Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Probate in New Jersey begins when a personal representative files a probate petition in the Surrogate’s Court of the county where the decedent lived. You must file the original will (if one exists), a certified death certificate, and a completed probate petition.
1. Prepare and File the Probate Petition
Complete the official probate petition form available on the county Surrogate’s Court website. Attach the original will, if applicable, and a certified death certificate. File these documents with the Surrogate’s Court clerk and pay the required filing fee. The court has jurisdiction under N.J. Stat. § 3B:16-1.
2. Serve Notice to Interested Parties
After filing, serve a citation and notice of probate on all named beneficiaries and heirs at law. This step ensures that interested parties can appear in court or object to probate.
3. Publish the Creditor Notice
New Jersey law requires you to publish a notice to creditors in a newspaper circulating in the county. This notice alerts unknown creditors of the estate’s administration. Publication must run once a week for three consecutive weeks under N.J. Stat. § 3B:17-6.
4. Mail Direct Notice to Known Creditors
Within 30 days of appointment, mail direct written notice to known or reasonably ascertainable creditors. Use certified mail and keep proof of mailing to comply with New Jersey Court Rules.
5. Obtain Letters of Administration or Probate
Once the notice period expires without valid creditor claims or after you resolve claims, return to court for final letters. The court issues “Letters Testamentary” if there is a will, or “Letters of Administration” if not. These letters authorize the personal representative to manage and distribute estate assets.
Helpful Hints
- Check the county Surrogate’s Court website for local filing fees and forms.
- Keep copies of all filed documents and notices for your records.
- Use certified mail with return receipt for direct creditor notices.
- Track publication dates and maintain newspaper affidavits.
- Consider consulting an estate attorney if the estate is complex or if creditors dispute claims.