Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under New Jersey law, a probate court appoints an administrator of an intestate estate according to a strict order of priority. N.J.S.A. 3B:6-3 establishes that the surviving spouse has first right, followed by children, issue of deceased children, parents, siblings, and more distant heirs. If a higher-priority heir exists, a client must shift that heir’s position or demonstrate that the heir cannot serve.
- Obtain a renunciation or waiver. A higher-priority heir may sign a written renunciation under N.J.S.A. 3B:6-2 or a waiver of notice under Rule 4:74-3. Once filed with the court, the next person in line (your client) becomes eligible. See N.J.S.A. 3B:6-2 and N.J.S.A. 3B:6-3.
- Demonstrate disqualification. If the heir is under guardianship, a minor, or convicted of an indictable offense, the court may disqualify them per N.J.S.A. 3B:6-6(b). The client must present certified records or court orders showing incapacity or ineligibility.
- Allow the statutory application period to expire. The court issues notice to all potential heirs. If a higher-priority heir fails to apply within 30 days of notice, your client moves up the line. Maintain proof of service and affidavit of nonresponse under Rule 4:74-1.
- File a probate petition. Prepare a Verified Petition for Letters of Administration, attaching renunciations or proof of disqualification. Submit a consent to serve, bond (if required), and a Preliminary Inventory. Follow local vicinage requirements under R. 4:74.
- Seek judicial relief for extraordinary circumstances. In rare cases, the court may appoint a special administrator or grant your client preference if no qualified heir is available or to protect estate assets (N.J.S.A. 3B:19-1).
Helpful Hints
- Review the full priority list at N.J.S.A. 3B:6-3 before petitioning.
- Obtain written renunciations in the form prescribed by the court clerk’s office.
- Confirm that your client meets eligibility requirements: age 18 or older, U.S. citizen or lawful resident, and no felony convictions.
- Serve all interested parties promptly and file proof of service to avoid delays.
- Keep detailed records of communications and filings to show the court that your client acted in good faith.
- Consider consulting an estate attorney to draft petitions and ensure compliance with New Jersey Court Rules.