Disclaimer: This article does not provide legal advice; it is for informational purposes only.
Detailed Answer
As a beneficiary under New Jersey estate law, you have rights to ensure you receive your inheritance share. Below are steps to compel the estate administrator to distribute your share.
1. Review the Will and Letters of Administration
Obtain certified copies of the will and letters of administration from the Surrogate’s Court. The will establishes each beneficiary’s inheritance. The letters confirm who the administrator is and the scope of their authority.
2. Request a Formal Accounting
Under N.J.S.A. 3B:22-13 (link), beneficiaries may demand a full accounting of estate assets, debts, expenses and distributions. If the administrator refuses, file a motion for accounting in the Surrogate’s Court.
3. Example Hypothetical
For example, if Jane Doe’s will leaves her son $15,000 and the administrator delays distribution, the son can demand an accounting and petition the court to enforce payment of his share.
4. Petition for Removal or Surcharge
If you suspect mismanagement or misconduct, you can petition under N.J.S.A. 3B:22-17 (link) to remove the administrator or under N.J.S.A. 3B:22-19 (link) to surcharge them for losses to the estate.
5. File a Petition for Final Distribution
After debts and taxes are paid, file a petition for final distribution. N.J.S.A. 3B:22-12 outlines the process. The court will issue an order directing the administrator to distribute funds to beneficiaries per the will.
6. Seek Contempt Proceedings
If the administrator ignores court orders, ask the Surrogate’s Court to hold them in contempt. The court can impose sanctions that encourage compliance.
7. Consult a Probate Attorney
Probate rules and deadlines can be complex. Consider consulting a New Jersey probate attorney to protect your rights and navigate court filings.
Helpful Hints
- Keep records of all correspondence and document requests.
- Note key deadlines, such as 90 days to demand an accounting.
- Review the Surrogate Court rules at NJ Courts.
- Consider mediation if disputes arise before filing formal motions.
- Maintain a professional tone in communications with the administrator.