Detailed Answer — Overview and step-by-step process

When someone dies with assets that must go through Surrogate’s Court (probate), the personal representative (called an executor if named in a will, or an administrator if appointed by the court) must notify potential creditors so they can make claims against the estate. The goal is to give creditors a fair opportunity to present valid debts before the estate is distributed to heirs or beneficiaries.

1. Who must file a notice?

The executor or administrator handles the notice. If you were appointed by the Surrogate’s Court, you are responsible for taking steps to notify creditors of the probate proceeding.

2. What form(s) of notice are used?

New Jersey practice typically uses two complementary methods:

• Publication: A public notice published in a newspaper in the county where the decedent lived or where the estate is being probated. Publication puts unknown creditors on notice.
• Direct notice: Mailing or delivering notice to known or reasonably ascertainable creditors (for example, banks, credit card companies, medical providers, and others who have already sent bills or whose contact information appears in the decedent’s records).

3. What must the notice say?

The notice should identify the decedent, state that letters (testamentary or of administration) have been issued or applied for, name the personal representative and the Surrogate’s Court handling the matter, and give clear instructions for how and where creditors must present claims. It should include any statutory deadline language required by New Jersey law (consult the Surrogate or governing rules for exact wording).

4. Where do you publish the notice and file proof?

Publish in a newspaper of general circulation in the county where probate is filed. After publication, obtain an affidavit or certificate of publication from the newspaper and file that proof with the Surrogate’s Court file. Also keep copies of mailed notices and proof of mailing for the court record.

5. How do creditors present claims?

Creditors submit written claims (often using the Surrogate’s claim form or a creditor’s statement) to the personal representative. Claims should include documentation (invoices, statements, contracts) showing the debt owed. The representative reviews the claim and decides whether to allow, partially allow, or reject it. If a claim is disputed or complex, it may require court action.

6. What happens after claims are filed?

The personal representative pays allowed debts from estate assets in the order of priority established by law, after which any remaining assets can be distributed to beneficiaries. If claims are rejected, creditors typically must take steps to pursue collection (for instance, by filing an action in Superior Court) within whatever time the law provides; otherwise their claim may be barred.

7. Timing and statutory rules

New Jersey law that governs estates and creditor claims is located in the New Jersey Revised Statutes, Title 3B (Estates and Fiduciaries). Because precise deadlines, required wording, and procedure details vary with the type of probate proceeding and the case facts, consult the Surrogate’s office and the statutes and forms available from the New Jersey courts for the exact timelines and language you must use:

• New Jersey Legislature — Title 3B (Estates and Fiduciaries): https://www.njleg.state.nj.us/
• New Jersey Courts — Surrogate’s Court information and forms: https://www.njcourts.gov/selfhelp/surrogates/

8. Example (hypothetical fact pattern)

Suppose Jane Doe dies leaving a house and some bank accounts. The Surrogate appoints her nephew as executor. The executor identifies several creditors (a credit card company and a medical provider). He publishes a notice in the county newspaper, mails direct notices to the known creditors, keeps proof of publication and mailing, and establishes a deadline for claim submission in line with the Surrogate’s guidance. Creditors submit claims. The executor reviews each claim, pays allowed claims from estate funds, and distributes remaining assets to beneficiaries only after resolving the estate’s claims and administrative expenses.

9. When to hire an attorney

If the estate has complicated claims, disputes, potential creditor litigation, tax issues, or if the executor is unsure how to comply with statutory deadlines and court rules, you should talk to a probate attorney. An attorney can prepare the required notices, handle contested claims, and make sure distributions comply with New Jersey law.

Helpful Hints

• Start early: identify creditors as soon as possible by reviewing mail, bills, bank statements, and the decedent’s records.
• Document everything: keep copies of published notices, affidavits of publication, mailed notices, proof of service, and any creditor communications.
• Use court forms: check the Surrogate’s office or New Jersey Courts website for local forms and sample notice language.
• Keep separate estate accounts: do not commingle estate funds with personal funds while administering claims and paying creditors.
• Don’t distribute assets too soon: waiting until creditor deadlines pass or until you have a plan for resolving claims helps protect the personal representative from personal liability.
• If a creditor sues, get legal help quickly: contested claims can lead to litigation where deadlines and procedure matter.
• Contact the county Surrogate’s office: Surrogates provide procedural guidance and often have local rules and forms specific to their county.