What Hillsdale, NJ Residents Should Know About Probate
- Joseph D'Urso
- Feb 2
- 3 min read
If you’ve recently lost a loved one, or you’re thinking ahead about your own estate, you’ve probably heard the word probate come up. For many families in Hillsdale, probate becomes an unexpected and frustrating process because no planning was done in advance.
Below is a straightforward overview of what probate is, how it works in New Jersey, how long it usually takes, and what can be done to avoid it.
Concerned about probate delays? Call for guidance: 201-844-8744
What Is Probate?
Probate is the legal process used to settle a person’s estate after they pass away. During probate, the county court oversees:
Validating the will (if one exists)
Appointing an executor
Paying outstanding debts and taxes
Distributing remaining assets to heirs
If someone dies without a will, probate is still required, but the court follows New Jersey’s intestacy laws to decide who inherits what.
In Bergen County, probate cases are handled through the Surrogate’s Court.
How Long Does Probate Take in New Jersey?
Many Hillsdale estates involve a primary residence that has been owned for decades. When that property goes through probate, it can remain tied up for over a year—even when all family members are in agreement.
During this time, families are often still responsible for ongoing expenses, even though assets are not yet accessible. This commonly includes:
Property taxes and utility bills
Homeowners insurance
Routine maintenance and repairs
Costs associated with an unoccupied home
Because estate funds may be delayed, these expenses are frequently paid out-of-pocket while probate is ongoing.
For Hillsdale families, probate can turn what seems like a straightforward estate into a prolonged period of financial and logistical responsibility, adding stress at a time when clarity and resolution are most needed.
Why Probate Can Be Stressful for Families
Many Hillsdale estates involve a primary residence that has been owned for decades. When that property goes through probate, it can remain tied up for over a year—even when all family members are in agreement.
During this time, families are often still responsible for ongoing expenses, even though assets are not yet accessible. This commonly includes:
Property taxes, mortgage payments and utility bills
Homeowners insurance
Routine maintenance and repairs
Costs associated with an unoccupied home
Because estate funds may be delayed, these expenses are frequently paid out-of-pocket while probate is ongoing.
For Hillsdale families, probate can turn what seems like a straightforward estate into a prolonged period of financial and logistical responsibility, adding stress at a time when clarity and resolution are most needed.
How Can You Prevent an Estate From Going Through Probate?
The good news is that probate is often avoidable with proper planning.
Some common strategies include:
Creating a Revocable Living Trust
Assets held in a trust can pass directly to beneficiaries without going through probate.
Properly Titled Assets
Certain accounts, such as retirement accounts or jointly owned property, may bypass probate if titled correctly.
Beneficiary Designations
Life insurance policies and payable-on-death accounts transfer directly to named beneficiaries.
A Well-Drafted Estate Plan
A clear, legally sound estate plan reduces confusion and minimizes court involvement.
Every situation is different, which is why planning should be tailored, not copied from a template.
What Happens If Probate Can’t Be Avoided?
In some cases, probate is unavoidable. When that happens, having experienced legal guidance can make a significant difference.
An attorney can help executors and families:
Navigate court filings correctly
Avoid unnecessary delays
Resolve disputes efficiently
Ensure assets are distributed properly
The goal is to move the process forward as smoothly as possible.
Working With the Law Offices of Joseph D’Urso
We help Hillsdale families plan ahead to avoid probate whenever possible, and guide them through the process when probate is required.
Our practice focuses on clear planning, practical advice, and helping clients protect their families from unnecessary delays and complications.
In addition to Hillsdale, we regularly work with clients in surrounding towns, including River Vale, Westwood, Park Ridge, Montvale, Woodcliff Lake, Emerson, Washington Township.
If you’re concerned about how long probate can take, or want to make sure your estate is handled efficiently, speaking with an attorney early will make a meaningful difference.
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