Must I be an administrator of my brother's estate?
My brother passed away in New Jersey recently. No will. No assets, other than $200. and 2 junk cars, maybe a few dollars in unemployment are due. Small 401K, less than the medical debts owed, no beneficiary. As next of kin, my only interest is in having 2 junk cars removed from where he lived,. Must I file with the surrogate to be an administrator to do this? I know that I am not responsible for his debts, but shat are my responsibilities to settle his estate? What if no one does anything (contacting creditors, 401K administrator, etc)?
Expert Answer
In New Jersey, if a person has no surviving spouse, civil union or domestic partner and the property he or she owns does not exceed $10,000 in value, a close relative can be issued a legal affidavit to handle the disposition of the estate. It is a simple matter, handled through the surrogate court, that would enable you to easily dispose of the cars and clear up and settle any money due or owing your brother. Without that legal authorization, it is unlikely you will be able to deal with legal title transfers to property.
That written, there is no legal obligation for you to come forward.