Can someone tell me when can a property in New Jersey be sold when the owner dies with a will? Before or after probate?

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Bette Gerhold (Champions Real Estate Group)

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Praful Thakkar

LAER Realty Partners - Burlington, MA

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Bette Gerhold - I think this is more of an attorney question.

Aug 08, 2016 04:22 PM

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Nina Hollander, Broker

Charlotte, NC

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Teri Pacitto

Compass - Westlake Village, CA

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It's best to consult with an attorney who specializes in Probate law.

Aug 08, 2016 02:49 PM

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Nina Hollander, Broker

Charlotte, NC

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Ron and Alexandra Seigel

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California is different that any other state. Check with an attorney whose specialty is probate. A

Aug 08, 2016 02:38 PM

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Nina Hollander, Broker

Charlotte, NC

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FN LN

Toronto, ON

Consult with legal counsel licensed to practice in New Jersey and who is familiar with probate law applicable in New Jersey.

Aug 08, 2016 01:34 PM

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Nina Hollander, Broker

Charlotte, NC

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Evelyn Johnston

Friends & Neighbors Real Estate - Elkhart, IN

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You would need to consult with an Attorney in New Jersey.

Aug 08, 2016 01:28 PM

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Nina Hollander, Broker

Charlotte, NC

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Jeff Dowler, CRS

eXp Realty of California, Inc. - Carlsbad, CA

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Sounds like a question for a NJ attorney who knows probate and wills/estates

Aug 08, 2016 01:17 PM

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Nina Hollander, Broker

Charlotte, NC

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Diana Zaccaro Broker Associate

ZOOM Realty Group - Cocoa Beach, FL

"The Accidental Blogger" Cocoa Beach, Florida

That is a question for an attorney who does probate and estates. Call the Bar Association in the county in New Jersey where the property is located and ask for a referral to a probate/estate attorney.

Aug 08, 2016 12:52 PM

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Nina Hollander, Broker

Charlotte, NC

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Gabe Sanders

Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL

Stuart Florida Real Estate

You'll need to check with a N.J. attorney. But, if I were a betting man, I would wager that you can't sell it before probate is completed.

Aug 10, 2016 04:47 AM

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Will Hamm

Hamm Homes - Aurora, CO

"Where There's a Will, There's a Way!"

Ken Jones has the right idea on the subject.

Aug 09, 2016 04:36 AM

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Ryan Huggins - Thousand Oaks, CA

https://HugginsHomes.com - Thousand Oaks, CA

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Ken Jones is your expert here. Definitely need a lawyer that specializes in probate/trusts.

Aug 09, 2016 04:33 AM

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Olga Simoncelli

Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT

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Don't know about NJ, but probate usually comes first. In NY, for example, a probate certificate from the court is required at closing. Call the probate court in your county or an attorney.

Aug 09, 2016 03:12 AM

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Greg Brastow

Re/Max Southern Shores - Myrtle Beach, SC

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Bette,

Were you named the executor on the will?

Probate in New Jersey is handled by the surrogate court however it isn't always necessary.

Here is a link that helps explain it a little more detail.

http://www.nolo.com/legal-encyclopedia/new-jersey-probate-an-overview.html

Aug 09, 2016 02:55 AM

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Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

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I would likely seek legal advice for this one.

Aug 09, 2016 02:08 AM

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Harry F. D'Elia III

WEDO Real Estate and Beyond, LLC - Phoenix, AZ

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That is a great question for a lawyer.

Aug 09, 2016 12:37 AM

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Barbara Todaro

RE/MAX Executive Realty - Happily Retired - Franklin, MA

Previously Affiliated with The Todaro Team

in MA, it's after probate.... needs to be a certificate ( previously called an L-8 form) on record by closing....

Aug 09, 2016 12:23 AM

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Fred Griffin Florida Real Estate

Fred Griffin Real Estate - Tallahassee, FL

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With respect, see an Attorney.

Aug 09, 2016 12:17 AM

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Michael Jacobs

Pasadena, CA

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I am not an attorney nor do I play one on television.

Aug 08, 2016 11:56 PM

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Richie Alan Naggar

people first...then business Ran Right Realty - Riverside, CA

agent & author

The will has to be probated...Its trusts that don't

Aug 08, 2016 11:44 PM

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Wayne Martin

Wayne M Martin - Chicago, IL

Real Estate Broker - Retired

Get an attorney and provide all the facts to get a good decision!

Aug 08, 2016 11:38 PM

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Roy Kelley

Retired - Gaithersburg, MD

Check with your attorney.

Aug 08, 2016 11:18 PM

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Gita Bantwal

RE/MAX Centre Realtors - Warwick, PA

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Get legal advice.

Aug 08, 2016 10:42 PM

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Wayne Zuhl

Remax First Realty II - Cranford, NJ

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After you've spoken with a NJ real estate attorney.

Aug 08, 2016 10:06 PM

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Lyn Sims

Schaumburg, IL

Real Estate Broker Retired

I thought if one dies with a will there is no need for probate?

Aug 08, 2016 09:50 PM

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Nina Hollander, Broker

Coldwell Banker Realty - Charlotte, NC

Your Greater Charlotte Realtor

This is a form of legal advice, which agents should not give. Best to consult an attorney.

Aug 08, 2016 09:23 PM

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Tony and Suzanne Marriott, Associate Brokers

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Aug 08, 2016 08:34 PM

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Sam Shueh

(408) 425-1601 - San Jose, CA

mba, cdpe, reopro, pe

contact a major title & escrow company in NJ.

Aug 08, 2016 12:22 PM

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Bette Gerhold - I think this is more of an attorney question.
It's best to consult with an attorney who specializes in Probate law.
California is different that any other state. Check with an attorney whose specialty is probate. A
Consult with legal counsel licensed to practice in New Jersey and who is familiar with probate law applicable in New Jersey.
Sounds like a question for a NJ attorney who knows probate and wills/estates
That is a question for an attorney who does probate and estates. Call the Bar Association in the county in New Jersey where the property is located and ask for a referral to a probate/estate attorney.
You'll need to check with a N.J. attorney. But, if I were a betting man, I would wager that you can't sell it before probate is completed.
Ken Jones is your expert here. Definitely need a lawyer that specializes in probate/trusts.
Don't know about NJ, but probate usually comes first. In NY, for example, a probate certificate from the court is required at closing. Call the probate court in your county or an attorney.
Bette,

Were you named the executor on the will?

Probate in New Jersey is handled by the surrogate court however it isn't always necessary.

Here is a link that helps explain it a little more detail.

http://www.nolo.com/legal-encyclopedia/new-jersey-probate-an-overview.html
in MA, it's after probate.... needs to be a certificate ( previously called an L-8 form) on record by closing....
Get an attorney and provide all the facts to get a good decision!
I thought if one dies with a will there is no need for probate?
This is a form of legal advice, which agents should not give. Best to consult an attorney.