Contested Probate Matters (yet another Rule)
Unless authorized by the Superior Court, the Surrogates Court cannot act in any matter in which:
- a caveat has been filed with the court before entry of judgment;
- a doubt arises on the face of the will or it has been lost or destroyed;
- a holographic will is presented for probate as defined by statute;
- letters are sought for limited or temporary administration;
- a dispute arises within the Surrogates Court; or
- the Surrogate certifies the case to be of doubt or difficult.
In the above instances the matter shall proceed in the Superior Court, Chancery Division. (Rule 4:82)