Detailed Answer
Under New Jersey law, a surviving spouse (or minor child) automatically qualifies for a years allowance out of the decedents personal property for support and maintenance. This right arises by operation of law and is set forth in N.J.S.A. 3B:6-3. The allowance is paid out of the decedents personal property after paying funeral expenses and estate administration costs.
The personal representative (executor or administrator) of the estate must file a complete inventory of all estate assets with the court, including real and personal property, under N.J.S.A. 3B:22-12. That official inventory lists every item of personal propertyfrom bank accounts and stocks to household goods and vehicles. When you seek the years allowance, you reference that inventory; you do not prepare a separate schedule of personal property just for the allowance.
In practical terms, heres how it works:
- The executor files a full estate inventory (N.J.S.A. 3B:22-12).
- The surviving spouse or guardian petitions the court for a years allowance under N.J.S.A. 3B:6-3, citing the filed inventory.
- No additional listing of personal property is required beyond what appears in the estate inventory.
If the executor fails to include certain personal property in the official inventory, you can ask the court to compel an amended inventory or raise an objection before the years allowance order issues. Always review the inventory carefully to ensure all items appear.
Key Statutes:
- N.J.S.A. 3B:6-3 (Years Allowance)
- N.J.S.A. 3B:22-12 (Estate Inventory Requirements)
Helpful Hints
- Review the estate inventory promptly: Check for missing personal property.
- File objections early: You must challenge an incomplete inventory before allowance distribution.
- Consult probate deadlines: Petition for a years allowance within six months of appointment of the personal representative.
- Keep records: Retain copies of the filed inventory and petition documents.
- Seek professional help: If the executor wont amend the inventory, consider consulting a probate attorney.
Disclaimer: This article provides general information on New Jersey probate procedures and does not constitute legal advice. Consult a qualified attorney about your specific situation.