Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, consider consulting a qualified attorney.
Detailed Answer
In New Jersey probate, a personal representative generally must file a final accounting within 18 months after letters are issued, per N.J. Court Rule 4:90-1(a). If additional time is needed, the representative may apply to the court for an extension. Follow these steps:
- Check the deadline: Calculate the 18-month deadline from the date of your letters of administration or testamentary.
- Prepare a motion: File a Notice of Motion and a Certification in Support that explains why the extension is necessary (e.g., complex assets, pending tax issues).
- Include required exhibits: Attach a proposed schedule for the remaining accounting tasks and an interim report if you have filed partial accountings per Rule 4:90-2.
- Serve interested parties: Serve the motion documents on all heirs and beneficiaries at least 7 days before the return date, per N.J. Court Rule 4:69.
- File with the court: Submit the motion packet and pay any applicable fees to the Superior Court, Probate Division.
- Attend the hearing: Be prepared to explain the reasons for your request. The court grants extensions only for good cause shown and may set a new deadline.
Note: The court may require periodic interim accountings every 6 months if it grants an extension, so monitor ongoing reporting obligations.
Helpful Hints
- Consult the local probate clerk to confirm hearing procedures and deadlines.
- Keep detailed records of estate transactions to support your extension request.
- Consider filing interim accountings to demonstrate progress.
- File the motion well before the deadline to allow time for service and court scheduling.
- Review Rule 4:90 and the probate division’s local rules.