Detailed Answer

When a creditor files a claim after a court-ordered or published 90-day notice period in New Jersey, the late claim is not automatically accepted. New Jersey law gives the personal representative (executor or administrator) and the Surrogate’s Court discrete powers to approve, reject, or allow late claims under limited circumstances. The usual result is that the estate will initially treat the claim as barred, but a creditor may ask the court to allow the late filing if it can show a valid reason.

How the 90-day notice works (basic mechanics)

In New Jersey probate practice, executors and administrators must notify potential creditors that they should present claims within the time frame set by the Surrogate’s Court or by statute. That published or mailed notice commonly gives creditors 90 days from the date of notice to present their claims. If a claim is not presented within that period, the estate will typically consider it untimely and may refuse payment.

What happens immediately after a late claim is filed?

• The personal representative will normally object to the claim as untimely and refuse to pay from estate assets.
• The creditor can then file a petition or motion in the Surrogate’s Court asking the court to allow the late claim.
• The Surrogate’s Court will review the late claim and any objections. The Court will consider factors such as notice, prejudice to the estate, whether the estate was fully administered and closed, and whether the late claim was filed with reasonable excuse (excusable neglect).

Grounds the court considers to allow a late claim

New Jersey courts have discretion to allow late claims in limited circumstances. Typical reasons that might persuade a court include:

• The creditor never received proper notice of administration.
• The creditor had a reasonable excuse (for example, serious illness, military service, or other excusable neglect) and filed as soon as practicable after the excuse ended.
• The estate still holds assets available to pay the claim and reopening the estate or withholding distribution will not unfairly harm beneficiaries.
• There was fraud or mistake that prevented timely filing.

If the court finds good cause, it can allow the claim despite the 90-day lapse. If the court finds no good cause, it will bar the claim, and the creditor will be unable to collect from the estate’s assets distributed to heirs or beneficiaries.

Practical outcomes and consequences

• If the late claim is allowed: the creditor may be paid according to the estate’s priorities (administration costs, funeral expenses, secured claims, then unsecured claims). Allowance does not guarantee full payment if the estate lacks funds.
• If the late claim is denied: the creditor loses the right to recover from estate assets distributed to heirs. In some limited situations, the creditor may have a separate personal action against parties who personally guaranteed a debt or against someone who caused the debt, but the usual remedy against the estate is lost.
• If the estate has not yet been fully administered or closed, courts are more likely to allow a late claim than where distributions are complete and beneficiaries have relied on the estate closing.

What each side should do next

For the creditor who filed late:

• File a petition in the Surrogate’s Court promptly asking allowance of the late claim. Explain why the claim was late and provide supporting evidence (proof of lack of notice, medical records, correspondence, proof of mailing, etc.).
• Argue that allowance will not prejudice beneficiaries or, if it will, propose a reasonable way to minimize prejudice.

For the personal representative or beneficiaries:

• File a written objection to the late claim with the Surrogate’s Court. Attach documentation of the published or mailed notice, proof of distributions already made, and any evidence showing prejudice from reopening administration.
• Consider settlement if the claim appears valid and allowing it would be less costly than litigation.

Where cases are decided

Surrogate’s Courts handle estate claims and late-claim petitions in New Jersey. For information about how a local Surrogate’s Court handles claims and petitions, see the New Jersey Courts Surrogate pages: https://www.njcourts.gov/courts/surrogates.html. For New Jersey statutes and rules governing estates and probate procedure, consult the New Jersey Legislature statutes page: https://www.njleg.state.nj.us/.

When different deadlines may apply

Not every “90‑day” deadline is the same. Two common situations use similar language but have different consequences:

• Bankruptcy claims: Bankruptcy has strict “bar dates” set by the bankruptcy court. Late filing of a proof of claim is often barred except in very limited circumstances. Bankruptcy deadlines are federal and differ from Surrogate’s Court deadlines.
• Administrative or contractual notice periods: Some contracts or statutes use 90‑day notice periods for acceleration, repossession, or insurance claims. Those deadlines are controlled by the relevant contract or statute and may have different remedies than probate claims.

Hypothetical example

Suppose an estate publishes notice to creditors on January 1 giving a 90‑day deadline. A creditor with a debt due hears nothing and does not file a claim. On May 15—well past 90 days—the creditor files. The executor objects as untimely and asks the Surrogate’s Court to bar it. The creditor shows it never received notice because the creditor’s correct address was on file with the decedent’s bank but the executor used an outdated address; the creditor files immediately after learning of the death. The Court may find the creditor lacked notice, excuse the late filing, and allow the claim. Conversely, if the creditor received notice but simply forgot, the court may refuse to allow the late claim.

Disclaimer

This article explains general principles of New Jersey probate practice and is not legal advice. Use it to understand the issues and options. For advice about a specific situation, consult a New Jersey attorney or contact the local Surrogate’s Court.

Helpful Hints

• If you are an executor, keep clear records of all notices (publication affidavits, certified mail receipts, and lists of creditors). That documentation helps when objections arise.
• If you are a creditor who missed a deadline, act quickly: file your petition with the Surrogate’s Court and collect evidence showing why you were late and whether you suffered prejudice.
• Ask whether the estate has been fully distributed. Courts are less likely to allow late claims after final distribution.
• Consider settlement if the estate has limited assets—litigation can be costly and may produce less recovery than negotiation.
• Different deadlines govern bankruptcy and contractual claims—confirm which deadline applies to your situation.
• Find your county Surrogate’s Court contact information at the New Jersey Courts site: https://www.njcourts.gov/courts/surrogates.html.