New Jersey estate terms, in plain English.

A

Administration bond

A bond an administrator is usually required to post, protecting the estate's heirs and creditors. In some situations the amount can be reduced or the bond waived.

Administrator

The person the Surrogate appoints to settle an estate when there's no will, usually a surviving spouse or another heir. Once appointed, the administrator can act for the estate, including selling its property. Learn more →

B

Beneficiary

Someone named in a will to receive part of the estate. A beneficiary may or may not also be an heir.

C

Class A beneficiary

For New Jersey inheritance tax: a spouse or civil-union or domestic partner, children, grandchildren, stepchildren and parents. Class A beneficiaries are exempt from New Jersey inheritance tax. Learn more →

Class C beneficiary

For New Jersey inheritance tax: brothers and sisters, and sons- and daughters-in-law. The first $25,000 they inherit is exempt; amounts above that are taxed at graduated rates. Learn more →

Class D beneficiary

For New Jersey inheritance tax: everyone who isn't in another class, including nieces, nephews, cousins and friends. They're taxed at 15% up to $700,000 and 16% above. Learn more →

Codicil

A signed amendment to a will that changes or adds to it without replacing the whole document.

Corrective deed

A deed recorded to fix an error in an earlier deed, such as a misspelled name or an incorrect property description.

Creditor claim

A demand for payment that a creditor makes against an estate. In New Jersey, creditors generally have nine months from the date of death to present a claim. Learn more →

D

Decedent

The person who has passed away.

Disclaimer of inheritance

A formal, written refusal to accept an inheritance. It is different from a renunciation, which only declines the role of administrator or executor.

E

Estate

Everything a person owned at death, including real estate, accounts and belongings, along with their debts.

Estate tax

A tax on the total value of an estate. New Jersey repealed its estate tax for deaths on or after January 1, 2018. The separate inheritance tax still applies. Learn more →

Executor

The person named in a will to settle the estate. The executor's authority begins once the Surrogate admits the will to probate and issues Letters Testamentary.

F

Fiduciary

Anyone legally responsible for managing property for others, such as an executor, administrator or trustee.

H

Heir

Someone entitled to inherit under New Jersey law when there's no will, usually a spouse, children or other close relatives.

I

Inheritance tax

A New Jersey tax on what certain beneficiaries receive. How much is owed depends on the beneficiary's relationship to the person who passed away. Learn more →

Inheritance tax waiver

A release from the New Jersey Division of Taxation that allows inherited property to be transferred or sold. For close family, an affidavit can often be used for real estate instead of a full tax return. Learn more →

Intestate

Dying without a valid will. The estate then passes to heirs under New Jersey's intestacy laws, and an administrator is appointed. Learn more →

J

Judgment

A court's decision that one person owes another money. Once entered, a judgment can attach to real estate as a lien. Learn more →

L

Letters of Administration

The document the Surrogate issues to an administrator, proving their authority to act for an estate when there's no will. Learn more →

Letters Testamentary

The document the Surrogate issues to an executor once a will is admitted to probate, proving their authority to act for the estate. In New Jersey, a will can't be admitted until at least 10 days after the death. Learn more →

Lien

A legal claim against a property for an unpaid debt, such as a mortgage, a tax lien or a judgment. Liens are usually paid off from the sale proceeds at closing. Learn more →

N

Notice of Probate

A notice the executor mails to beneficiaries and next of kin within 60 days after a will is probated in New Jersey. Learn more →

P

Personal representative

A general term for the executor or administrator of an estate.

Probate

The court-supervised process of proving a will and appointing someone to settle an estate. In New Jersey, probate happens at the Surrogate's Court in the county where the person lived. Learn more →

Q

Quiet title action

A lawsuit asking a court to settle who owns a property when the title is unclear or disputed.

R

Refunding bond and release

A document a beneficiary signs when receiving a distribution from a New Jersey estate. It releases the executor or administrator and agrees to refund money if it's later needed to pay the estate's debts.

Renunciation

A signed statement in which an heir declines the right to serve as administrator or executor, so that another person can be appointed. It doesn't give up the heir's inheritance. Learn more →

S

Self-proving will

A will signed with an attached notarized affidavit from the witnesses, so it can usually be probated without the witnesses appearing.

Short certificate

A certificate from the Surrogate confirming who is authorized to act for an estate. Banks, title companies and others often ask for one.

Surrogate

The elected official in each New Jersey county who handles probate matters. New Jersey has 21 Surrogates, one per county. Learn more →

T

Tax-sale certificate

A lien a municipality sells when property taxes go unpaid. If the certificate isn't redeemed, the holder can eventually foreclose. Learn more →

Testate

Dying with a valid will.

Title search

A review of public records showing who owns a property and what liens, judgments or other claims are attached to it.

W

Will

A signed legal document stating how a person's property should be distributed after death and who should serve as executor. In New Jersey, the original will, not a copy, is required for probate. Learn more →

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