Short overview: If a sibling files for letters of administration (to be appointed administrator of an intestate estate) in New Jersey, an interested person may formally oppose that appointment in the Surrogate’s Court. You must act promptly, establish standing, state legal grounds, file the correct papers, and ask the court for a hearing or relief. Below is a step‑by‑step explanation of how to challenge the application under New Jersey law and practice.

1. Who may challenge an application (standing)

Only an “interested person” may object. That generally includes heirs, beneficiaries, creditors, and sometimes close relatives. If you are an heir (for example, another sibling or a surviving spouse or child), you almost always have standing to object to the appointment.

2. Check priority and paperwork

New Jersey follows a statutory priority for who may receive letters when there is no will. Before you file an objection, verify whether someone with higher priority exists (for example, a surviving spouse or a nearer kin). Confirm what the applicant actually filed: a petition for letters of administration, an affidavit, and any proposed bond. You can get copies of filings and the court docket from the county Surrogate’s Court clerk.

For background on probate procedures and statutes, consult the New Jersey Legislature and the state courts’ Surrogate information pages: New Jersey Statutes (N.J. Legislature) and New Jersey Courts — Surrogates.

3. Common legal grounds to oppose the appointment

• Someone with greater statutory priority exists and was not given notice.
• The applicant is legally disqualified (for example, not a resident where required, lacks legal capacity, or is under a criminal incapacity in narrow circumstances).
• The applicant engaged in fraud, misrepresentation, or concealment (e.g., falsified heirship facts, forged signatures).
• The applicant is unsuitable because of conflict of interest, self‑dealing, a history of financial mismanagement, or active litigation that would impair administration.
• Improper notice to interested parties, giving you a procedural basis to seek relief.

4. Practical filing steps — how to object

1. Obtain the court filings and review the petition. Visit the county Surrogate’s Court where the application was filed and obtain copies of the petition, affidavits, and the proposed order/letters.
2. Decide the form of your response. Typical options in New Jersey include filing:
   • a written objection or contest (a pleading explaining who you are, your interest, and the factual and legal reasons you oppose letters); or
   • a written demand for notice or a caveat (if you anticipate an application but want the court to withhold action until you are heard).
3. Prepare supporting evidence. Attach declarations/affidavits, documents, bank records, medical records, or other evidence that support your claim (for example, proof someone else is the higher‑priority heir or documents showing the applicant’s misconduct).
4. File your objection with the Surrogate’s Court clerk and ask for a hearing. The clerk will enter your document and set a schedule or hearing date. Serve copies on the applicant and other required interested persons per the Surrogate’s rules.
5. Seek interim relief if necessary. If letters have already issued and there is an immediate risk (e.g., the administrator is about to dissipate assets), you can ask the court to stay or suspend the letters or require a bond, or seek a temporary restraining order in the Superior Court in urgent situations.

5. Timing — act quickly

Probate matters move fast. If you want to prevent issuance of letters, file your caveat or objection promptly after you learn of the application. If you miss the early window and letters already issued, you can still move to revoke or set aside letters, but the court will weigh the administrator’s actions and any reliance by third parties.

6. The hearing and what to expect

The Surrogate will schedule a hearing where both sides may present evidence and witnesses. Be prepared to show:

• your legal interest (heirship or creditor status),
• the facts supporting your objection, and
• proposed alternative relief (for example, that you or another proper person be appointed, or that a bond be required).

The court may appoint a guardian ad litem or order an accounting if assets already came into the administrator’s hands.

7. Evidence and witnesses

Use sworn affidavits, certified records (birth certificates, death certificates, marriage certificates), bank statements, and witness testimony. Courts weigh both documentary proof and witness credibility when deciding whether to deny or revoke letters.

8. If letters already issued

You can petition the Surrogate to revoke or suspend letters for cause. Possible relief includes removal of the administrator, appointment of a special administrator, or requiring a bond and accounting. If the administrator has misappropriated assets, you may also have claims in Superior Court for conversion or breach of fiduciary duty.

9. Settlement and alternatives

Often parties negotiate: the applicant may agree to bond, supervised administration, or a turnover of certain assets. Mediation or settlement talks can preserve estate value and avoid lengthy litigation.

10. When to get an attorney

Consider hiring an attorney if the estate holds significant assets, the facts are disputed, the administrator already moved assets, or the opponent retained counsel. A lawyer experienced in New Jersey Surrogate’s Court practice can prepare pleadings, present evidence, and handle hearings and emergency motions.

Hypothetical example

Parent dies intestate. Sibling A files a petition for letters of administration. Sibling B (you) learns of the filing and believes a surviving spouse exists (higher priority) and that Sibling A concealed that fact. You obtain a copy of the petition, file a written objection and affidavits showing the existence of the spouse, ask for an immediate hearing, and request that the court withhold letters until the dispute is resolved. The Surrogate schedules a hearing; you serve the filings on Sibling A and the spouse; at the hearing, the court reviews the evidence and may refuse or revoke letters if the spouse’s priority is proven.

Where to find forms and rules

• New Jersey Surrogate Courts (local county pages and clerk contact): https://www.njcourts.gov/courts/surrogates.html
• New Jersey statutes and Title references (consult Title 3B — Estates and Fiduciaries): https://www.njleg.state.nj.us/
• NJ Courts Self‑Help resources (general probate guidance): https://www.njcourts.gov/selfhelp/

Disclaimer

This article is educational only and is not legal advice. It does not create an attorney‑client relationship. For guidance tailored to your situation, consult a licensed New Jersey attorney or contact the county Surrogate’s Court clerk for procedure and forms.

Helpful Hints

• Act fast. Probate filings often progress quickly; early objections have the best chance to prevent issuance of letters.
• Document everything. Keep copies of death certificates, communications, bank statements, and any documents showing heirship or misconduct.
• Confirm your standing before spending a lot on litigation. If you are not an heir or creditor, the Surrogate may dismiss your objection for lack of interest.
• Get certified copies from the Surrogate’s clerk. You need the filed petition and docket entries to prepare a formal objection.
• Consider asking for a bond or supervised administration if you do not seek removal but worry about asset safety.
• If assets are at immediate risk, request emergency relief (stay/suspension of letters or turnover) and be ready to show urgency with evidence.
• Communicate calmly with siblings. Many probate disputes settle if parties exchange information and expectations early.
• Consult counsel for complex disputes — probate contested hearings, fraud claims, removal motions, and accounting proceedings benefit from an attorney’s procedural and evidentiary experience.