Probate is the process of carrying out the last wishes of a person who has died. The probate process under New Jersey law is supervised by the Surrogate’s Court in each New Jersey County. The estate’s representative collects the estate’s assets, pays the estate’s debts and tax obligations, and distributes the remainder of the estate’s property to the heirs and beneficiaries.
The first step in the probate process is to determine whether the will is valid. Some wills are presumed to be valid because they were prepared following the very strict guidelines of New Jersey law. Wills that do not satisfy these requirements must be proved in the Surrogate’s Court with the personal testimony of at least one witness to the will.
New Jersey probate law allows an heir or a beneficiary to challenge the validity of a will. The mere fact that a person is disappointed with a term in a will is not enough, however. New Jersey probate attorneys know that there must be a serious question about either the way the will was prepared or the mental state of the deceased person at the time the will was signed.
In addition, an heir or beneficiary may go to court during probate to have the executor―or any other personal representative―removed and replaced. This type of action is based on the personal representative’s wrongful acts or errors that cost the estate money.
The cost of probate litigation
Probate litigation in New Jersey can be very expensive because it is conducted in formal proceedings in Superior Court, just like any other civil case. But there are other, more serious consequences as well. If a will is declared invalid, the estate is distributed in accordance with an earlier will, which may change the way property is given to you. If there was no other will, the estate’s property will be distributed to the next of kin according to a rigid formula in the probate law of New Jersey. This distribution may leave you out altogether. In addition, if a personal representative is removed, you may not be happy with the person who is named as the replacement.
Call on experienced New Jersey probate attorneys
Clearly, a lot is at stake in New Jersey probate litigation. The New Jersey probate attorneys at Parsons & Nardelli have decades of experience in probate practice and litigation. If a will is under challenge, contact us for a free consultation. Call (732) 842-6400 or toll free (888) 309-5589 or complete our contact form. Located in Red Bank, we work with clients throughout Monmouth, Ocean, and Middlesex Counties.
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