Notice of Probate requirements

Notice of Probate requirements article

Once the judgment for probate and the Letters Testamentary have been issued, the Last Will & Testament is deemed “probated.” The law requires that the executor or their attorney notify all beneficiaries and next of kin (including those next of kin who are not beneficiaries in the Last Will & Testament) that the Last Will & Testament has been probated, the place and date of probate, that a copy of the Last Will & Testament is available upon request, and that they be informed of the name of the executor.

Copies of each letter must be saved. The executor’s attorney or executor must then file a “Proof of mailing of the Notice of Probate of Will” with the Surrogate’s Court together with a fee of $5.00 for each page of the proof of mailing of the “Notice of Probate of Will.”

Source Bergen surrogate

Court Rule 4:80-6. Notice of Probate of Will

…… shall cause to be mailed to all beneficiaries under the will and to all persons designated by R. 4:80-1(a)(3), 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 10 days thereof. If the names or addresses of any of those persons are not known, or cannot by reasonable inquiry be determined, then a notice of probate of the will shall be published in a newspaper of general circulation in the county naming or identifying those persons as having a possible interest in the probate estate. If by the terms of the will property is devoted to a present or future charitable use or purpose, like notice and a copy of the will shall be mailed to the Attorney General.

Typically we send a copy of the Will in addition to the Notice. We also advise a copy of the Will can also be obtained from the Surrogate for a small copy fee. A State of New Jersey Inheritance Tax Return must be filed and Tax Waivers obtained. This will take several months.

Additional information on Inheritance Tax Return can be obtained from the NJ Division of Taxation. (609) 292-5033

Also, prior to individuals receiving money Federal law requires a child support lien search so each beneficiary will need to provide their Social Security number prior to inheritance and NJ requires each beneficiary sign a Release and Refunding Bond.