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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36233
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I am the sole executor to my mothers will. I am told that in

Customer Question

I am the sole executor to my mothers will. I am told that in NJ I need to notify next of kin even if they are not in the
will. My sister passed away many years ago. I can't find anything online that spells this out. I called a lawyer in Ocean County and they said this is only true of bergen county. It doesn't seem right?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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You have been given correct information as under NJ Rule 4:80-6 the executor has a legal duty to notify all next of kin and list them with any contact information so that they can be notified about the petition for appointment as executor and have an opportunity to object if they want to. If they don't respond or don't file any objection then the appointment would be approved by the judge and you could proceed with the administration of the estate.

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But it isn't only a Bergen county rule, it is a NJ state rule..

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4:80-6. Notice of Probate of Will

Within 60 days after the date of the probate of a will, the personal representative 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.

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4:80-1. Application

(3) the names and addresses of the spouse, heirs, next of kin and other persons, if any, entitled to letters, and their relationships to decedent, and, to the best of the applicant's knowledge and belief, identifying any of them whose names or addresses are unknown and stating further that there are no other heirs and next of kin;

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thanks

Barrister