Renunciation by Next of Kin (Rules, continued)

Every last will and Testament will have a person(s) appointed to administer the estate.  That person is called an executor or executrix if the deceased died estate (with a will) or administrator (if the deceased died without a will).  In those cases where no person is so named (intestacy or failure to name an executor or an application for substitute executor or administrator) the applicant must comply with Rule 4:80-3.  This Rule provides that the applicant must provide the court with the renunciation of all persons whose right to be the executor etc. is superior or equal to that of the applicant.  That renunciation must be under oath prepared in front of an appropriate person authorized to acknowledge deeds and the document must also request that the applicant receive the appropriate letters.

Notice must be given to all interested parties as prescribed by the rules or by certified or registered mail.  If there are no known next of kin in New Jersey, the person applying for letters must give at least 20 days notice to the Attorney General.  Generally in a case where there is a contest for letters of administration ,a preference is given to a resident of New Jersey. (R. 4:80-5)