Petition for Omitted Spouse’s Share Lawyer in Camden County, NJ
If you were unintentionally left out of a spouse’s will in Camden County, you have a legal right to claim an omitted spouse’s share under New Jersey law. The Law Offices Of SRIS, P.C. provides focused legal help to file a petition for an omitted spouse’s share in Camden County.
Understanding the Petition for an Omitted Spouse’s Share in New Jersey
New Jersey law provides specific protections for a surviving spouse who was omitted from their deceased spouse’s will. Under N.J.S.A. 3B:5-15, you may have the right to petition the court for an elective share of the estate, often referred to as an omitted spouse’s share. This statute is designed to prevent a spouse from being completely disinherited without their knowledge or consent. The legal process to claim this share is initiated by filing a formal petition in the Superior Court of New Jersey, Probate Part, in the county where the estate is being administered.
Last verified: April 2026 | Superior Court of NJ, Camden Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the New Jersey statutes governing wills and elective shares, refer to the New Jersey Legislature website. For local court procedures and forms, visit the Camden Vicinage court website.
The Process for Filing a Petition in Camden County
Filing a petition for an omitted spouse’s share in Camden County involves specific procedural steps within the Probate Part of the Superior Court. The court requires clear evidence that the omission was unintentional or that the will was executed before the marriage. An experienced petition for omitted spouse’s share lawyer Camden County can handle the mandatory case management conferences and discovery process unique to this type of litigation.
- Gather Documentation: Collect the death certificate, the will, marriage certificate, and any prior agreements like prenuptial contracts.
- File the Petition: Your attorney files a formal petition with the Camden County Surrogate’s Court or Probate Part, stating your claim as an omitted spouse.
- Serve Notice: All heirs, beneficiaries, and the estate’s executor must be legally served with notice of your petition.
- Attend Hearings: Participate in case management conferences and any evidentiary hearings scheduled by the court.
- Negotiate or Litigate: Work towards a settlement with the estate or proceed to a bench trial to determine your rightful share.
- Court Order: Obtain a final court order directing the distribution of your elective share from the estate assets.
Potential Outcomes and Considerations
In Camden County, a successful petition for an omitted spouse’s share typically results in the spouse receiving their statutory elective share of the augmented estate, which can be a significant portion of the assets.
The primary goal is to secure the elective share you are entitled to by law. The value of this share is calculated based on the length of the marriage and the total value of the “augmented estate,” which includes both probate and certain non-probate assets. Defenses raised by the estate may include claims that you waived your rights in a valid agreement or that you were intentionally omitted with your knowledge.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Camden County Petition
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to estate matters. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the sensitive nature of estate disputes and provide assertive, client-focused representation to protect your rights as a surviving spouse.
Case Results and Client Advocacy
While specific results for petitions for omitted spouse’s share in Camden County are not publicly listed, our firm’s extensive litigation background in civil and family law provides a strong foundation for handling these disputes. We approach each case with a detailed strategy aimed at achieving a favorable resolution, whether through negotiation or court litigation.
Results may vary. Prior results do not guarantee a similar outcome.
Petition for Omitted Spouse’s Share Lawyer Near Camden County
Our New Jersey location serves clients throughout Camden County, including Camden, Cherry Hill, Gloucester Township, Voorhees, and Haddonfield. We are accessible via I-76, Route 70, and the PATCO Speedline. If you need an affordable petition for omitted spouse’s share lawyer Camden County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our Tinton Falls location.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Frequently Asked Questions: Petition for Omitted Spouse’s Share
What is an omitted spouse’s share in New Jersey?
Yes. It is a statutory share of an estate that a surviving spouse can claim if they were left out of the deceased spouse’s will, typically equal to one-third of the augmented estate.
How long do I have to file a petition in Camden County?
It depends. The petition must generally be filed within six months after the appointment of the estate’s executor or administrator. A petition for omitted spouse’s share lawyer near me Camden County can confirm the exact deadline for your case, as missing it can waive your rights.
Can I be denied an omitted spouse’s share?
Yes. The court can deny the petition if you signed a valid prenuptial or postnuptial agreement waiving your rights, if the omission was intentional and known to you, or if you abandoned the deceased spouse.
What if my spouse’s will was made before we were married?
In New Jersey, a will executed before marriage is generally presumed to have omitted the new spouse unintentionally. This often strengthens a petition for an omitted spouse’s share, but you must still file the petition formally with the court to claim your rights.
Do I need a lawyer to file this petition?
Yes. The process involves probate law, strict deadlines, formal pleadings, and evidentiary hearings. An experienced petition for omitted spouse’s share lawyer Camden County is essential to properly present your case and handle the Camden County court system.
Related Legal Services in Camden County
Our firm also assists with related matters in Camden County. For business disputes, see our Camden County business lawyer page. For other civil litigation, visit our Camden County civil litigation lawyer page. For a broader view of our New Jersey practice, see our New Jersey probate lawyer hub.
Page last verified: 2026-04. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a petition for omitted spouse’s share.
Your case in Camden County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Camden County that is the Superior Court of NJ, Camden Vicinage (1st Vicinage), 101 South Fifth Street, Camden, NJ 08103, telephone (856) 379-2200, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Camden County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Camden County NJ lawyers directory · Petition for Omitted Spouses Share Lawyer Bergen County, NJ · Petition for Omitted Spouses Share Lawyer Hudson County, NJ · Monmouth County NJ Petition for Omitted Spouses Share Lawyer.