Objections to Probate and the Qualification 

of the Executors in New Jersey

The application for Probate and the qualification of the Executor may be taken at any time following ten (10) days after the death of an individual.   This delay period is designed to permit time for any person with an interest in the estate to file an objection or "caveat" to the admission of the Will to probate.   This objection to the probate of a will generally means the authenticity or validity of the Will is being challenged in a "Will Contest" or "Probate Dispute".

When all probate procedures are performed, the Surrogate will issue "Certificates of Executorship" to the Executor which will enable him/her to act with the same power as the deceased over his or her property (i.e., cash, checks, withdrawal of money from bank accounts, transfer of property and real estate, etc.).

1)  When is probate necessary in Estate Administration?

"Probate" is a process whereby a Will is "proved" to be valid by a public official (the County Surrogate) with authority to determine the authenticity of such document.  When there is no Will, the Surrogate issues Certificates of Administration to the person determined by law to handle the estate administration of the deceased. (See "Who may act as administrator")

If a person dies owning any property (real or personal, i.e, house, bank and savings account annuities, IRA's etc.) that, if alive, would require a signature to a document (as an example, a check, title to car, deed to real estate, stock certificate, etc.) to liquidate, transfer ownership or otherwise disposed of such property, then probate is required in New Jersey.

If the individual died holding property as a "joint tenant" with a right of survivorship with another individual, then the probate of that property as joint tenant may not be necessary because ownership of that property would generally vest in and belong to the surviving owner.  Beneficiary designations are an important consideration of determining what property is or is not subject to probate.   A qualified New Jersey Estate Planning Attorney should be consulted.

Probating a Will is New Jersey Estate Administration

Call Fredrick P. Niemann, Esq. at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com.  He welcomes your calls and inquiries and you’ll find him very approachable and easy to talk to.