Legal Question in Wills and Trusts in New Jersey

Re: caveat

While you can do this yourself, by filing your objections with the Probate Division of the Superior Court in the County where the Will was probated (there are filing fees), you will be required to attend a Court hearing, present proff of your claim, etc., and the Judge will decide the matter. I suggest using a lawyer familiar with these matters as they can be quite involved.

Re: caveat

You may go to the Surrogate's office in the county where the decedent resided at the time of death. The staff may assist you in filing a caveat, which simply requests that you be notified when anyone tries to file the will. There probably is a charge for the filing.

Before you make the trip, you may call the Surrogate's office.

Re: caveat

The caveat merely blocks the Will from being probated by the Surrogate. Once the caveat is filed, the proponent of the Will will seek to have it removed. This is a court proceeding, and you will have to prove the basis for your claim that the Will should not be admitted to probate. There are court fees for this [relatively minor, under $200].

However, if you are really serious about contesting the Will, you need to hire an experienced probate attorney to represent you.