Notice of Probate - New Jersey Probate and Estate Administration
Pursuant to Court Rule 4:80-6, after an application for Letters Testamentary from the County Surrogate, whenever a last will and testament (often simply referred to in estate matters as a “will”) has been admitted to probate in New Jersey, notice of said duly probated will must be sent to each next-of-kin and beneficiary. If a decedent’s next-of-kin includes someone who does not inherit from the probate estate, they must still be notified. This can cause issues if someone was disinherited or believes they should still inherit because of one reason or another. Having a New Jersey probate attorney can help ease any concerns and prepare you to confront any challengers. Indeed, the Notice of Probate must be sent, timely, and filed, timely, to lessen the timeframe a probate challenger has to sue the personal representative/executor and/or the estate of the decedent. Nonetheless, the process for filing a otice of probate and appropriately serving the correct parties - whether in New Jersey or elsewhere - is not arduous.
The personal representative (often referred to as an “executor” in testate estates) must notify all beneficiaries and all intestate net-of-kin. Failure to properly notify the beneficiaries according to New Jersey probate and estate statutes may result in liability for the personal representative. This liability could be in the form of an Order to Show Cause to remove the executor or administrator for waste, mismanagement and neglect, or for other malfeaseance regarding the probate estate. Failure to timely notify next-of-kin and beneficiaries also increases the timeframe a probate challenger has to file a Order to Show Cause Complaint to remove an estate executor.
Once the Notice of Probate has been sent to each next-of-kin and probate beneficiary, proof of mailing should be filed with the County Surrogate evidencing the notice of probate was properly served on each party. If the names or addresses of any of those persons are not known, or cannot by reasonable inquiry be determined, then reasonable efforts must be made to locate and identify possible interests in the probate estate. In some instances, the executor must also serve a notice of probate and copy of the will upon the Attorney General of New Jersey. It is therefore critical that each party is properly notified because parties that are not notified do get to file against the personal representative/executor and the estate since the time against them was not restricted. Remember, notice or service only works as intended within the law if it’s actually sent to the right people!
If you are an interested party in a probate estate in New Jersey, you can email me at Ranalli@ranalli-law.com. Your rights and privacy are 100% protected. We never share or sell your information or email. No one wants spam email and I respect your right to privacy. I am here to help you.
