Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under New Jersey law, a personal representative (executor or administrator) must prepare and file periodic accountings of estate administration with the Surrogate’s Court. These accountings track all receipts, disbursements, distributions, and fees. Key statutes include N.J.S.A. 3B:19-6 (initial account) and N.J.S.A. 3B:19-7 (annual and final accounts). You can review the text of the initial accounting requirement here: N.J.S.A. 3B:19-6, and the annual accounting requirement here: N.J.S.A. 3B:19-7.
When a personal representative files an account with the Surrogate’s Court, the court docket becomes public record. Any “interested person”—such as an heir, beneficiary, or creditor—has the right to inspect that record. Additionally, the court may order the fiduciary to furnish a certified copy of the account on request. If the fiduciary refuses, you may file a motion under Rule 4:97 of the New Jersey Court Rules to compel production.
In practice, you should submit a written request to the personal representative or their attorney. Include your name, relationship to the decedent, and the case docket number. The representative often provides a copy at no cost or for a nominal fee. If you still don’t receive it, you can file a formal application with the Surrogate’s Court to enforce your right to a copy.
Helpful Hints
- Identify yourself clearly as an “interested person” (heir, beneficiary, or creditor).
- Obtain the estate’s Surrogate’s Court docket number from the court clerk.
- Send a written, dated request to the personal representative and keep a copy.
- Be aware that the personal representative may charge a copying fee under court rule.
- If refused, consult the Surrogate’s Court Rules (R. 4:97) to file a motion to compel production.
- Consider retaining an attorney if the personal representative fails to comply.