New Jersey Probate Litigation
Working with an attorney in probate litigation can help you protect your rights and your loved one’s estate when disputes arise over a will, inheritance, or estate administration.
A disagreement over a will, executor, or inheritance can quickly turn an already difficult situation into a legal dispute. Probate litigation in New Jersey is the court process used to resolve conflicts involving wills, estate administration, guardianships, and the distribution or valuation of estate property. In New Jersey, uncontested estates are generally handled through the County Surrogate’s office, while contested matters are brought before the Superior Court of New Jersey, Chancery Division, Probate Part.
If you are involved in a contested estate matter, The Matus Law Group can help you understand your legal options. Our New Jersey probate attorneys review the will, the Surrogate’s file, estate accountings, and the deadlines that may apply to your claim. We also handle related estate administration matters when a dispute overlaps with the probate process.
This guide covers will contests, filing deadlines, executor and accounting disputes, valuation and distribution disputes, guardianship matters, marital agreements, privacy of court records, common mistakes, and the time and cost factors that can affect probate litigation. Contact The Matus Law Group at (732) 785-4453 to schedule a consultation.
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With over 20 years of experience, we are been New Jersey’s prominent estate planning lawyers. Here to assist in the matters of estate planning, estate administration, probate matters, special needs planning, elder law and Medicaid planning, and more. Contact Matus Law Group, headed by a top-rated estate planning Attorney Christine Matus to schedule a consultation today.
What Is Probate Litigation in New Jersey?
Probate litigation in New Jersey involves contested estate and trust matters handled in the Superior Court, Chancery Division, Probate Part. These disputes can involve challenges to a will, disagreements over the actions of an executor or administrator, trust issues, or contested adult guardianships. When no dispute exists, the county Surrogate handles the probate of a will and can issue letters testamentary to the executor.
When a caveat is filed before a will is admitted to probate, the Surrogate cannot probate the will unless authorized by the Superior Court. The dispute is instead brought before the Probate Part, where the court determines how the contested issues should be resolved.
Probate Part actions are typically started by filing a complaint and obtaining an order to show cause under Rules 4:83-1 and 4:67. As the case proceeds, the court can allow discovery when appropriate or refer the parties to mediation to address the issues in dispute.
What Are the Common Grounds for a Will Contest in New Jersey?
A will contest in New Jersey must be based on a recognized legal ground rather than disagreement with how the estate was divided. For example, a parent can leave one child more than another without making the will invalid. A person challenging the will must instead present evidence that calls its validity into question.
Lack of Testamentary Capacity
A person signing a will must understand that they are making a will, have a basic understanding of the property they own, and recognize the family members who would ordinarily inherit. A dementia diagnosis alone does not establish a lack of testamentary capacity. Medical records, the drafting attorney’s records, and testimony from people who observed the testator around the time the will was signed can help show the person’s mental capacity at that time.
Undue Influence
Undue influence can arise when another person exerts enough pressure over the testator that the will reflects that person’s wishes instead of the testator’s own decisions. In New Jersey, a presumption of undue influence can arise when a beneficiary had a confidential relationship with the testator and suspicious circumstances surrounded the creation of the will. Examples can include a beneficiary arranging for the attorney or being closely involved in an unexpected change to the estate plan.
The New Jersey Supreme Court addressed this burden shifting framework in Haynes v. First National State Bank of New Jersey, 87 N.J. 163 (1981). Once the presumption of undue influence applies, the burden shifts to the beneficiary to rebut it.
Improper Execution or Fraud
The way a will was prepared and signed can also become grounds for a challenge. A formally executed witnessed will must be in writing, signed by the testator or at the testator’s direction, and signed by at least two witnesses within a reasonable time after witnessing the signing or the testator’s acknowledgment.
New Jersey also recognizes certain handwritten wills under N.J.S.A. 3B:3-2(b). Under N.J.S.A. 3B:3-3, a document that does not satisfy the usual execution requirements can still be treated as a will when clear and convincing evidence establishes the decedent’s intent. A will can also be challenged based on fraud or forgery.
Key Takeaway: A will contest requires evidence supporting a recognized legal basis for challenging the document, such as lack of testamentary capacity, undue influence, improper execution, fraud, or forgery.
If you are involved in a probate dispute, The Matus Law Group can help you understand your legal options and determine the next steps. Call (732) 785-4453 to speak with our New Jersey probate attorneys.
Who Can File a Probate Litigation Claim in New Jersey?
The right to file a probate litigation claim depends on the type of dispute and how the outcome affects the person bringing the claim. In a will contest, the challenger must be financially affected by the probate of the will. This can include an heir who would inherit if there were no valid will or a beneficiary under another will who would benefit if the challenged will were set aside. A creditor can have rights in estate administration, but being a creditor alone does not establish standing to contest a will.
Deadlines also depend on the circumstances. Under Rule 4:85-1, a person who lived in New Jersey at the time of probate has four months to challenge the probate judgment, while a person who lived outside the state has six months. Rule 4:85-2 allows an extension of up to 30 days when the required conditions are met, and additional relief is available in limited circumstances under Rule 4:85-1 and Rule 4:50.
Different timing rules apply to disputes involving an executor or other fiduciary. A beneficiary can seek an accounting or removal of an executor while the estate is being administered, while objections to a filed accounting must be raised within the deadline set by the court. Reviewing the probate file can help determine which deadlines apply and when they began to run.
How Do New Jersey Courts Resolve Estate Administration Disputes?
Disputes can arise during estate administration when beneficiaries question how an executor or administrator is handling estate assets or carrying out fiduciary duties. A beneficiary can bring the matter before the Probate Part and seek relief such as an accounting, return of misused funds, removal of the fiduciary, or an order directing the distribution of estate property.
Breach of Fiduciary Duty by an Executor or Administrator
Executors and administrators have fiduciary duties when managing an estate, including protecting estate property, keeping estate funds separate from personal funds, maintaining accurate records, and acting in the interests of the beneficiaries.
Disputes can arise when a fiduciary engages in self dealing, such as selling estate property to a related person below market value, taking unsupported payments from estate funds, or personally benefiting from estate property. Beneficiaries can also seek an accounting to review the estate’s receipts, expenses, and distributions.
Removing or Replacing an Executor
Under N.J.S.A. 3B:14-21, a court can remove a fiduciary for specified reasons, including failure to comply with court orders, failure to provide an ordered accounting, waste or misapplication of estate property, abuse of trust, incapacity, or failure to carry out fiduciary duties. A removal action can proceed through a verified complaint and order to show cause. If the court orders removal, it can appoint an appropriate successor fiduciary and address proven financial losses to the estate.
Key Takeaway: A beneficiary can ask a New Jersey court to address problems with estate administration through an accounting, removal proceeding, or other appropriate relief.
Questions about how an estate is being managed can be difficult to resolve without understanding your rights and the available court procedures. Call The Matus Law Group at (732) 785-4453 to discuss your situation and the next steps.
What Happens When Heirs Disagree Over Asset Valuation or Distribution?
Disputes over asset values can arise when an estate includes property without a fixed market price, such as a home, family business, farmland, jewelry, or partnership interest. The issue becomes more complicated when heirs receive different assets instead of equal amounts of cash because the value assigned to each asset affects how the estate is divided.
Appraisals and financial records can help establish the value of disputed property. Depending on the asset, the court can consider competing appraisals, valuation methods, comparable sales, and the value reported as of the date of death. New Jersey inheritance tax filings with the New Jersey Division of Taxation can also provide relevant valuation information.
Real estate can create another dispute when co-heirs cannot agree whether to keep the property, sell it, or allow one owner to buy out the others. A co-owner can seek partition, and property that qualifies as “heirs property” under New Jersey’s Uniform Partition of Heirs Property Act is subject to specific procedures. These include determining the property’s value, giving certain cotenants an opportunity to purchase the interests of those seeking a sale, and considering whether the property can be divided in kind. If the court orders a sale under the Act, an open market sale is the default unless another method would be more economically advantageous and in the cotenants’ best interests.
| Asset | Evidence used to determine value |
|---|---|
| Real estate | Appraisals and comparable sales |
| Business interests | Business valuations and financial records |
| Jewelry and personal property | Professional appraisals |
| Partnership interests | Financial records and valuation evidence |
Key Takeaway: Valuation and distribution disputes can involve appraisals, financial records, buyouts, or court proceedings when heirs cannot agree on the value or division of estate property.
Probate Litigation Attorney in New Jersey – The Matus Law Group
Christine Matus, Esq.
Christine Matus is the founder and owner of The Matus Law Group and has practiced law in New Jersey since 1995. Her practice includes estate planning and related probate matters, and she has lectured on topics including estate planning, special needs planning, and real estate. She is also an active mediator with the Superior Court of New Jersey, Special Civil Part.
Christine earned her J.D. from Touro College, Jacob D. Fuchsberg Law Center, and her B.A. in Economics from Douglass College, Rutgers University. She was admitted to the New Jersey Bar and the U.S. District Court for the District of New Jersey in 1995 and is a member of the New Jersey State Bar Association and the Asian Pacific American Lawyers Association.
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Call now to make an appointment to discuss your legacy planning needs with top NJ estate attorney Christine Matus. We are here to answer any questions you may have about planning for your future. These include questions about estate tax, estate and gift rules, different types of power of attorney, and much more (732) 785-4453.
Can Guardianship Disputes Lead to Litigation?
Guardianship disputes in New Jersey are handled in the Probate Part of the Superior Court, Chancery Division. Litigation can arise over whether a person needs a guardian, who should serve in that role, or how an appointed guardian is managing the person’s affairs.
New Jersey guardianship law is set out at N.J.S.A. 3B:12-1. A petition requires certifications from two physicians or from a physician and a psychologist addressing the person’s decision-making ability. The court also appoints an attorney to represent the alleged incapacitated person. Disputes can focus on whether the person is incapacitated, whether a limited guardianship is appropriate, or who should serve as guardian.
Disputes can also arise after a guardian has been appointed, particularly over the management of the person’s property. Questions can involve unexplained transactions, payments made to the guardian, or property sold without proper authority. When problems are established, the court can require corrective action, impose a surcharge, require a bond, or replace the guardian.
Are New Jersey Probate Litigation Records Public or Sealed?
New Jersey court records are presumed open to the public unless a court rule, statute, or court order restricts access. In Probate Part litigation, documents such as complaints, certifications, accountings, and judgments can become part of the public court record. Sensitive personal information, including Social Security numbers and active financial account numbers, must be redacted from public filings.
A party seeking to keep a court record confidential can request that it be sealed under Rule 1:38-11. The party must show good cause, including a clearly defined and serious injury and a privacy interest that substantially outweighs the presumption of public access.
Different rules apply to adult guardianship proceedings, which are excluded from public access under Rule 1:38-3(e) and Rule 4:86-1(b). Mediation communications are also confidential, but a settlement document can become part of the court record if it is filed with the court.
How Long Does Probate Litigation Take in New Jersey?
The length of probate litigation in New Jersey depends on the complexity of the dispute and the steps needed to resolve it. Cases involving extensive discovery, contested accountings, expert evaluations, depositions, or trial take longer than disputes resolved through early document review or negotiation. Court scheduling and the number of issues in dispute also affect the timeline.
Mediation offers another path toward resolving a probate dispute without trial. New Jersey courts refer appropriate Probate Part cases to mediation, where the parties work toward an agreement on the contested issues and can avoid further litigation if a settlement is reached.
What Does Probate Litigation Cost in New Jersey?
The cost of probate litigation in New Jersey depends on the complexity of the dispute and the amount of work required to resolve it. Costs can include attorney fees, court filing fees, appraisals, forensic accounting, expert fees, depositions, and other litigation expenses. Cases requiring extensive discovery, multiple experts, or trial tend to cost more than disputes resolved earlier in the process.
New Jersey follows the American Rule, which means each side is responsible for its own attorney fees unless a statute, court rule, contract, or recognized exception provides otherwise. In a will contest, Rule 4:42-9(a)(3) permits an allowance from the estate if probate is refused. If probate is granted and the contestant had reasonable cause to challenge the validity of the will or codicil, the court can award an allowance from the estate to the proponent and contestant. Fee requests involving other fiduciary disputes require a separate legal basis.
The amount at stake is also an important consideration when deciding how to approach a probate dispute. A claim involving real estate, a business interest, or a complex accounting can require appraisals or other professional assistance, while a more limited dispute can involve fewer litigation expenses.
The Matus Law Group can review the issues involved in your probate dispute and discuss the legal work the case could require. Call (732) 785-4453 to speak with our team about your situation and the next steps.
Areas We Serve
The Matus Law Group represents clients in contested estate, trust, and guardianship matters throughout New Jersey, with a focus on Monmouth County. We serve clients in Red Bank, Middletown, Freehold, Long Branch, Holmdel, Colts Neck, Rumson, Tinton Falls, Marlboro, Ocean County, and surrounding communities. Our team handles probate matters involving the Monmouth County Surrogate’s Court and the Superior Court of New Jersey, Chancery Division, Probate Part, as well as matters involving Surrogate’s offices across the state.
Experienced Legal Guidance for New Jersey Probate Disputes
Disputes involving an executor, estate accounts, or changes to a will can make the probate process more difficult. Because some probate claims have strict filing deadlines, reviewing the matter early can help protect your rights and available options.
The Matus Law Group handles probate disputes involving will challenges, estate accountings, executor removal, guardianship matters, and inherited property. Our attorneys review relevant documents, including wills and prior versions, Surrogate’s files, accountings, appraisals, marital agreements, guardianship filings, and financial or medical records, to determine the issues involved and the appropriate next steps.
Call The Matus Law Group at (732) 785-4453 or visit our office at 125 Half Mile Rd., Suite 200, Red Bank, NJ 07701 to schedule a consultation.
Frequently Asked Questions About Probate Litigation in New Jersey
How do you contest a will in New Jersey?
If a will has not yet been admitted to probate, an interested person can file a caveat with the County Surrogate to prevent the Surrogate from probating the will. The contested matter can then be brought before the Superior Court, Chancery Division, Probate Part. If the will has already been probated, an aggrieved person can file a complaint and seek an order to show cause asking the court to set aside probate.
What is the deadline to challenge a will in New Jersey?
Under Rule 4:85-1, a person who lived in New Jersey at the time of probate has four months to challenge the probate judgment, while a person who lived outside the state has six months. Rule 4:85-2 permits an extension of up to 30 days when the required conditions are met, with additional relief available in limited circumstances.
Can an executor be removed in New Jersey?
Yes. Under N.J.S.A. 3B:14-21, a court can remove an executor for reasons such as failing to comply with court orders, failing to provide an ordered accounting, wasting or misapplying estate property, abusing the trust, or becoming incapacitated. The court can appoint an appropriate successor fiduciary and address proven financial losses to the estate.
Who pays legal fees in New Jersey probate litigation?
New Jersey follows the American Rule, which means each side is responsible for its own attorney fees unless a statute, court rule, contract, or recognized exception provides otherwise. In a will contest, Rule 4:42-9(a)(3) permits an allowance from the estate in specified circumstances involving the probate or validity of a will or codicil. Fee requests in other fiduciary disputes require a separate legal basis.
Does every estate dispute go to trial?
No. Probate disputes can be resolved through negotiation or mediation without going to trial. New Jersey courts can refer appropriate Probate Part matters to mediation, giving the parties an opportunity to reach an agreement before further litigation.
Can guardianship decisions be challenged after they are made?
Yes. An interested person can ask the court to modify or terminate a guardianship when circumstances change or seek removal of a guardian who is not properly carrying out their duties. A guardianship judgment can also be appealed in accordance with the applicable New Jersey court rules.
