Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Understanding the Probate Hearing Process in New Jersey
In New Jersey, the Surrogate’s Court oversees probate proceedings, including setting hearings for petitions to admit wills to probate or obtain letters of administration. Typically, after you file a petition with the county surrogate, the clerk’s office schedules a hearing date. If no hearing is set, you must take proactive steps to request one.
Step 1. Verify Your Petition Filing
Before requesting a hearing, confirm that the court has received your:
- Original will (if probating a will)
- Petition to Probate a Will or to Grant Letters of Administration (see N.J.S.A. 3B:3-13)
- Filing fee and proof of service
You can check the status by contacting the surrogate’s clerk or by using the court’s online portal, if available.
Step 2. Prepare a Motion to Set Hearing
If no hearing date is scheduled within a reasonable time (usually 4–6 weeks), file a formal Motion to Set Hearing. Your motion package should include:
- Notice of Motion: State the relief requested (a hearing date) and cite New Jersey Court Rule 1:6-2 regarding motions and notices.
- Certification: A sworn statement outlining when you filed the petition, proof of service on interested parties, and your request for a hearing date.
- Proposed Order: An Order granting your motion and directing the clerk to schedule a hearing date.
Forms and detailed guidance are available on the Surrogate’s Court website: njcourts.gov – Surrogates: Forms.
Step 3. Serve Interested Parties
Serve a copy of the Notice of Motion, Certification, and Proposed Order on all interested parties in accordance with Court Rule 4:4-4. Typically this includes:
- Named beneficiaries
- Heirs at law
- Any nominated executors or administrators
Proof of service must be filed with the court before your motion is considered.
Step 4. File and Submit to the Surrogate’s Court
File the original motion papers with the surrogate’s clerk and pay any required clerk’s fees. The clerk will then schedule the motion return date. At that hearing, the court may issue an order fixing the probate hearing date.
Step 5. Attend the Hearing
On the motion return date, present your request orally. Once the court issues an order setting the probate hearing, you must notify all parties of the new date and file proof of notice with the clerk.
Relevant Statutes and Rules
- N.J.S.A. 3B:3-13 – Petition to admit wills to probate
- New Jersey Court Rules – See Rule 1:6-2 (motions) and Rule 4:4-4 (service of process)
Helpful Hints
- Always confirm receipt of your petition with the clerk’s office.
- Keep detailed records of service on all parties.
- Check local surrogate procedures for any county-specific requirements.
- Consider emailing the clerk for confirmation of your motion’s scheduling.
- Arrive early on motion day to verify courtroom assignments.