QUESTION

Probate Court Requirements for am administrator

Asked on Mar 14th, 2014 on Estate Planning - New Jersey
More details to this question:
my brother is non US citizen he is working in US on a Valid H1 Visa in NJ, he recently expired in India, to my idea he don't have a will and his company has already created an estate is it required for his parents and next of kin of the decedent must renounce his spouse to be an administrator. who has the priority right to be the administrator.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Does your brother own property or have bank accounts in the USA?  And no one, not his spouse or anyone else, is a joint owner, or otherwise has any legally rights to those accounts?  If that is the case, in order to become the administrator, everyone else who has a right to serve as administrator has to renounce their right to serve.  Then you take the renunciations and file it with the county surrogate along with the application to become the adminstrator.  this would all take place in the county in which your brother lived.  
Answered on Mar 19th, 2014 at 11:17 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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