In New Jersey, a decedent’s will is generally probated in the county where he or she was domiciled at the time of death. The will of a person who was at the time of death a non-resident can, however, be probated in the county where the decedent left property or into which any property belonging to the decedent’s estate is discovered, provided that there is no pending proceeding for the probate of that decedent’s will in any other jurisdiction.
Any dispute or challenge to a decedent’s will must be brought in the county where the decedent’s will has been formally admitted “to probate”.
A caveat against a will (meaning a challenge to the legality of the will) is filed with the surrogate in the county where the decedent died and was domiciled at the time of death. If the decedent was not domiciled in New Jersey, then the caveat may be filed in any county where the decedent may have owned or left the property.
To discuss NJ probate and estate administration, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Probate and Estate Administration Attorney