Question 1

Why is it important to have a will in New Jersey, even if I don’t own many assets?

Accepted Answer

Many people assume a will is only necessary if they have substantial wealth, but that’s a common misconception. In reality, a valid will provides clear direction about who should inherit your assets—no matter how modest—and who should be responsible for carrying out your wishes. Without a will, New Jersey’s intestacy laws determine how your property is distributed, which may not reflect your intentions.

A will allows you to:

Name a trusted executor
Appoint guardians for minor children
Designate specific gifts to family members or charities
Avoid family disputes or confusion after your passing

At the Law Offices of Howard N. Sobel, P.A., our Camden County wills and estates lawyers help ensure your will is properly drafted, witnessed, and legally enforceable under New Jersey law.

Question 2

What is the difference between a will and a trust?

Accepted Answer

Both wills and trusts are estate planning tools, but they serve different purposes and offer distinct advantages. A will is a legal document that outlines how you want your assets distributed upon your death. It only takes effect after you pass away and usually must go through probate court.

A trust, on the other hand, is a legal entity that holds assets during your lifetime or after your death, depending on how it’s structured. Trusts can:

Help avoid or minimize probate
Provide more privacy than wills (which are public documents)
Allow quicker distribution of assets to beneficiaries
Offer protection for minor or special-needs beneficiaries

Our wills and estates attorneys in Voorhees, NJ can help you determine which option—or combination—is best for your estate and goals.

Question 3

What happens if someone dies without a will in New Jersey?

Accepted Answer

When someone passes away without a valid will in New Jersey, the estate is considered intestate. That means the distribution of assets is handled according to state law, not personal wishes. The Surrogate’s Court will appoint an administrator to manage the estate and distribute property to heirs in a specific order:

Spouse and children (with specific formulas applied)
Parents
Siblings
More distant relatives if necessary

This process can lead to disputes, delays, and unintended consequences—especially in blended families or if the deceased had long-term partners, stepchildren, or estranged relatives. Creating a will ensures that you, not the state, decide what happens to your property.

Question 4

How does probate work in Camden County and how long does it take?

Accepted Answer

Probate is the legal process of proving a will’s validity, appointing a legal representative, paying debts and taxes, and distributing remaining assets. In Camden County, probate usually begins in the Surrogate’s Court and involves: Submitting the will and death certificate Appointing the executor if one is named in the will; if no executor is named, or if there is no will, the Surrogate’s Court will appoint an administrator Notifying beneficiaries and creditors Gathering and valuing assets Paying debts and filing taxes Distributing assets according to the terms of the will or state intestacy laws In straightforward cases, probate can take as little as six months. More complex estates or disputes can extend the timeline to a year or more. Our firm assists executors, administrators, and beneficiaries throughout the probate process to help avoid delays and legal missteps.

Question 5

Can I change my will after it’s been signed?

Accepted Answer

Yes, your will can and should be updated as your life circumstances change. Significant events such as marriage, divorce, the birth of children or grandchildren, a move to another state, or acquiring new assets can all warrant a revision. In New Jersey, changes can be made in two ways:

Codicil: A legally binding amendment to your current will
New Will: A fully revised document that revokes the previous one

Our Voorhees wills and estates attorneys can review your existing documents and recommend the best approach to ensure your estate plan continues to reflect your goals and comply with current laws.

Camden County Wills and Estate Planning Lawyers

Wills and Estates Attorneys in Voorhees, NJ, Dedicated To Guiding Families Through Every Stage of the The Estate Planning and Administration Process in Cherry Hill, Marlton, Mt. Laurel, Medford, Gloucester Township, and Surrounding Areas

How Our Camden County Wills and Estate Planning Lawyers Can Help

Personalized Estate Planning to Protect You and Your Loved Ones

Skilled Probate Guidance and Estate Administration Support

Why Choose Our Wills and Estates Attorneys in Voorhees, NJ

Get Started with Our Experienced Camden County Wills and Estate Planning Lawyers Today

Frequently Asked Questions About Will and Estate Legal Matters in Camden County and Throughout New Jersey

Q. Why is it important to have a will in New Jersey, even if I don’t own many assets?

Q. What is the difference between a will and a trust?

Q. What happens if someone dies without a will in New Jersey?

Q. How does probate work in Camden County and how long does it take?

Q. Can I change my will after it’s been signed?