Losing a loved one is hard enough without the added stress of legal paperwork. Being named executor of an estate in New Jersey is a major responsibility, especially for first-timers. If you have never handled probate before, the process can seem complicated and even intimidating.
At Cohler Law, we guide executors in Marlton, Burlington County, and throughout South Jersey so they can carry out their duties with confidence and peace of mind. From the very beginning, you must act carefully, protect your interests and those of the beneficiaries, and follow the decedent’s wishes faithfully.
Below, we’ll walk you through five of the most common missteps New Jersey executors make, and show you how to avoid each one.
Mistake #1: Failing to Secure the Original Will and Death Certificate Early
One of your first steps is to locate the original will and any codicils (supplementary documents). You should also obtain several certified copies of the death certificate as soon as possible. Delaying this step can cause missed deadlines or create confusion about the estate’s assets and obligations.
You’ll also want to gather related documents such as property deeds, trust agreements, beneficiary designations for life insurance or retirement accounts, bank and investment statements, insurance policies, and any written instructions the decedent may have left. Understanding the complete picture early on helps you avoid problems later.
How to avoid this mistake:
- Retrieve the original will in New Jersey and any codicils immediately.
- Order multiple copies of certified death certificates for court filings, banks, and insurance companies.
- Keep all documents organized and stored safely.
If you cannot locate a key document, speak with your attorney before making any assumptions.
Mistake #2: Acting Before Receiving Your Letters From the Surrogate’s Court
In New Jersey, formal probate typically requires filing a petition for Letters Testamentary (if there is a will) or Letters of Administration (if there is not a will). Until the Surrogate’s Court issues these Letters, you do not yet have legal authority to act as executor. Acting too soon, such as closing accounts or selling property, can expose you to personal liability. Some smaller estates might qualify for a simplified or informal probate process, which your attorney can evaluate for you.
New Jersey also allows the use of a Small Estate Affidavit for certain estates that do not require formal probate. In 2025, the threshold is $50,000 for a surviving spouse or domestic partner and $20,000 for other heirs. This option is available only when the decedent died without a will and the total value of the solely owned personal assets is below the applicable limit. The affidavit is filed with the Surrogate’s Court in the county where the decedent lived. Your attorney can help you determine whether the estate qualifies for this streamlined process.
How to avoid this mistake:
- Confirm with your attorney whether the estate qualifies for formal or simplified probate.
- File your petition with the Surrogate’s Court in the county where the decedent resided or owned real property.
- Wait until the Letters are issued before taking any actions on behalf of the estate.
- Keep a copy of the Letters in your records and use them whenever institutions request proof of authority.
Mistake #3: Mixing Personal and Estate Finances or Failing to Open an Estate Account
After probate is opened, every executor must maintain a clear separation between personal finances and estate funds. Mixing accounts is one of the most common errors. It can complicate record-keeping, raise questions from beneficiaries, and even result in personal liability.
How to avoid this mistake:
- Open a dedicated NJ estate bank account as soon as you receive your Letters.
- Obtain an Employer Identification Number (EIN) from the IRS for the estate before opening the account. This number is required by banks and for tax reporting.
- Deposit all estate funds into that account only.
- Use the account exclusively for estate expenses, taxes, and distributions.
- Maintain meticulous records of every transaction.
If you personally pay an expense on behalf of the estate, document it and seek proper reimbursement through your attorney.
Mistake #4: Ignoring Creditor Notice Requirements or Assuming Taxes Do Not Apply
Under New Jersey law, executors must notify known creditors and send written Notice of Probate to all beneficiaries and potential heirs. As of 2025, executors are no longer required to publish a notice of death in a newspaper. Creditors now have nine months from the date of death to present claims to the executor. Failing to communicate with known creditors or beneficiaries can delay closing the estate and create liability if debts later surface.
While New Jersey has not reinstated its state estate tax, executors must still file final income tax returns for the decedent and for the estate (if it earns income). A federal estate tax return may be required if the estate exceeds the current federal exemption limit (about $13.6 million in 2025). The New Jersey inheritance tax may still apply based on the beneficiary’s relationship to the decedent. Spouses, children, and grandchildren (Class A) are exempt, but siblings, nieces, nephews, and non-relatives (Class C or D) may owe between 11 percent and 16 percent.
How to avoid this mistake:
- Send written notice to all known creditors, tax authorities, and beneficiaries.
- Send written Notice of Probate to all beneficiaries and potential heirs, and notify all known creditors in writing.
- File the decedent’s final income tax return and, if the estate earns income, the estate’s own return (IRS Form 1041).
- Consult your attorney or tax professional about possible inheritance-tax implications and federal filing deadlines.
At Cohler Law, we’ll help you determine whether a filing is required and handle the deadlines so you don’t get surprised.
Mistake #5: Distributing Assets Before Final Accounting or Court Approval
Prematurely distributing assets can create serious problems if outstanding debts, taxes, or disputes arise later. If you distribute funds before completing a full accounting, you could be held personally responsible for any shortfall.
How to avoid this mistake:
- Prepare a complete accounting of all estate assets, income, expenses, and distributions.
- Share the accounting with beneficiaries for approval or submit it to the Surrogate’s Court if required.
- Obtain signed releases or refunding bonds from beneficiaries before making final distributions. These documents protect you from future claims and are required by most New Jersey Surrogates.
- Wait for the court to discharge you as executor before making final distributions.
- Ensure property titles are transferred only after all obligations have been satisfied. Confirm that your letters or legal authority permit such transfers.
What You Should Do Instead: An Executor’s Checklist
Here’s a quick checklist to help keep you organized and compliant:
- Secure the will, codicils, and death certificate.
- Consult an attorney experienced in New Jersey probate and estate administration.
- Determine whether formal probate is required.
- File for Letters with the county Surrogate’s Court.
- Open an estate bank account and keep records of all transactions.
- Inventory and safeguard all assets.
- Notify creditors and beneficiaries as required.
- Pay valid debts, taxes, and administrative expenses.
- Prepare and present your final accounting.
- Obtain discharge of your fiduciary duties before closing the estate.
- Retain a secure copy of all records in case questions arise.
If you’re feeling overwhelmed, please contact us for support.
How Cohler Law Supports Executors in South Jersey
At Cohler Law, we help executors across Marlton, Cherry Hill, Mount Laurel, Burlington County, Camden County, Gloucester County, and surrounding communities. We take the time to meet with each client individually, ensuring your questions are answered and every detail is handled properly.
Our estate administration services cover every stage of probate, from filing initial petitions to final distributions. We help you stay compliant with court requirements, manage deadlines, and avoid common pitfalls. You don’t have to navigate this process alone. Our team provides practical guidance, clear communication, and steady support every step of the way.
Ready to Get Started? Contact Cohler Law
If you have been named executor of a New Jersey estate and are unsure where to begin, contact Cohler Law. We can help you take the first steps with confidence. Call 856-644-1969 or use our online contact form to schedule a consultation.
Let us help you navigate the process with clarity and care so you can fulfill your duties and obtain peace of mind. To learn more, visit our office.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.