Contesting a Will in New Jersey

Challenging a will is possible in New Jersey, but only under specific legal circumstances. If a legal challenge is pursued, it typically starts with a formal objection in probate court, followed by a review of the facts, submission of supporting evidence, and hearings before a judge.

Not everyone has the right to bring this kind of challenge. Generally, it’s limited to individuals who have a direct financial interest in the estate, such as beneficiaries named in the will or family members who would stand to inherit if no valid will existed. It’s also important to know that the responsibility to prove the claim falls on the person bringing the challenge. The court expects strong evidence to support the allegation that the will does not reflect the true wishes of the person who passed away.

If you’re facing concerns about a loved one’s will, you’re not alone. This can be an emotional and stressful time, especially when legal questions are involved. While our New Jersey probate attorneys do not handle will contests, we are available to assist with related matters like estate planning or probate administration. If you’d like to talk about those options, we’re here to help.

This guide from The Matus Law Group was written to give you clarity on how will contests work in New Jersey, and where you might go from here.

What Does It Mean to Contest a Will in New Jersey?

Contesting a will in New Jersey means formally questioning the validity of a document that has already been admitted into probate or is about to be submitted. People don’t get to challenge a will just because they feel it’s unfair. 

In plain terms, you’re asking the court to decide if the will truly reflects what your loved one intended or if something about it was not right under the law. That could involve making a legal challenge before the will is accepted for probate by filing what’s called a caveat, or bringing a later lawsuit in Superior Court to set aside the will after probate has been initiated.

Legal Definition of a Will Contest in New Jersey

A will contest is a legal action filed to challenge whether a will should have been admitted to probate or remains valid if already admitted. That includes concerns like whether the person signing it was mentally capable, free from undue pressure, or if the document meets the formal rules New Jersey sets.

Why Wills Are Presumed Valid in Probate Proceedings

In New Jersey, a properly executed will carries a strong presumption that it reflects the decedent’s wishes. The courts don’t overturn that lightly. To challenge it, you must meet a high standard: clear and convincing proof is required if you think something about capacity, influence, fraud, or execution was wrong. This presumption preserves the integrity of probate unless genuine legal issues come to light.

It might feel like you’re up against a system that gives the benefit of the doubt to the will’s validity and, in many cases, that’s exactly how it works. Having standing to bring a claim is only the start. You’ll also need evidence that meets New Jersey’s legal bar. 

Who Has the Right to Challenge a New Jersey Will

If you’re thinking about challenging a will in New Jersey, it’s important to know who actually has the legal right to bring a claim. Not everyone can do so. Courts only allow certain people to step forward with a challenge.

Who Qualifies as an “Interested Person” Under New Jersey Law

An “interested person” is someone with a direct financial stake in the estate or someone who would inherit if the will weren’t valid. That includes beneficiaries named in the will, heirs at law under the state’s intestacy laws, and creditors who believe the estate owes them money.

If you’re not on that list, you do not have the standing to contest. Feeling wronged isn’t enough. The law only recognizes those who have something to gain or lose.

Differences Between Beneficiaries, Heirs‑at‑Law, and Creditors

Beneficiaries are the people who are named to potentially inherit in the will. Beneficiaries may dispute the assets or inheritance they received, if they feel they deserved more.

Heirs-at-law are the family members who would inherit under intestate rules. Heirs-at-law can include children, spouses, or parents if there were no will. These heirs might challenge a will that leaves them out or drops their share.

Creditors may also have a say. If someone was owed money by the decedent and isn’t being paid under the will, they can contest it, but only if they have a legitimate claim.

If you feel that you were cut out of a will, it’s natural to feel frustrated or unsure. However, to be able to proceed with a will contest, establishing whether you have legal standing is a primary requirement. That means you must be a beneficiary, heir-at-law, or a creditor with a valid claim. If that doesn’t apply, your options may be limited.

Our attorneys at The Matus Law Group don’t handle will contests, but you we can still help you explore your options and answer questions regarding estate planning or probate. Contact us today at (732) 785-4453 for experienced legal guidance.

New Jersey Probate Attorney – The Matus Law Group

Grounds for Contesting a Will

In New Jersey, four main grounds can lead to the contestation of a will:

Lack of Testamentary Capacity

New Jersey requires only basic mental awareness at the time the will was signed. A person must know:

• Roughly what assets they own, 
• Who their close family and expected heirs are
• That they’re signing a will distributing those assets 

If there’s medical proof or witness statements showing serious confusion or diminished mental ability, that could support a claim. However, courts presume capacity unless clear and convincing evidence proves otherwise.

Undue Influence

Undue influence involves mental, moral, or physical pressure that overpowers the testator’s free will. New Jersey courts have ruled that this can happen in confidential relationships such as a caregiver, family member, or financial advisor. Especially if the will’s changes unfairly favor that person. Once you show such a relationship and suspicious circumstances exist, the legal burden shifts to the other side to prove the will reflects true intentions.

Fraud, Forgery, or Mistake in the Document’s Creation

Fraud means the testator was misled or deceived into signing a will they didn’t intend, perhaps by false promises or incorrect information. Forgery occurs if the signature or wording is fake. A mistake might involve ambiguous or inconsistent statements in the will. Proving these issues often requires emails, letters, witness testimony, or expert review of handwriting and intent.

Improper Execution of the Will

New Jersey law requires that a will be written, dated, signed by the testator, and witnessed by at least two people. If any of these steps were skipped, either through incorrect witnesses, unsigned or undated documents, that can raise valid concerns about the will’s legitimacy. Courts treat those omissions seriously and may reject the will based on procedural defects.

If you suspect that a will is invalid due to any of the aforementioned grounds, you may have the right to contest it. However, contesting a will can be a complex legal process that requires substantial evidence and legal experience. The process should not be taken lightly and requires careful consideration before pursuing legal action.

Category	Definition	Legal Standing to Contest Will
Beneficiaries	Individuals specifically named in the will to receive assets or inheritance.	Yes — if they feel their inheritance is insufficient or unjust.
Heirs-at-Law	Family members who would inherit under intestate succession laws if no will exists (e.g., children, spouse, parents).	Yes — particularly if they are omitted from the will or believe their share is unfairly reduced.
Creditors	Parties to whom the deceased owed money.	Yes — but only if they have a valid and legally recognized claim against the estate.

Contesting a will is a difficult and often emotional process that requires a significant amount of time and resources. It is essential to engage the services of a skilled attorney who can guide you through each step of the process and provide you with the support and advice you need to protect your interests. 

While our attorneys at The Matus Law Group do not handle will contests, we are still available to answer questions you may have regarding estate planning or probate in New Jersey. Contact us today at (732) 785-4453 to schedule a consultation.

Critical Deadlines and Filing Requirements

If you’re thinking of challenging a will in New Jersey, timing matters. Missing a deadline could mean losing your chance.

Here’s what you should know:

• You can file a caveat at any time after the person passes away, but it must come before the will is admitted to probate. That filing stops the Surrogate from moving forward until the challenge is resolved.
• Once the will is officially admitted to probate and the executor is appointed, you have a limited window to act: New Jersey residents get 4 months, and non‑residents get 6 months to file a formal challenge in Superior Court.
• The court may grant a short 30‑day extension if you didn’t receive proper notice or if there’s a valid reason, but that extension is limited and not guaranteed.

Time Limits After Probate Admission – Four Months for Residents, Six for Non-Residents

After probate is official, you must act quickly:

• If you’re a New Jersey resident, you have 4 months from the date of probate or executor appointment to file a will contest.
• If you’re a non‑resident, you get 6 months.

Waiting longer will generally mean your claim can’t move forward unless the court grants a narrow extension.

Which Court Handles a Will Contest – Surrogate vs. Superior Court

Challenges start with the Surrogate’s office if you file a caveat before probate. But once probate occurs, or if a challenge comes afterward, the main process moves to the Superior Court, Chancery Division, Probate Part. That’s where formal complaints land and legal hearings happen.

Effect of Successfully Contesting a Will

If a will is successfully contested in New Jersey, the court may declare the will invalid. This can have several possible outcomes:

Declaring the Will Invalid and Reverting to a Previous Will or Intestacy

If the court sets aside the will at issue, the estate moves to the next available option. First choice: a prior valid will. If there is one, that document guides the distribution. No earlier will? Then, state intestacy laws kick in. That means the estate passes to legal heirs based on family relationships: spouse, children, or others depending on circumstances.

Effect of No‑Contest Clauses Under New Jersey Law

Some wills include so-called “no-contest” clauses intended to penalize anyone who challenges. In New Jersey, those clauses hold no force if the person bringing the claim had good grounds, like proof of fraud, incapacity, undue influence, or improper execution. If you had legal justification, contesting the will is unlikely to trigger forfeiture of your share.

Potential for Fee Awards If the Challenge Had Reasonable Basis

If you’re able to bring a claim in good faith, meaning one based on substantial facts or law, the courts may consider awarding lawyers’ fees or costs. That won’t shorten the emotional toll, but it may reduce the financial burden. Conversely, a baseless challenge could backfire and result in liability for expenses from both sides. New Jersey courts discourage meritless claims that waste estate resources.

Facing a successful outcome can be bittersweet. It might correct a will you believe wasn’t valid, but also opens a new path for how assets are distributed. You might wind up working under an older will or intestacy rules that shift the estate in unexpected ways.

Quality Estate Planning and Probate Guidance From The Matus Law Group

Contesting a will in New Jersey is often not just a legal matter. It can also stir up deep emotions and strain family dynamics. These situations can be stressful, and it’s completely understandable to feel unsure about what to do next.

While our attorneys at The Matus Law Group do not handle will contests, we’re still here to support you in other meaningful ways. If you’re looking for guidance with estate planning or probate, we’d be glad to help. These areas involve important decisions, and having the right legal support can make things feel a little more manageable.

If you have questions or would like to talk through your situation, give us a call at (732) 785-4453 to schedule a consultation. We’re here for you.