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)

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