Detailed Answer
Under New Jersey law, a personal representative must provide notice to creditors after being appointed. If notice complies with statute, creditors have two years from the decedent’s date of death to present their claims. That two-year deadline (often called the “two-year rule”) hinges on proper notice under N.J.S.A. 3B:18-1 and 3B:18-2.
1. Understand the Statutory Requirements
- Publication Notice: N.J.S.A. 3B:18-1 requires the executor or administrator to publish a notice once a week for three consecutive weeks in a county newspaper. This invites unknown creditors to file claims within nine months of the first publication.
- Notice to Known Creditors: N.J.S.A. 3B:18-2 mandates sending written notice by mail to known or reasonably ascertainable creditors, giving them two years from the decedent’s death to file claims.
2. Locate the Original Estate File
Visit the Surrogate’s Court in the county where the estate was probated. Request the complete estate file (sometimes called the “case jacket”). You can obtain certified copies of all pleadings, including:
- Letters Testamentary or Letters of Administration.
- Proof of publication (affidavit from the newspaper).
- Affidavits or return receipts for mailed notices to known creditors.
3. Review the Proof of Publication
Within the file, find the Affidavit of Publication. It must include:
- Name of newspaper and county of publication.
- Dates of each publication.
- Signature of the newspaper’s authorized agent.
4. Verify Mailed Notices
Look for the Affidavit of Mailing or certified mail receipts. It should list:
- Names and addresses of all known creditors.
- Dates notices were mailed (within the statutory period).
5. Confirm Statutory Compliance
If publication and mailing comply with N.J.S.A. 3B:18-1 and 3B:18-2, then unknown creditors faced a nine-month bar date, and known creditors had two years from death to file. After those deadlines, any late claim is barred.
Key Statutes
- N.J.S.A. 3B:18-1 (Notice by publication to creditors)
- N.J.S.A. 3B:18-2 (Notice by mail to known creditors and the two-year rule)
Helpful Hints
- Obtain the Surrogate’s Court file early; copies may take time.
- Check both publication affidavits and mailing receipts for dates.
- Review the newspaper’s archives if the affidavit is missing details.
- Ask the court clerk for a docket sheet to confirm all filings.
- When in doubt, consult a probate attorney to interpret complex filings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.