Court Rules Governing Probate
All actions filed in the courts in New Jersey are controlled procedurally by The Rules Governing the Courts of the State of New Jersey. These rules are promulgated by the Supreme Court of New Jersey and are semi-annually updated as the need arises. Rules 4:80 through 4:96 control probate actions.
Filing for Probate of Will
Rule 4:80 controls the simple filing for probate of a will. This is essentially a clerical function. The will is presented to the surrogate's court with the following information:
- Applicant's residence;
- Name and date of death of decedent, his domicile at date of death and date of the will;
- Names and addresses of the spouse, heirs, next of kin and other persons, if any, entitled to letters and their relationship to the decedent;
- Ages of any minor heirs or minor next of kin and whether the decedent had any children living when the will was made or any children born after the execution of the will.
Death certificates must be supplied when probate is sought and in those cases where a bond is required a surety bond must be presented along with an affidavit as to the value of the estate. The application is made to the court in the county where the decedent was domiciled at the time of death or if not domiciled in New Jersey at the time of death, in the county where the decedent had property.
Rule 4:81 sets forth the procedure to be followed when the will is not self proving (the testator and witnesses have signed the will in front of a person authorized to administer oaths in New Jersey) and the witnesses are out of state or have predeceased the probate of the will.
