Article On Ante-Mortem Probate In New Jersey

Susan G. Thatch (New Jersey Law Review Commission) recently published an article entitled, Ante-mortem probate in New Jersey–an idea resurrected?, 39 Seton Hall Legis. J. 331-358 (2015). Provided below is an excerpt from the article:

Planning for one’s own demise can be an undertaking with significant legal and social repercussions.1 To that end, numerous individuals make substantial efforts and shoulder significant costs to ensure that their assets are disposed of in the manner they deem appropriate. New Jersey’s current probate law only contemplates postmortem probate, resulting in numerous costly and time-consuming probate disputes, which are potentially disruptive to the testator’s desired scheme of disposition. Promulgation of an ante- or pre-mortem probate provision could potentially afford New Jersey residents maximum flexibility in planning their estate and provide peace of mind that their final wishes will be faithfully executed.