Petition for Probate of Will and for Letters Testamentary - New Jersey

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

SURROGATE'S COURT OF THE STATE OF NEW JERSEY, COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner (Applicant) Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees, Legatees, and Beneficiaries Under the Will
7. Heirs at Law and Next of Kin Entitled to Notice
8. Nomination and Priority of Executor
9. Bond
10. Prayer for Relief
11. Verification
12. Certificate of Service / Notice of Probate
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

2. PETITIONER (APPLICANT) INFORMATION

The Petitioner respectfully shows the Court:

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____] domiciled in [COUNTY] County, New Jersey.

b. Venue for this application is proper in the Surrogate's Court of [COUNTY] County because the Decedent was domiciled in that county at the time of death, pursuant to N.J. Court Rule 4:80-1(c).

c. ☐ The Decedent was not domiciled in New Jersey at death but left property in [COUNTY] County, into which the Decedent's estate property has come; venue is therefore proper in this county under R. 4:80-1(c).

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] [and codicil(s) dated [__/__/____]].

e. At least eleven (11) days have elapsed since the date of death, as required before probate under N.J.S.A. 3B:3-22, or this application is being preliminarily filed under that section.

f. ☐ No prior application for probate or administration of this estate has been filed or granted in this or any other court, and no caveat has been filed.

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], is herewith presented to and lodged with the Surrogate's Court for probate. Only the original instrument is offered; it is not a conformed or photocopy.

b. The Will was executed by the Decedent and attested by the following subscribing witnesses:

c. Self-proving status (check one):

☐ The Will is self-proved in compliance with N.J.S.A. 3B:3-4 (self-proved at execution) or N.J.S.A. 3B:3-5 (self-proved after execution), and the witness requirement is therefore satisfied without further proof.

☐ The Will is not self-proved. Proof of execution will be made by the affidavit/proof of a subscribing witness as required by N.J.S.A. 3B:3-19 and R. 4:80-2.

☐ A subscribing witness resides or is out of State; the Petitioner requests issuance of a commission to take the witness's deposition as a witness-proof under R. 4:80-2(a).

☐ All subscribing witnesses are deceased; the signatures will be proven under R. 4:80-2(b).

d. The Petitioner believes the Will to have been validly executed and, after the exercise of reasonable diligence, is unaware of any instrument revoking the Will, and believes the instrument offered to be the Decedent's last will.

e. ☐ The Decedent had issue living when the Will was made. ☐ The Decedent left a child born or adopted after the Will was made, or issue of such after-born or adopted child, as follows: [________________________________] (required statement under R. 4:80-1(a)).

6. DEVISEES, LEGATEES, AND BENEFICIARIES UNDER THE WILL

The following persons (and entities) take under the Will and are entitled to notice of probate under R. 4:80-7:

☐ A charitable or other entity beneficiary is named: [________________________________]

7. HEIRS AT LAW AND NEXT OF KIN ENTITLED TO NOTICE

The following are the Decedent's surviving spouse/partner, heirs, and next of kin, with relationships and addresses, as required by R. 4:80-1(a)(3)–(4):

☐ To the best of the Petitioner's knowledge and belief, there are no other heirs or next of kin. The names or addresses of the following persons are unknown: [________________________________]

8. NOMINATION AND PRIORITY OF EXECUTOR

a. In the Will, the Decedent nominated the Petitioner, [PETITIONER FULL LEGAL NAME], to serve as Executor of the estate.

b. As the Executor named in the Will, the Petitioner is the person first entitled to letters; no renunciation or notice of others is required for the issuance of letters testamentary under R. 4:80-3 (which excepts letters testamentary).

c. The Petitioner is of full age, of sound mind, and is not disqualified from serving. The Will, once admitted to probate, authorizes the appointment of the named Executor and the issuance of letters testamentary under N.J.S.A. 3B:3-17.

d. ☐ One or more co-executors are also nominated: [________________________________]. ☐ A nominated executor renounces or is unable to serve, as shown by the attached renunciation/proof.

9. BOND

a. ☐ The Will directs that the Executor serve without bond; accordingly, the Petitioner requests that bond be dispensed with or waived in accordance with the Decedent's testamentary direction.

b. ☐ The Will is silent as to bond. As Executor (a resident fiduciary qualifying on the will of a New Jersey resident), the Petitioner anticipates that bond will not be required absent court direction. If bond is required, the application is accompanied by an affidavit of the value of the personal estate under R. 4:80-1(b).

c. ☐ The Petitioner is a nonresident Executor and will furnish bond and/or comply with the security requirements applicable to nonresident fiduciaries.

Estimated value of personal estate (for bond/affidavit purposes): $[________________]

Estimated amount of bond, if required: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, the Petitioner respectfully prays that the Surrogate's Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] [and codicil(s)] to probate in common form under N.J.S.A. 3B:3-17 and N.J.S.A. 3B:3-19;

b. Appoint the Petitioner as Executor of the estate as nominated in the Will;

c. Issue Letters Testamentary to the Petitioner, together with such short certificates as may be requested;

d. Fix or waive bond consistent with the direction of the Will and applicable law;

e. Record the application and Will as required by R. 4:80-1(d); and

f. Grant such other and further relief as is just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], of full age, being duly sworn according to law, depose and say that I am the Petitioner named above; that the statements contained in the foregoing application are true to the best of my knowledge, information, and belief; and I verify under oath that the same are true as required by R. 4:80-1(a).

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn and subscribed before me on [__/__/____].

______________________________________
Notary Public / Deputy Surrogate
My commission expires: [__/__/____]

12. CERTIFICATE OF SERVICE / NOTICE OF PROBATE

Notice of Probate (R. 4:80-7): Within sixty (60) days after the date of probate of the Will, the Personal Representative shall cause to be mailed to all beneficiaries under the Will and to the Decedent's heirs at law and next of kin (at their last known addresses) a notice in writing that the Will has been probated, the place and date of probate, the name and address of the Personal Representative, and a statement that a copy of the Will shall be furnished upon request. Proof of mailing shall be filed with the Surrogate within ten (10) days thereafter.

☐ ☐ ☐ Where any beneficiary or next of kin is a charity or cannot be located, notice shall be given to the Attorney General / by such other means as the Court directs (R. 4:80-7).

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
New Jersey Attorney ID No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament [and codicil(s)]
☐ Certified copy of Death Certificate (raised seal) — R. 4:80-1(b)
☐ Self-Proving Affidavit (if will is self-proved under N.J.S.A. 3B:3-4 / 3B:3-5)
☐ Proof of Subscribing Witness (if will not self-proved) — N.J.S.A. 3B:3-19; R. 4:80-2
☐ List of heirs at law and next of kin (names, addresses, ages of minors)
☐ Affidavit of value of personal estate (if bond required) — R. 4:80-1(b)
☐ Authorization to Accept Service of Process (prepared by Surrogate)
☐ Executor Qualification / Acceptance of Office
☐ Child Support Judgment Search / Verification
☐ Bond (if required) or testamentary waiver of bond
☐ Proposed Judgment Admitting Will to Probate / Letters Testamentary
☐ Notice of Probate and Proof of Mailing — R. 4:80-7
☐ Filing fee payment ($100 first two pages; $5 each additional page; $5 per short certificate — verify current county schedule)