Detailed answer — what to do right away

If someone in your family is contesting an estate, move promptly and deliberately. New Jersey’s probate (surrogate) process governs how wills are admitted to probate and how estates are administered. Acting quickly preserves legal rights, evidence, and financial assets. Below are clear steps to protect your inheritance under New Jersey law and practical explanations of why each step matters.

1. Confirm whether the estate is in probate and who is the personal representative (executor).

If a will exists, the executor (often called personal representative) should file the will with the county Surrogate’s Court. If probate has already begun, contact the Surrogate’s Office in the county where the decedent lived to get the docket number and copies of filings. If probate has not begun and you hold the original will, the holder should file it promptly with the Surrogate to start the formal process.

Why: Filing starts the legal process and creates deadlines and official records the court will use to resolve contests and administer the estate.

2. Preserve documents and financial records.

Gather the original will and codicils, beneficiary designations (life insurance, retirement accounts), deeds, account statements, contracts, correspondence that may show the decedent’s intent, medical records if undue influence or capacity will be contested, and any documents showing transfers made before death. Take photos and make copies — preserve originals.

Why: A will contest often turns on evidence of the decedent’s capacity, intent, or whether someone unduly influenced them. Documentation strengthens your position.

3. Communicate through counsel and avoid informal agreements unless approved by counsel or the court.

If another family member is contesting the estate, do not negotiate major asset transfers or sign away rights without legal advice. Direct communications can be used in court later. Ask the executor to obtain counsel and direct other interested persons to do the same.

Why: Statements, admissions, or informal settlements can be accepted as evidence; a lawyer helps protect legal rights and ensures any settlement is enforceable.

4. Ask the Surrogate’s Court for interim protections if assets are at risk.

The court can act quickly to preserve estate assets. Typical requests include temporary restraining orders to stop transfers out of the estate, ordering the executor to place assets in a safe account, requiring a bond from the executor, or an emergency hearing if someone is dissipating estate property.

Why: Preventing asset depletion preserves value and ensures correct distribution if the will is upheld.

5. Understand the typical grounds for a will contest and prepare to respond.

Common grounds raised in New Jersey include lack of testamentary capacity, undue influence, improper execution, forgery, or mistake. The contestant bears the burden of proof for these claims. If you expect a challenge, prepare factual and documentary evidence showing the decedent’s capacity, the presence of independent witnesses, or the circumstances under which the will was executed.

Why: Knowing the legal basis of a contest directs your evidence collection and legal strategy.

6. Consider alternative dispute resolution (ADR) when appropriate.

Mediation or a negotiated settlement can resolve contests faster and cheaper than litigation. Estate disputes often benefit from mediation to preserve family relationships and reduce legal costs, but only if a settlement is voluntary and protects your legal rights.

Why: Courts can be slow and expensive; a court-approved settlement can be final and binding if properly documented.

7. Use an attorney experienced in New Jersey probate and contested estates.

A New Jersey probate attorney can analyze the will contest, advise whether to defend vigorously or negotiate, prepare petitions and responses for the Surrogate’s Court, and represent you at hearings. If you are the executor, counsel can help comply with fiduciary duties and reporting requirements.

Why: Probate practice is governed by state statutes and local Surrogate procedures. Local counsel knows deadlines, evidentiary standards, and common defenses in New Jersey courts.

8. Know basic procedural places to look: Surrogate’s Court and New Jersey courts’ resources

For county-specific procedures and forms, consult your county Surrogate’s Office (the Surrogate handles probate matters in New Jersey). New Jersey courts maintain public resources about wills, probate, and estates which can help you understand steps and timelines:

• New Jersey Courts (official site) — general probate and surrogate information
• New Jersey Legislature (statutes) — statutes governing estates and trusts (search Title 3B for Estates and Trusts)

How the law typically affects contested estates in New Jersey

New Jersey law requires that wills be executed with certain formalities and that fiduciaries (executors/personal representatives) carry out duties in good faith. If a will is contested, the Surrogate’s Court reviews the evidence and facts to decide whether the challenged will should be admitted to probate. The court may require accounting, impose bonds, remove an executor who breaches duties, or invalidate a will if proof shows it is invalid.

Some statutory and court-based concepts frequently relevant in contests include:

• Formal execution and attestation of wills — courts check whether the will was properly signed and witnessed.
• Testamentary capacity — did the decedent understand the nature of their property and the effect of the will?
• Undue influence — did someone coerce the decedent to make an unnatural disposition?
• Fiduciary duties of executors — executors must act in the estate’s best interest and provide accountings to beneficiaries and the court.

For statutory language and detailed rules, consult the New Jersey statutes on estates and trusts and county Surrogate guidance. The New Jersey Courts site offers useful starting information: https://www.njcourts.gov/.

Helpful hints

• Act fast: File documents and requests with the Surrogate’s Office promptly to preserve rights and create an official record.
• Keep originals safe: Store original wills, codicils, and key documents in a secure place and let your attorney know where they are.
• Document everything: Write down conversations, dates, and who was present for important events. Contested cases hinge on details.
• Request accountings: If you suspect mismanagement, ask the executor for a formal accounting through the Surrogate’s Court.
• Avoid unilateral asset transfers: Do not move, spend, or transfer contested estate assets without court approval.
• Consider mediation: If relationships matter and a fair settlement is possible, mediation can save time and cost.
• Get local counsel: Procedures and practices vary by county; a New Jersey probate attorney familiar with your county Surrogate is valuable.
• Know reasonable fees: Executors are entitled to statutory or court-approved fees; unusual disbursements should be questioned.
• Protect digital evidence: Save emails, social media posts, text messages, and electronic documents that may illuminate the decedent’s intent or capacity.
• Ask about bonds: If you worry about an executor’s stewardship, ask the court to require a bond to protect the estate.