Detailed Answer — How the process works in New Jersey

In New Jersey, the Surrogate’s Court for the county where the decedent lived handles probate matters, including issuing letters of administration to an administrator when a person dies intestate (without a valid will) or when a will does not name an executor. If you are the sole heir, you have standing to ask the court to reconsider an appointment and to remove a current administrator. To do that you generally must persuade the court that removal is justified and that appointment of you as administrator is appropriate under New Jersey law.

Grounds for removing an administrator

Common legal grounds the Surrogate may consider include:

• Serious misconduct (misappropriation of estate funds, theft, fraud).
• Failure to qualify or to follow court orders (not filing an inventory, refusing to post required bond).
• Incapacity or unfitness (physical or mental inability to perform fiduciary duties).
• Conflict of interest or breach of fiduciary duty (self-dealing, failing to preserve estate assets).
• Failure to account when properly demanded.

Key steps you will typically follow

1. Request an accounting and records. Ask the administrator (in writing) for an inventory, bank statements, receipts, and an accounting of estate transactions. In New Jersey, fiduciaries must keep accurate accounts and allow interested parties to inspect them.
2. If you get no or an inadequate response, file a petition with the Surrogate’s Court. File a petition (often called a petition for revocation or for removal of letters of administration) in the county Surrogate’s Court asking the court to revoke the administrator’s letters and appoint you. The petition should state the facts supporting removal and list other interested persons. Serve the petition on the administrator and other interested parties.
3. Ask for temporary relief if assets are at risk. If you have evidence the administrator is about to squander or hide assets, you can ask the court for immediate temporary relief (for example, an order restraining transfers or an emergency hearing). Courts may remove an administrator on an emergency basis if harm to the estate is imminent.
4. Attend the hearing and present evidence. At the hearing you must prove grounds for removal: documentation (bank records, canceled checks, receipts), witness affidavits, communications, and any criminal complaints if theft occurred. The administrator will be able to respond.
5. If the court revokes letters, ask for appointment. If the Surrogate revokes the administrator’s letters, the court will appoint a successor administrator. As the sole heir and an eligible person, you can ask to be appointed. The court considers statutory priority, qualifications, and whether you can perform fiduciary duties (including posting bond if required).

Where to file and who to notify

File your petitions and related papers in the Surrogate’s Court of the county where the decedent resided. Each county has different forms and local rules, so contact the county Surrogate’s office or use the New Jersey Courts self-help probate resources for form information and procedural guidance: https://www.njcourts.gov/selfhelp/willsestate/. You must serve the petition on the current administrator and other heirs or interested persons per court rules.

Legal standards and burden of proof

The Surrogate evaluates whether the administrator breached duties or is unfit. The petitioner (you) typically bears the burden to show cause for removal by a preponderance of evidence. The court balances the estate’s best interests and protection of beneficiaries. Where criminal conduct exists, the court may act quickly and can coordinate with law enforcement.

Records, evidence, and helpful documents

Gather and organize these items before filing:

• Certified copy of the death certificate.
• Copy of letters of administration and any bond filed by the administrator.
• Communications with the administrator requesting accounts or records.
• Bank statements, canceled checks, receipts, appraisals, or other records showing asset transfers.
• Affidavits from witnesses (family members, bank employees, accountants) supporting your claims.

Statutes and court resources

New Jersey probate law appears in the statutes commonly referred to as Title 3B (Estates and Fiduciaries). For statutory language and legislative materials, consult the New Jersey Legislature site: https://www.njleg.state.nj.us/. For practical guides, local Surrogate office information, and forms, visit the New Jersey Courts probate and Surrogate pages: https://www.njcourts.gov/selfhelp/willsestate/ and https://www.njcourts.gov/courts/surrogates.html.

Possible outcomes and next steps

• The court may deny removal if the administrator’s actions do not meet the legal standard.
• The court may order an accounting and monitoring rather than removal (if missteps were minor).
• The court may revoke letters and appoint you (possibly subject to posting bond and providing notices to creditors).
• If criminal wrongdoing occurred, the court may refer the matter to law enforcement and freeze estate assets until the issue resolves.

When to hire a lawyer

Removal proceedings can be complex. Hire a New Jersey probate attorney if the estate contains significant assets, if the administrator resists providing records, if criminal theft is suspected, or if other heirs oppose you. An attorney will draft pleadings, present evidence at hearing, and advise about bonds, claims, and appeals.

Helpful Hints

• Start by requesting an accounting in writing; courts expect you to try resolving issues before formal petitions.
• Preserve evidence: make copies of bank statements, emails, text messages, and written requests to the administrator.
• Bring a clear timeline of transactions to the hearing — judges rely on organized evidence and chronology.
• Ask the Surrogate’s office which local forms you must use; filing requirements vary by county.
• If you fear the administrator will hide or move assets, seek an emergency court order immediately.
• Be ready to post bond if the court requires it for appointment; bond protects creditors and beneficiaries against mismanagement.
• If the administrator has stolen assets, also consider a criminal complaint — civil removal and criminal prosecution can proceed in parallel.
• Keep communications professional and factual; affidavits and witness statements carry more weight than accusations without proof.