Legal Question in Wills and Trusts in New Jersey

Will Probate

In NJ, is there a time limit to probate a Will? Mom passed 2 years ago and sibling (executor) has not yet probated will.


Asked on 6/04/08, 7:06 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Will Probate

While there may not be a 'deadline' for filing for probate, 2 years is bordering on the ridiculous. You need to contact your sister immediately and demand she probate the Will. If she does not do so at once, I suggest you hire an attorney and bring suit to have the will probated ASAP.

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Answered on 6/05/08, 9:35 am
Walter LeVine Walter D. LeVine, Esq.

Re: Will Probate

I agree with Jon. Should this be a possible taxable estate, the delay in probate may also cost the estate penalties and interest, which are chargeable to the Executor personally. You can force this one of two ways: (1) By doing what Jon suggested (i.e., starting suit to compel her to probate the Will), or (2) by applying yourself for Letters of Administration (treating the estate as if there were no Will). Since you and the sibling are equally entitled to appointment, your application will force her to act. Contact me directly if you ned more information.

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Answered on 6/05/08, 10:35 am


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