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 |
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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 |
