If probate paperwork lists the wrong family members (for example, the wrong siblings), you can get the record corrected. In New Jersey the Surrogate’s Court that handled the estate has authority to correct clerical mistakes, amend inventories, and resolve disagreements about heirs. The basic path is: identify the error, gather proof, notify interested parties, and ask the Surrogate’s Court to correct the record. Below are step‑by‑step actions and what to expect.

1. Confirm the error and collect supporting documents

Start by comparing the probate file (letters testamentary, letters of administration, inventories, and the filed will) against reliable primary records. Useful documents include:

• Certified birth certificates
• Marriage certificates and name‑change records
• Death certificates (if a named person is deceased)
• The original or a certified copy of the decedent’s will
• Affidavits from relatives or a family tree that shows relationships

2. Talk to the Surrogate’s office that handled the estate

Each county in New Jersey has a Surrogate who manages probate records. Contact that Surrogate’s office and explain the mistake: sometimes the office can accept an affidavit and correct obvious clerical errors without a formal court hearing. If the error affects who inherits, the office will advise you on the necessary petition or forms. New Jersey Courts’ Surrogates information: https://www.njcourts.gov/.

3. File the appropriate paper with the Surrogate’s Court

What you file depends on the type of error:

• Clerical mistakes or typos: Ask the Surrogate for the local form or procedure for a correction or an amended filing. Some clerks accept an affidavit or corrected document for entry into the file.
• Wrongly listed heirs or disputed heirship: You will generally need to file a formal petition or application asking the Surrogate to determine heirs or to correct the record. That petition should explain the mistake, list who should be shown as heirs, and include supporting evidence.
• Incorrect inventory or asset listing: The administrator or executor can file an amended inventory or an affidavit explaining the correction.

The Surrogate may require notice to all interested parties (beneficiaries, executors, administrators). Expect the court to set a return date or hearing if people contest the change.

4. Notify interested parties

Due process requires notice. The Surrogate will usually require that you serve notice of the petition or proposed correction on named beneficiaries, the personal representative, and any other party with a stake in the estate. Keep proof of service (certified mail receipts or return of service affidavits).

5. Attend any hearing and be ready to prove the correction

If the Surrogate schedules a hearing, arrive with originals and certified copies of documents, and prepared witnesses or affidavits. The Surrogate will weigh the documentary evidence and possibly testimony before issuing an order to correct the probate record.

6. If someone contests the correction

If an interested party files an objection, the case can become contested. The Surrogate’s Court can resolve contested heirship or construction issues, but contested matters sometimes move to the Superior Court (Chancery Division) if they involve complicated questions or larger disputes. In contested matters, consider hiring an attorney experienced in New Jersey probate litigation.

Practical timing and costs

There is no single uniform timeline. Simple clerical corrections often take a few weeks after filing. Contested corrections that require hearings or litigation take longer and have additional filing fees, possible publication or service costs, and attorney fees. Contact the county Surrogate’s office for local filing fee information.

Where to learn the local procedures

New Jersey Surrogate’s offices publish local procedures and forms differently from county to county. Start with the New Jersey Courts site for Surrogate information and then check the specific county Surrogate’s page for local forms and instructions: https://www.njcourts.gov/. For statutory law governing administration of estates you can browse New Jersey statutes at the Legislature site: https://www.njleg.state.nj.us/.

When you should get an attorney

Consider retaining a probate attorney in these situations:

• The incorrect listing affects distribution of estate assets or title to property.
• Someone opposes the correction or threatens litigation.
• The case involves complex family relationships, adoptions, or out‑of‑state heirs.
• Significant estate assets or creditor issues are at stake.

An attorney can draft the petition, handle service and proof, prepare witnesses, and represent you at hearings.

Example (hypothetical)

Suppose a decedent’s filed probate inventory lists Jane Doe and John Doe as siblings, but Jane Doe was adopted out and the decedent’s biological sister is actually Mary Smith. You would gather Mary’s birth certificate, the decedent’s birth certificate, any adoption or name‑change records, and affidavits showing the family relationship. Then you’d contact the county Surrogate, file a petition to correct the list of heirs, serve the named beneficiaries and the executor, and appear at any hearing. If no one objects, the Surrogate enters an order correcting the record and the distribution follows the corrected list.

Disclaimer: This article provides general information about New Jersey probate procedures. It is not legal advice. For guidance about a specific case, consult a licensed New Jersey attorney or the county Surrogate’s office.

Helpful Hints

• Act quickly: corrections are easier when the estate remains open. Delays can complicate notices and distributions.
• Keep originals safe: courts prefer certified records (birth, death, marriage certificates) and original wills when available.
• Document communications: save emails, certified mail receipts, and court filings to prove you followed required notice steps.
• Ask the Surrogate for local forms: many counties have simple affidavit or petition templates that speed processing.
• If you are the executor/administrator, make the correction part of the estate’s official accounting so distributions match the corrected record.
• If an heir has changed legal name, provide supporting documentation (name‑change order, marriage certificate) to avoid confusion.
• When in doubt about contested issues or complex family relationships, consult a probate attorney early to avoid costly delays.