Short answer
The county Surrogate decides, following the order of priority set by New Jersey statute. The surviving spouse has the first right to act. Other next of kin generally have to renounce their own right, and a surety bond is required. Only the person with letters of administration can sign a deed for the estate.
Spouse first, then the rest of the family
Camden County's Surrogate says the Surrogate may grant letters of administration according to the order of priorities in New Jersey statutes, and that the law gives the first right to act to the surviving spouse. If there is no spouse, or the spouse does not want the job, the Surrogate looks to the remaining heirs. You do not pick yourself. The Surrogate applies the statute and decides who is appointed.
Renunciations and the bond
Camden County adds that an administrator applicant must file a renunciation from, or proof of notice to, anyone with a prior or equal right to letters. Morris County's guide says that before an administrator can be appointed, all other next of kin must renounce their right to the role, and that a surety bond is also required. Practically, this means the family has to talk. A sibling who will not sign a renunciation can slow the whole estate, and a house cannot be sold until someone has authority.
What the letters let the administrator do
Morris County says the Surrogate issues a Letter of Administration giving the administrator the authority to transfer property, withdraw money from bank accounts, pay outstanding bills and handle the other affairs of the estate. That is the paper the title company and the buyer's attorney will want to see before a closing. The guide also warns that appointment often takes time, especially if someone challenges it or distant relatives must be found, and that during that period final paychecks can be withheld and accounts that were not jointly held can be frozen.
What if no relatives can be found
Morris County's guide says that if there are no next of kin, the property will escheat to the State of New Jersey. It also says a creditor owed money by the estate can apply for administration after 40 days from the date of death when there are no next of kin. That is a rare outcome, but it shows why it is worth documenting a real search for relatives early. An estate attorney can tell you what the Surrogate will accept as proof.
If the estate wants a quick, simple sale
Once an administrator is appointed and the state's tax waiver for real estate is in hand, the estate can sell. Kaizen Home Buyers buys houses as-is for cash, with no repairs and no agent commission. We can make an offer within 24 hours and close in 14 to 30 days or on the date you choose. We can talk to the family before letters are issued, but a closing needs the appointed administrator. Listing with an agent is the other main route and may bring a higher price if the house is ready for buyers. Call 267-329-0084.