Appealing the Removal of a Personal Representative in New Jersey Probate Court
Detailed Answer
In New Jersey, the Surrogate’s Court oversees probate matters, including appointing and removing personal representatives (PRs). A PR can be removed for cause—such as misconduct, neglect of duties, conflicts of interest, or failure to account. See N.J.S. 3B:11-10 (removal of fiduciary).
If the court removes you as a PR, you have the right to appeal the decision to the Appellate Division of the Superior Court. You must file a Notice of Appeal in the Surrogate’s Court Clerk’s Office within 45 days of the entry of the removal order. This deadline is set by Rule 4:84-1 of the New Jersey Court Rules. The appeal record includes the probate file, transcripts (if any), and other supporting documents.
The Appellate Division reviews the surrogate’s decision for legal error, abuse of discretion, or lack of sufficient evidence. It does not conduct a new trial. If the court finds that the removal lacked proper grounds or that procedural errors occurred, it may reverse or modify the order. If you wish to remain in office during the appeal, you should request a stay of the removal in your Notice of Appeal and apply to the Appellate Division for relief.
Helpful Hints
- Track the 45-day appeal deadline from the date the surrogate signs the removal order.
- Order transcripts promptly if the removal hearing included witness testimony.
- Include a stay request in your Notice of Appeal to pause removal pending review.
- Review the New Jersey Court Rules for formatting and filing requirements: see Rule 4:84-1.
- Consult an attorney experienced in New Jersey probate appeals to guide the process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.