Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When settling an estate in New Jersey, you may need key documents such as deeds, wills, trust agreements, bank statements or insurance policies. If an institution (bank, title company or insurer) refuses to provide them, you can use the following steps to compel production.
1. Formal Request as Personal Representative
After you obtain Letters Testamentary or Letters of Administration from the Surrogate’s Court, present a certified copy to the institution. Under N.J. Rev. Stat. §17:9A-33, banks and financial institutions must allow fiduciaries to inspect and copy account records upon proof of proper credentials.
2. Petition for Subpoena Duces Tecum
If the institution still refuses, file a petition with the Surrogate’s Court requesting a subpoena duces tecum under N.J. Ct. R. 4:66. The court can order the institution to produce the requested documents at a hearing.
3. Superior Court Discovery and Motion to Compel
In contested estates or related litigation in Superior Court, Chancery Division, you can serve a subpoena duces tecum under R. 4:18 (Discovery) or request document production through certification. If the party refuses, file a motion to compel production with the court.
4. Lost Will Statute
If an original will remains missing, you may seek admission of a copy or proof of contents under the “Lost Wills” statute, N.J. Rev. Stat. §3B:3-4. The court requires clear and convincing evidence the will existed and was not revoked.
Helpful Hints
- Document every request in writing and keep copies of all correspondence.
- Send certified letters with return receipts to create proof of delivery.
- Attempt informal settlement or mediation before resorting to court actions.
- Work with probate counsel to follow local Surrogate’s Court and Superior Court procedures.
- Verify statutory deadlines for estate administration and document production in New Jersey.