What to do if you didn’t get notice of a final accounting in a New Jersey probate (surrogate) case

Short answer: Act quickly. If you were an interested person but received no notice of the final accounting in your parent’s estate, you can ask the Surrogate’s Court to reopen or set aside the accounting, file exceptions (an objection) to the accounting, and pursue remedies for any fiduciary breaches. The Surrogate’s Court governs probate and estate accountings in New Jersey; start by checking the county surrogate’s docket and then file a motion to intervene or to vacate the accounting for lack of notice and due process.

Detailed answer — How this works under New Jersey law

In New Jersey, the Surrogate’s Court administers wills, probate, and estate accountings. Interested persons (typically beneficiaries named in the will, heirs at law, or creditors with a valid claim) have a right to receive notice of key probate filings and to contest distributions or accountings. If you did not receive notice of the final accounting, your due process rights may have been violated.

Steps and legal concepts you should understand:

• Who is an “interested person”? Usually beneficiaries under the will and heirs at law (those who inherit if there is no will). If you are named in the will or would inherit under intestacy, you are an interested person and generally entitled to notice of filings that affect your rights.
• What is a final accounting? The fiduciary (executor/administrator) files an accounting that shows assets received, receipts, payments, distributions, fees, and the proposed final distribution. A final accounting ends fiduciary administration unless exceptions are timely filed and resolved.
• Notice requirements and the Surrogate’s role — The Surrogate’s Court maintains the probate file and issues procedures for accountings and objections. If you were not given required notice, you can seek relief from the Surrogate’s Court because you were denied the opportunity to be heard.
• Possible remedies — Ask the court to: (a) vacate or set aside the allowance of the accounting; (b) permit you to file exceptions/objections to the accounting; (c) order a supplemental accounting; (d) surcharge (financially hold) the fiduciary for breaches; and (e) reopen the estate if assets remain or were improperly distributed.

Practical route to challenge a final accounting

1. Confirm court filings and the party who handled the accounting. Go to the Surrogate’s Court in the county where your parent lived and review the probate docket and file. Many surrogate courts have public counters and some have online dockets. See the New Jersey Courts Surrogates page for county contact info: https://www.njcourts.gov/courts/surrogates.html.
2. Gather proof you did not receive notice. Keep copies of your address history, any returned mail, and any email or correspondence showing you were not contacted. Note dates you first learned of the accounting.
3. File a motion or petition to intervene and for relief from allowance of the accounting. Ask the Surrogate to permit you to file exceptions, to set aside allowance, and to schedule a hearing. Explain that you are an interested person and that you received no notice, depriving you of an opportunity to object. Include supporting affidavits.
4. Assert grounds: lack of notice, procedural defect, fraud, or breach of fiduciary duty. Common grounds include failure to serve required beneficiaries, inadequate disclosures (no inventory or account), excessive or unsupported fiduciary fees, unexplained distributions, payments to self or transfers to omitted heirs, or failure to file required notices to creditors.
5. Request discovery and accounting documents. If the court allows you to intervene, you can request the fiduciary’s books, bank statements, canceled checks, receipts, inventory, and prior accountings to identify problems.
6. Consider provisional relief. If assets were distributed to third parties or the fiduciary cannot account for funds, ask the court for temporary relief such as preservation of assets, turnover, or an order to refrain from further distribution until the dispute is resolved.
7. Use bonds and surety rights. If the fiduciary was bonded, you may have a claim against the fiduciary bond if the fiduciary breached duties and caused losses.

Timing and deadlines

Time is critical. Many probate procedures impose short periods for filing objections once proper notice is given. If you truly received no notice, courts will consider that fact, but you should act promptly after you learn of the accounting. Do not assume you can wait — file your motion as soon as possible so the court can address potential prejudice or missing notice.

Evidence and documents to collect

• Copy of the will (if any) and any codicils.
• Letter of administration or letters testamentary (shows who was appointed).
• All accountings filed by the fiduciary, including the final accounting.
• Notices published or mailed (if any) and proof of service.
• Bank statements, canceled checks, receipts, contracts, transfers, and communications about distributions.
• Correspondence between beneficiaries and the fiduciary.

What the Surrogate’s Court can and cannot do

The Surrogate can reopen probate matters, set aside accountings for cause, and order a supplemental accounting and surcharge the fiduciary for losses. The Surrogate cannot rewrite clear statutory inheritance rights without legal basis and factual support. The court will consider whether the lack of notice actually prejudiced you and whether distributions can be reversed without unfair harm to innocent third parties.

Where to find the law and procedures

New Jersey probate law is generally located in the statutes governing administration of estates (Title 3B) and in Surrogate’s Court practice. For general Surrogate’s Court information and county contacts, see the New Jersey Courts Surrogates page: https://www.njcourts.gov/courts/surrogates.html. For statutory guidance, consult the New Jersey Legislature website at https://www.njleg.state.nj.us/ (look under Title 3B, Administration of Estates and Fiduciaries).

When to get a lawyer

If significant assets have been distributed, if you believe the fiduciary committed fraud or removed assets, or if the case is complex (multiple beneficiaries, out-of-state assets, tax issues), consult an estate litigation attorney promptly. An attorney can file appropriate pleadings, request expedited hearings, serve subpoenas, and represent you if the matter becomes contested.

Helpful Hints

• Act quickly — file a motion with the surrogate as soon as you learn of the final accounting.
• Confirm your status: are you a beneficiary under the will or an heir at law? That determines your standing to object.
• Check the surrogate docket in the county where your parent lived; many filings and accountings are public records.
• Preserve evidence of lack of notice (mail, emails, phone logs) and your address at the relevant time.
• Request an immediate accounting and supporting bank records if you suspect missing or misapplied assets.
• Ask the court for provisional relief (freeze distributions, preserve assets) if assets may be dissipated.
• Consider mediation — some surrogate courts encourage settlement before a contested hearing.
• If the fiduciary had a bond, ask about a bond claim to recover losses while litigation proceeds.
• Document everything you learn and every step you take; timelines and proof matter in probate disputes.

Final note / Disclaimer: This article provides general information about New Jersey probate procedure and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation and to protect your rights and deadlines, consult a licensed New Jersey attorney experienced in estate litigation or contact the Surrogate’s Court in the county where your parent lived.