Renunciations

In probate and estate administration, much like in many other aspects of our lives, someone has to step up and be responsible. If a decedent dies with a will (otherwise called “testate”), the will usually names an executor and alternate executor to administer the estate. If someone dies without a will (this is called “intestate”), New Jersey statute determines that next-of-kin have the right to be appointed by the Surrogate. Next of kin is defined by the New Jersey Statutes, and not what a beneficiary or proposed administrator thinks is a next of kin!

But first, a simple distinction: in a testate probate estate (remember, the person had a will), the person appointed to represent the estate is called an “executor.” In an intestate probate estate (that’s where there is no will), the person administering the estate is called an “administrator.” Aside from the difference in name, this person has all of the same rights and powers to do what is necessary to marshal, protect, maximize, and pay out the estate.

However, regardless of whether a named executor does not wish to perform, or, for example, if one of multiple children of an intestate decedent wishes to be appointed, the remaining next-of-kin would have to sign off. A proper renunciation must be notarized and adequately filed.

If the next-of-kin with a prior or equal right to appointment as executor or administrator of a probate estate by the Surrogate cannot or will not sign renunciations, the applicant must file an Order to Show Cause and a verified complaint to petition to be appointed as the Administrator or Administrator C.T.A. of the estate. Likewise, an interested party may have to file an Order to Show Cause and verified complaint to contest a sitting Executor, Administrator, Administrator C.T.A., or subsitituted Administrator.

If in an application for letters of administration with the will annexed, it appears that the decedent left a will naming an executor who has not renounced, proof shall be submitted showing that like notice has been given to the executor of the probate estate.

There are obviously advantages to being appointed or renouncing probate administration. If you renounce, or sign a renunciation, you are still entitled to your inheritance. However, the executor or administrator is the only person with the right to handle the assets of the estate prior to distributing to the probate beneficiaries. Unfortunately, this can cause distrust amongst beneficiaries (I have filed and defended plenty of complaints; siblings against siblings, children against parents). In some cases, beneficiaries may have good cause to believe the executor or administrator did mismanage or waste probate estate assets, especially if the executor or administrator is being coy or non-responsive about probate assets (there is another blog post about this issue).

Thus, if you do not wish to be an executor or administrator of the probate estate, or if you do and need assistance in preparing the application to the Surrogate and in administering the probate estate, you can email me at Ranalli@ranalli-law.com. Your rights and privacy are protected. I never share or sell your information or email. No one wants spam email and I respect your right to privacy. I am here to help you.