How to Review and Correct Missing or Incorrect Probate Filings in New Jersey

Short answer: In New Jersey, start by getting certified copies of all probate filings and the estate docket from the county Surrogate’s Court, compare what was filed to what should have been filed, then use the court’s procedures to request corrections, compel an accounting, or file objections/petitions to reopen or modify the record. Act promptly and consider hiring a probate attorney — timing and proper procedure matter.

What you need to know first (plain language)

If your father’s estate is in probate, the county Surrogate’s Court keeps the estate file and the docket of everything filed in the case. Anyone with a legitimate interest in the estate (typically heirs, devisees, creditors) can inspect many of the court papers and request copies. Missing, incomplete, or incorrect filings can sometimes be fixed by filing corrected documents, asking the court to order corrections, or by seeking an accounting, a nunc pro tunc order, or other relief depending on the issue.

Step-by-step checklist to review probate filings

1. Identify the correct Surrogate’s Court. Probate in New Jersey is handled by the county Surrogate’s Office where the decedent lived. See the New Jersey Courts Surrogates page for local contacts and general procedures: https://www.njcourts.gov/selfhelp/surrogates/index.html.
2. Obtain the estate docket and complete file. Request certified copies of the estate docket and all documents filed (petition for probate/administration, will, letters testamentary / letters of administration, inventories, accountings, petitions, and orders). Most Surrogate Offices provide copies for a fee.
3. Compare filings to known facts. Check whether the will offered in probate matches any original or known copy. Verify whether the executor/administrator filed required inventories, accountings, tax filings, petitions, or notices to heirs and creditors.
4. Document each problem. Make a clear list of documents you believe are missing or incorrect, with citations to the docket entry and copies of the conflicting documents you possess.

How to correct missing or incorrect filings — common routes

Which procedure you use depends on the specific problem. Below are common remedies used in New Jersey estates.

1. Ask the executor/administrator or their attorney to correct clerical errors

If a filing is a simple clerical mistake (typo, wrong date, wrong page), first ask the estate representative or their counsel to file a corrected document or an agreed order. Courts often accept corrected filings when parties agree.

2. File a formal objection or caveat

If you disagree with a filing (for example, an alleged inventory is incomplete or the executor failed to list assets), you can file an objection or caveat with the Surrogate asking the court to review and resolve the issue. If the objection involves the validity of the will or capacity issues, you may need to file a contest or a petition to remove the fiduciary.

3. Petition the Surrogate for an accounting or for a correction

If the executor did not file an inventory or accounting you believe is required, you may petition the Surrogate to compel an accounting or to order the executor to file missing documents. The Surrogate has authority over estate administration matters and can order filings, corrections, or sanctions in appropriate cases. For statutes and processes governing decedents’ estates, see New Jersey’s laws on decedents’ estates (Title 3B): https://www.njleg.state.nj.us/ (see Title 3B – Decedents, Estates and Fiduciaries).

4. Seek a nunc pro tunc or other corrective order

If an important document was omitted from the file by accident, the court can sometimes enter a nunc pro tunc order (to treat an act as if done earlier) or amend the record to reflect what actually occurred. This often requires sworn proof and supporting documents.

5. File a formal accounting, surcharge petition, or removal action

When the executor’s conduct suggests misconduct, breach of fiduciary duty, or serious accounting errors, you may ask the court for a formal accounting, for surcharge (financial recovery for losses), or for removal of the fiduciary. These are adversarial petitions and usually require legal representation.

Evidence you will need

• Certified copies of the probate docket and all court-filed documents.
• Original will (if you have it) or copies and any proof of its authenticity.
• Correspondence with the executor or their lawyer about filings.
• Bank statements, property records, receipts, tax returns, or other evidence of assets or transactions the executor should have reported.
• Affidavits from witnesses, if relevant.

Timing and deadlines

Act promptly. Some objections and petitions have strict windows and the court will be less sympathetic if you delay. Even if you miss some short windows, courts often retain equitable authority under Title 3B to correct or reopen administration for good cause. For authoritative statutory guidance on estate administration and limits, consult New Jersey’s decedents’ estate statutes (Title 3B): https://www.njleg.state.nj.us/.

Practical tips when dealing with the Surrogate’s Office

• Call or visit the county Surrogate’s Office and ask for the estate’s docket number and instructions for requesting certified copies.
• Keep a dated record of every contact with the executor, the executor’s counsel, and the Surrogate’s Office.
• When you request corrections or file petitions, use certified mail or another method that gives you proof of delivery.

When to get a lawyer

If corrections are minor and the executor cooperates, you may be able to resolve the issue without an attorney. Hire a probate attorney if the executor resists, if accounting or removal actions may be necessary, or if complex assets, taxes, or creditor claims are involved. An attorney can prepare pleadings, represent you at hearings, and advise on deadlines and remedies under N.J. law.

Relevant New Jersey resources and statutes

• New Jersey Courts — Surrogate’s Offices (general info and links to county Surrogates): https://www.njcourts.gov/selfhelp/surrogates/index.html
• New Jersey Legislature — for statutory law governing decedents, estates and fiduciaries (Title 3B): https://www.njleg.state.nj.us/ (see Title 3B: Decedents, Estates and Fiduciaries)

Helpful Hints

• Start at the Surrogate’s Office—get the docket and certified filings first.
• Keep a written timeline of what you learn and when you contacted people.
• Be polite but firm when requesting corrections; many issues resolve quickly if the fiduciary cooperates.
• Collect objective proof (bank records, deeds, statements) before asking the court to intervene.
• If you face resistance, ask for a hearing—Surrogate courts typically schedule a hearing on petitions and objections.
• Consult a probate attorney early if you anticipate a contested dispute—procedural rules and remedies can be technical.

Final notes and disclaimer

This article explains general steps you can take under New Jersey probate practice to review and correct missing or incorrect filings. It is educational and informational only and not a substitute for legal advice. For guidance tailored to your specific situation, contact a licensed New Jersey probate attorney or the county Surrogate’s Office.