Detailed Answer
When a minor stands to inherit or has an interest in a decedent’s estate in New Jersey, the Surrogate’s Court must appoint a guardian to manage those assets until the minor reaches age 18. This process safeguards the minor’s inheritance under N.J.S.A. 3B:8-31 et seq.
1. Petition for Appointment of a Guardian of the Estate
An interested party—often a parent or executor—files a verified petition with the county Surrogate’s Court. The petition must include:
- The minor’s full name, birth date, and address.
- A description of the minor’s interest in the estate (e.g., percentage share, cash bequest, real property).
- The nominee’s name, relationship to the minor, and willingness to serve.
- Supporting documents such as the decedent’s death certificate, will, and letters testamentary or administration.
Under N.J.S.A. 3B:8-31, the court schedules a hearing and provides notice to interested parties at least 14 days in advance.
2. Bond and Letters of Guardianship
Before issuing letters of guardianship, the court typically requires a surety bond under N.J.S.A. 3B:8-32. The bond amount generally equals the estimated value of the minor’s share. After the bond is approved, the Surrogate issues Letters of Guardian of the Estate, empowering the guardian to collect, invest, and manage the assets.
3. Accounting and Discharge
The guardian must file annual accountings per N.J.S.A. 3B:8-40, demonstrating prudent management. Upon the minor’s 18th birthday (or an earlier court order), the guardian files a final account and petitions for discharge of guardianship duties.
Appointment of a Guardian Ad Litem in Estate Litigation
If estate administration triggers litigation—such as a will contest—the court may appoint a guardian ad litem (GAL) to represent the minor’s interests. Under NJ Court Rule 4:86-4, any party can request a GAL by filing a motion in the Civil Part of Superior Court. The judge then issues an order naming the GAL, who must file a written report and protect the minor’s share throughout the proceedings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified New Jersey attorney for guidance tailored to your situation.
Helpful Hints
- Start the guardianship process early to avoid delays in distributing the minor’s inheritance.
- Verify that the proposed guardian is a New Jersey resident, at least 18 years old, and free of conflicts of interest.
- Keep detailed financial records to simplify annual account filings.
- Provide timely notice to all interested parties to reduce the chance of contested hearings.
- Consider a professional fiduciary if no suitable family member is available.