Surviving Spouse Allowance and Missing Marriage Certificate in New Jersey
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In New Jersey, a surviving spouse can claim a family allowance from the decedent’s estate under N.J.S.A. 3B:19-1. This allowance—currently up to $18,000—provides short-term support before the estate is fully administered. To qualify, the spouse must prove the existence of a valid marriage at the time of death.
If the official marriage certificate is incomplete or missing, the Surrogate’s Court will not automatically deny your claim. Instead, New Jersey law allows you to submit alternative evidence to establish the marital relationship. Common forms of acceptable proof include:
- Affidavits from relatives, clergy or friends who witnessed the marriage;
- Church, synagogue, or temple records showing the ceremony;
- Joint federal or state income tax returns;
- Health insurance or pension documents listing you as spouse;
- Military discharge papers (DD-214) naming you as spouse.
Under N.J.S.A. 3B:19-1 (link to statute), the court has broad authority to accept “other competent evidence” when a certified certificate is unavailable. You must file a petition with the county Surrogate’s Court, attach your alternative evidence, and explain why the official document cannot be produced (for example, courthouse fire, clerical error or loss).
Once the court is satisfied that you were legally married, it will issue an order granting the family allowance. This order takes priority over most creditor claims, ensuring you receive funds for living expenses during estate administration.
Helpful Hints
- Gather multiple forms of secondary proof rather than relying on a single document.
- If you spot errors on your certificate (names or dates), obtain a corrected certificate through the issuing clerk before filing.
- Submit a sworn affidavit explaining why the original document is missing or incomplete.
- Review New Jersey court rules on petitioning for family allowances in the Surrogate’s Handbook.
- Keep copies of all paperwork filed with the Surrogate’s Court for your records.
- Consider consulting an estate or probate attorney if the estate is complex or contested.
By preparing thorough alternative evidence and following Surrogate’s Court procedures, you can protect your right to an allowance even when the marriage certificate is not available.