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When you are named as a beneficiary in a New Jersey estate, you have specific rights that protect your access to information, your share of the inheritance, and your ability to challenge improper conduct. You are entitled to updates about the estate’s progress, a fair accounting of assets and expenses, and an opportunity to raise concerns if you believe the executor is mishandling funds or delaying distributions. Knowing these rights helps you plan and take action if something feels off during administration.
Your Core Rights During Estate Administration in New Jersey
Beneficiaries in New Jersey are not passive observers. You are entitled to clear communication and fair treatment throughout the process. While every estate is different, state law generally gives you the right to:
- Receive a copy of the will once it has been admitted to probate.
- Be informed about the estate’s assets, debts, and expected timeline.
- Request an accounting that outlines transactions made by the executor.
- Receive your distribution within a reasonable time.
- Challenge improper actions if you believe the executor is not fulfilling legal duties.
These protections exist so you are not left in the dark or forced to rely solely on the executor’s discretion.
Understanding What “Reasonable Time” Really Means
Many beneficiaries expect distributions right away, but New Jersey estates often take months or even longer to settle. Before assets can be released, the executor must:
- Identify and safeguard property.
- Pay outstanding debts and taxes.
- Resolve creditor claims.
- Prepare required accountings.
While delays can be frustrating, some steps are unavoidable. However, if months pass without updates, or you learn that property is being sold improperly or bills are not being paid, the delay may no longer be reasonable. When you notice patterns of silence or disorganization, you have the right to request clarification or raise concerns.
Your Right to a Formal Accounting
A key protection is access to the estate’s financial records. You may request a formal accounting that includes:
- A list of all assets at the start of administration.
- All income received by the estate.
- All expenses paid, including executor fees.
- Any property sold and the proceeds.
- Proposed distributions to you and other beneficiaries.
Executors must keep thorough records, and a detailed accounting helps you confirm that assets are handled according to the will and New Jersey law. If the executor refuses to provide this information or the numbers do not make sense, you may have grounds to challenge the administration.
Recognizing Executor Misconduct
Executors have fiduciary duties. They must act in the best interests of the estate and its beneficiaries, and they must avoid any personal gain beyond approved compensation. Misconduct may include:
- Withholding information for long periods.
- Using estate funds for personal expenses.
- Failing to safeguard property.
- Ignoring creditor deadlines that create penalties.
- Mismanaging investments or selling assets below their fair value.
When you see signs of mismanagement, you have the right to take action. New Jersey law allows beneficiaries to petition the court to remove an executor when misconduct is harming the estate.
When You May Need to Consult an Attorney
As the new year begins, many families look at their financial and estate planning needs. If you are a beneficiary, this is also a good time to review the status of any ongoing administration. You should consider speaking with an attorney when:
- You can’t get answers to basic questions about assets or timing.
- The executor refuses to share documents or provide updates.
- There are unexplained withdrawals or missing property.
- The accounting appears incomplete or inaccurate.
- Family disputes are escalating and delaying distributions.
- You suspect the executor is putting personal interests first.
An attorney can help you understand whether the issue is a normal delay or a legal problem that deserves immediate attention.
Take the Next Step to Safeguard Your Inheritance
Being a beneficiary comes with certain rights and responsibilities. You deserve transparency, fairness, and timely action throughout the estate process. If something does not seem right, you do not need to wait or hope it resolves on its own.
If you have questions about your rights or concerns about how an estate is being managed, we will help you understand your options and take appropriate action. Contact Bozanian McGregor LLC to discuss your situation and plan for a clearer and more confident year ahead.