Who is Considered to be an Interested Party Entitled to Work in Probate Proceedings Under New Jersey Law?

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold NJ Probate Dispute Attorney

New Jersey case law follows the statutory definition of “an interested party” entitled to notice of a pending probate proceeding.  The NJ Probate Code defines an “interested person,” (in relevant part) to be: children, heirs, devisees, spouses, creditors, civil union partners, domestic partners and  any other person having a property right in, or claim against, the estate being administered . . .”

The interest referred to under the law must be an economic one, held by the party either as an individual or in his or her representative capacity, which will be affected by the probate or defeat of the will. In simpler terms it means you must have a financial interest in the estate. An emotional interest, or any other basis other than economic gain or the loss of money or its equivalent has generally been held insufficient, but I question if the non-economic “interest” requirement is meaningful under the law.

The foregoing Rule is general in nature and does not apply to every fact situation. If you are concerned about New Jersey inheritance laws, inheritance rights, have a family dispute, a property dispute or want information about contesting a will or disputing the property of an estate and need help, please contact me personally today.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.