Contesting a will involves hiring legal counsel to help challenge the validity of a will. In the state of New Jersey, a will is probated within the County Surrogate Courts. This probation is the process that officially deems the executor of the will as the legal representative of the deceased.
Probation cannot occur sooner than 10 days after the person has passed. The simplest way to contest a will is by submitting a “caveat” within these 10 days.
A caveat is a formal notice to request the postponement of the probation of a will until the filer of the caveat is heard. Essentially, it is a note submitted to the Surrogate Courts that announces a contestant to the will. Once this caveat is filed, the executor of the will cannot be named until the dispute is settled.
The caveat is easily prepared and submitted by a lawyer to the courts for the first ten days after death. During this time, it merely needs to state that there is a contestant to the will. No reasons for the contest are required.
Of course, it is possible that the 10-day waiting period has passed, and the executor of the will has successfully been named. Under New Jersey Court Rule 4:85-1, a will can still be contested for up to four months after the executor is named. This timeline is extended to six months if the person challenging the will lives out of state.
This process is more complicated, as a simple caveat is not sufficient to stop the executor of the will. At this time, a more extensive document must be submitted that includes the reason for the contest.
Common reasons to contest a will include:
It is important to note that New Jersey recognizes “holographic wills,” which are wills that are entirely written in the person’s handwriting. These wills do not require a witness to be considered legal. Contact New Jersey Asset Protection Attorney and schedule your appointment for free.
The matter of contesting a will requires extensive knowledge of the law, especially relative state laws specific to New Jersey. It is vital to seek legal counsel early. You need someone who can help you understand the various legal nuances. If you contest a will after the executor is named, the ensuing process can be complicated.
A judge will host a hearing within 30 to 60 days of the will being contested, where they will set a timeline for both sides to gather evidence for their case. To avoid expensive and drawn out trials, judges will often send both parties to attempt to settle the case in mediation, outside of the courtroom.
Having a lawyer on your side during these mediations is key to a successful will contest. If you need help contesting a will in New Jersey, contact Giro Elder Law Attorneys at Law at (201) 690-1642. Our law specialists are passionate about protecting your rights, liberty, and the ones you love.
Bringing over ten years of experience to his practice, attorney Maurice Giro of Giro Attorneys at Law, LLC is committed to helping individuals protect their assets and provide for their families after death.