In this interesting video, Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright discusses the requirement in New Jersey that real estate be transferred following the death of the real estate owner. He explains that attempts to transfer ownership following the death of the owner by anyone other than the duly appointed estate representative makes the transfer unlawful and is a defect in ownership by the successor title holder.
Mr. Niemann distinguishes between joint owners of property and individual owners whereupon he explains that joint property owned by more than one individual can be transferred out following the death of a co-owner without the need for the appointment of a administrator or executor and makes it clear the circumstances in which individuals can or cannot act on their own to effectuate a change in ownership to real estate.
The role of the surrogate and the appointment of the estate executor representative is also briefly discussed in this video.
By Fredrick P. Niemann, Esq., a NJ Estate Administration Attorney