New Jersey. Has will. Once dad passes can the executor of the will sell the house(once agreed with siblings) and put the proceeds into the estate account and distibute accordingly?
For starters, you're going to need to tell us what the will says. Does it say anything specific about the house? Does it just say, "my estate should be split evenly between my children" (or something like that)? Also, the executor is the executor of the estate, not "executor of the will," and the person
nominated in the will to serve as executor has no authority to do anything until and unless he is appointed by the surrogate's court to act as executor.
Does the will have to go through probate if all agree with the will and is strait forward(all get equal %)?
There is no "agreeing" involved. Whether an estate needs to be probated is determined by its size and composition. If the estate owns real property that is to be sold, then it almost certainly will need to be probated.
I understand the distribution of his mutual, stocks etc. which he names beneficiarys so they can pass the probate process. I just dont understand how the sell of the house works? The deed is in his name and no POD or Transfer on death etc in NJ. Total estate 1 million(house value $300,000.00) no liens no mortgage, nothing.
For starters, stuff that has designated pay-on-death beneficiaries does not count toward the estate value for purposes of determining whether probate is necessary. Once the surrogate's court appoints an executor, the executor will have the authority to sell the house.
The person nominated in your father's will to serve as executor should retain the services of a local probate attorney (assuming he/she actually wants to be executor). Probating an estate of this size that includes real property without an attorney would, IMO, be exceptionally foolish.
so at this point in time, no matter what, the house has to go through probate is my understanding.
The
estate has to be probated, and the house is part of the estate.
Is selling the house during probate a special process, forms etc.
I don't understand what you mean by "special process" or what the reference to "forms" means.
Or once the executor is designate by the court they can act on behalf of the estate and sell it?
Unless the court limits the executor's authority, yes.
Are the surrogate court people helpful?
I'm sure, like any other group of people, some of them are and some are not. Understand, however, that "the surrogate court people" are not your representatives, and those of "the surrogate court people" who are attorneys are not
your attorneys. I'll say again that probating an estate is
not a good DIY project.
What exactly does the court do upon completion of the will at the end when everything is done? do they give you a piece of paper showing the estate has been liquidated and distributed according to the will and all is done?
Typically, the last steps in the probate process will be for the executor to submit to the court a final accounting and proposed distribution. The court will review it to ensure that everything is in order and, if it is, will enter an order approving the accounting and directing the executor to make the proposed distributions. Then the executor will make the distributions and file receipts with the court. Once that happens, the estate will be closed, the executor will be discharged and, if the executor was required to obtain a bond, the bond will be exonerated.