Legal Question in Wills and Trusts in New Jersey

Re: Statute of limitation to probate a will in the State of NJ

There is no statute of limitations, per se. A Will just cannot be probated less than 10 days after the date of death. If you were separated, but not divorced, at the date of death, you may have rights as a widow. If your father-in-law refuses to probate the Will, you can bring a suit to compel him to probate it. Alternatively, you might consider threatening to apply for administration (proceedings where the decedent had no Will). This might compel your FIL to start the probate. You are eligible for statutory rights if you were married, but excluded from the Will. Your rights differ from what you might be entitled to if an administration were undertaken (which, in part, depend upon whether or not you have children together). The cars cannot be transferred without an estate representative being appointed (executor or administrator) so nothing can happen with them until someone moves forward. The same for individual bank accounts, etc. If any assets had a designated beneficiary named (like an insurance policy, retirement plan, IRA account, etc.) no probate is necessary for the named beneficiary to claim the proceeds.