dual executors in NJ??

What is the name of your state? NJ

My father recently died, and his will divides the estate between my sister and me. We are named as Co executors. We both live in NYS, but the will needs to be probated in NJ, my fathers residence. My sister and I do not get along well, and it was decided that we go seperately to the court to start probate proceedings. Since I had the papers (will, death certificates) required, I went first. Its now my sisters turn.

She has just informed me that the courts require that we have only 1 executor, and she will not fill out the papers for probate until we discuss this. It's the first time I've heard of this and I had consulted with a lawyer earlier. I'm sure she would have mentioned it.
Is there any validity in her claim?

Why haven't you called the clerk that helped you and asked?

Stop quibbling over a minor issue. You should agree to step aside and let her do it, or at least suggest hiring a probate attorney if neither one of you can afford to take time off your jobs to do this. When you look at how measly the executor fee is, neither one of you may want to take the time and trouble.

lwpat said:

Why haven't you called the clerk that helped you and asked?

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Thank you.
I will certainly do so, but the offices are closed on weekends. I will be away and it may be several days before I have the opportunity to talk to her. I'd hoped to do some preliminary research here, to be better prepared for the conversation.

Dandy Don said:

Stop quibbling over a minor issue. You should agree to step aside and let her do it, or at least suggest hiring a probate attorney if neither one of you can afford to take time off your jobs to do this. When you look at how measly the executor fee is, neither one of you may want to take the time and trouble.

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I believe you misunderstood the question Dandy, and perhaps I stated it badly. My intended question was "Is there any law in NJ that disallows dual executors?" I would greatly appreciate an answer if you have one. Condescending advice given after jumping to conclusions is no help at all, though it may have some entertainment value for you.

When my mother past away in NJ, my brother and I were name co-executors. I lived in NJ and he lived in NY. I (with the aid of my lawyer) filed probate. My brother did not have to physically be present. I forgot the details but he was able to complete his part by mail. I have no idea what the rules are if both people are not residents of NJ. Check with the clerk or lawyer.

Although the executors fee might be small, the lawyer fees can really add up. The job will be easier if only one person is the executor. Unless trust is an issue, let your sister handle it. It will go quicker if you don't have to send papers back and forth between you for signatures. Some stuff will require both executors to sign.