Deadlines and Timelines In New Jersey Probate

What Are the Deadlines And Timelines In New Jersey Probate?

Key deadlines and timelines in New Jersey probate include:

  • Will contest – Within 4 months after probate or of grant of letters of appointment OR 6 months after grant of probate or letters if aggrieved person resided out of state
  • Complaint for elective share – Within 6 months after appointment of personal representative
  • Inventory and appraisal – Not required until 3 months after grant of letters; if exemption to be set off, within 3 months
  • Creditor Claim – Within 9 months from date of death

 

For a downloadable (pdf) version of the New Jersey Deadlines and Timelines, click New Jersey Probate Deadlines and Timelines.

TYPE OF FILING/ACTION

DEADLINES

AUTHORITY

 

 

 

Action for fraud

Commenced within 2 years after discovery of fraud BUT no proceeding later than 5 years after commission of fraud

3B:1-9

Admitting will to probate

No sooner than 10 days from death of testator

3B:3-22

Notice of probate of will

Within 60 days after the date of probate of will

N.J.R. Ct. 4:80-6

Proof of mailing notice of probate

Within 10 days thereof

N.J.R. Ct.  4:80-6

Will contest

Within 4 months after probate or of grant of letters of appointment OR 6 months after grant of probate or letters if aggrieved person resided out of state

N.J.R. Ct. 4:85-1

Action to recover dower or curtesy; damages

If right not assigned within 40 days after death of spouse, may recover with damages

3A:36-1

Complaint for elective share

Within 6 months after appointment of personal representative

3B:8-12

Withdrawal of demand for elective share

Any time before entry of final judgment

3B:8-14

Time for disclaiming

Any time after effective date of governing instrument, or in intestacy, any time after death, and if required to be filed, filed before right to disclaim barred by 3B:9-9

3B:9-4.2

Grant of letters of administration

To any fit person if no heirs, or if heirs do not claim administration within 40 days after death

3B:10-2

Administration by creditor of nonresident decedent

If personal representative fails to apply within 60 days of death

3B:10-8

Removed or discharged fiduciary to deliver assets to successor

Within 60 days after accounting and settlement

3B:14-5

Account of removed or discharged fiduciary

Within 60 days after removal or discharge

3B:14-7

Written objection by current income beneficiary to notice of compensation to bank

Within 30 days of receipt of notice

3B:14-23

Payment of  debt or delivery of certain personal property to domiciliary foreign fiduciary

After expiration of 60 days from appointment of domiciliary foreign fiduciary

3B:14-25

Action against personal representative

No action against personal representative within 6 months of grants of letters

3B:14-40

Notice by fiduciary of intention to prove administration

20 days before trial

3B:14-41

Custodian to comply with request to disclose digital assets or terminate account

Not later than 60 days after receipt of required information from fiduciary or designated recipient

3B:14-61.16

Discharge of surety for fiduciary or assignee after final account

Any time 3 months after entry of final judgment of distribution

3B:15-19

Order of discharge – executor, administrator or substituted administrator

Upon proof that 9 months have elapsed after entry of an order to limit creditors; no unpaid or pending claims

3B:15-23

Inventory and appraisal

Not required until 3 months after grant of letters; if exemption to be set off, within 3 months

3B:16-2

Accounts of personal representative

No requirement until after expiration of 1 year after appointment

3B:17-2

Annual statement relating to corpus commissions taken

Within 60 days after the end of each tax year

3B:18-7

Exceptions to action to settle account

At least 5 days before return of order to show cause

N.J.R. Ct. 4:87-8

Creditor claim

Within 9 months from date of death

3B:22-4

Allowance or rejection of creditor claim

Within 3 months after presentation of claim

3B:22-7

Commencement of action by creditor on disputed claim

Within 3 months after notice that claim has been disputed

3B:22-8

Commencement of action upon claim

Within 1 month after being notified to establish claim by judgment

3B:22-13

Liability of real property for debts

For 1 year after death

3B:22-22

Objection to proposal of distribution from personal representative

Within 30 days after mailing or delivery of the proposal

3B:23-4

Presentation of claim where assets of estate exceed amount needed to pay claims presented within time in 3B:22-4

Any time before the remaining assets of the estate shall have been distributed or paid over pursuant to law

3B:22-10

Interest on general pecuniary devise

Beginning 1 year after first appointment of personal representative until payment

3B:23-11

Distribution of property of intestate

Not until 1 year after granting of administration unless order to limit creditors entered, in which case distribution can be made 6 months after that order

3B:23-18

Presumption of death

After 5 years absence or exposure to specific catastrophic event

3B:27-1

Download New Jersey Probate Deadlines and Timelines.

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