Satisfied Customers: 9085
Experience: 30 years experience corporate, litigation, international
replied 5 years ago.
What you need to do is the following. If they died while living in NC with a will, the will has to be submitted to probate in NC and the niece would apply to be named executor. If they did not have a will when they each died then the niece would apply to the probate court to be appointed personal representative. This can usually be done without an attorney and the probate court clerk's office is usually very helpful in doing the forms that are necessary.
Once a personal representative is appointed, either through the will or without a will the probate court issues letters testamentary to the personal representative.
Hopefully, NJ will accept the NC letters testamentary. My experience is that usually they do. The worst case is that the personal representative will have to apply to the probate court in a county for what are
called ancillary letters of administration. The personal representative can be appointed this ancillary administrator in NJ. Technically, for some purposes, the personal representative cannot act for some purposes outside the state that issued the letters of testamentary. This would particularly apply to dealing with real property. Since you are dealing with unclaimed property it is probably not real estate so this should not be an issue.
If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.