Detailed Answer
In New Jersey, serving probate court orders requires following the New Jersey Court Rules and statutes. Interested parties include heirs, beneficiaries and known creditors. You must serve a copy of any order to show cause or other court order promptly after filing your petition with the surrogate’s court.
Service Under Rule 5:3-10
Rule 5:3-10 of the New Jersey Court Rules requires you to serve all interested parties within 10 days of the surrogate entering the order. Serve parties who have attorneys through their counsel. For other parties, you may use certified mail with return receipt requested. (See R. 5:3-10).
Personal Service
For parties with known addresses, personal service by a process server or any adult not involved in the case ensures timely delivery. Provide at least 14 days’ notice before the scheduled hearing.
Service by Mail
If personal service is impractical, serve by certified mail with return receipt requested. Mail to each party’s last known address and attach the postal receipt to your proof of service.
Service by Publication
If you cannot locate an interested party after diligent efforts, apply for service by publication under N.J.S. 3B:4-11. File an affidavit of due diligence and an order for publication. Publish in a newspaper designated by the county surrogate. (See N.J.S. 3B:4-11).
Proof of Service
After serving all parties, file a proof of service with the surrogate’s court. Include dates, methods used and any returned receipts. The court will not act on your petition until proof of service is on file.
Timeline and Deadlines
- File your petition and proposed order with the surrogate.
- Serve all interested parties within 10 days of the order entry.
- File proof of service at least 7 days before any scheduled hearing.
Helpful Hints
- Compile a complete list of potential interested parties before filing.
- Verify addresses using public records or online directories.
- Retain copies of all service receipts and certifications.
- Follow up promptly on any undelivered certified mail.
- Consult your county surrogate’s guidelines for publication notices.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney in New Jersey to address your specific situation.