Superior Court

 

SUPERIOR COURT, CHANCERY DIVISION, PROBATE PART

Any matters heard in the above court are filed with the Surrogate's Office. The matters range from filing proceedings to have a guardian appointed for an incapacitated person, an action to compel an Executor or Administrator to an accounting and a request for the removal of an Executor or Administrator.

Helpful Information for Filing Applications in NJ Superior Court:


The Surrogate Court is a Court of limited jurisdiction.  Should a dispute arise, the Surrogate may not act.  The parties must seek resolution of the dispute in New Jersey Superior Court. 

Probate litigation is heard by the Superior Court of New Jersey Chancery Division, Probate Part, The Honorable James E. Rafferty J.S.C.

All actions are commenced by filing a verified complaint and order to show cause pursuant to R. 4:83 and R. 4:67 of the Rules Governing the Courts of the State of New Jersey.

Review the following example for assistance Order To Show Cause Summary Action Form


The following is a list of the Probate Court Dates:

 1. December 11
2. January 15
3. January 29
4. February 11
5. February 26
6. March 12
7. March 26
8. April 9
9. April 23
10. May 7


         

 Probate matters are usually heard two Fridays a month commencing at 9:00 a.m. It is best to send your papers to our office and we will advise you of the hearing date. However, you may call our office and ask what our probate dates are, especially when filing a Notice of Motion.                 

     

Important Information and Phone Numbers

Honorable James E. Rafferty

19 N. Broad St.

Courtroom 203

Woodbury, NJ 08096

Surrogate Helene M. Reed

17 N. Broad St.

Woodbury, NJ 08096

Judge's Secretary: (856) 853-3479

Judge's Secretary Fax: (856) 848-6569
Deputy Surrogate: (856) 853-3284
Deputy Surrogate Fax: (856) 853-3311
Judge's Law Clerk: (856) 853-3488
For Transcript Requests please contact: (856) 853-3205
Gloucester County Bar Association please contact: (856)-853-4589
Lawyer Referral please contact: (856)-848-4071

 

Filing Fees

Complaint and Order to Show Cause

$175.00

Answer

$110.00

Notice of Motion

$15.00

Guardianship for Alleged Incapacitated Person

$200.00

 

The following is a checklist for Guardianship Proceedings:

Filing Requirements

Verified Complaint

Plaintiff's Affidavit (or Certification) of real and personal property

Physicians' Affidavit

  1. Note: 2 physicians OR 1 physician & 1 psychologist OR Affidavit of physician endeavored to examine.
  2. Note: Exams must be within 30 days of filing date

If seeking approval for sale of real property - must file Real Estate Appraisers' Affidavits.  Need two Affidavits.

  1. Note: Must be certified or licensed real estate appraisers
Order for hearing- to include appointment by court of Counsel for AIP

Upon Receipt of Executed Order for Hearing

*at least 20 days prior to hearing date

Personal service of notice of proceedings on AIP

Service on persons in interest including court-appointed counsel for AIP

File and Serve Prior to Hearing

*at least 5 days prior to hearing

Include court-appointed counsel for AIP for service
Certification of Personal Service on AIP

Certification of Proof of Service on persons in interest & counsel AIP

Proposed form of Judgment Declaring incapacitation and Appointment of Guardian and other relief pertinent to complaint
Certification of Counsel fees and costs

Actions Upon Entry of Judgment

Meet with Guardian to review statutory obligations and those detailed under the judgment, including below filing requirements
File Guardian's inventory of Assets- within 60 days of judgment
Calendar all deadlines under Judgment

Calendar status reviews with Guardian during first year after appointment. 

(45 days; 90 days; 6 months; one year)


Any questions you may have regarding Superior Court, Probate matters may be directed to the Deputy Surrogate at 856-853-3284.

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