Petition for Pretermitted Child’s Share Lawyer in Camden County, NJ

If a parent in Camden County dies without providing for a child in their will, that child may have a legal right to a share of the estate under New Jersey’s pretermitted heir statute, N.J.S.A. 3B:5-15.

Understanding New Jersey’s Pretermitted Child Statute

New Jersey law provides protection for children who are unintentionally omitted from a parent’s will. A “pretermitted” child is one born or adopted after the execution of a will, who is not mentioned or provided for in that document. The governing statute, N.J.S.A. 3B:5-15, presumes that such an omission was not intentional unless the will clearly indicates otherwise. If the presumption holds, the child is entitled to receive the share of the estate they would have received if the parent had died without a will (intestate). This often means an equal share among all the decedent’s children. The law aims to prevent accidental disinheritance and requires specific, clear language in a will to overcome the child’s right to a share.

Last verified: April 2026 | Superior Court of NJ, Camden Vicinage | New Jersey Legislature

Official Legal Resources

For the full text of the statute, review N.J.S.A. 3B:5-15 (official New Jersey Legislature site). Procedural rules for filing in Camden County are available at the Camden Vicinage court website.

The Process for a Petition for Pretermitted Child’s Share in Camden County

Filing a petition for a pretermitted child’s share in Camden County involves specific procedural steps within the probate court system. The process is initiated in the Surrogate’s Court where the will is probated, or in the Superior Court, Chancery Division, Probate Part if the estate is contested or demanding. The key is demonstrating that the child was omitted from the will and that the omission was not explicitly intentional. Camden County courts require strict adherence to filing deadlines, which are typically tied to the date of the decedent’s death or the formal notice of probate.

1. Gather Essential Documents: Obtain the death certificate, the original will, and the birth or adoption certificate of the child. You will also need documentation showing the child’s relationship to the decedent.
2. File a Formal Petition: Prepare and file a verified petition with the Camden County Surrogate’s Court. The petition must state the facts establishing the child’s status as a pretermitted heir and request the court to determine their rightful share of the estate.
3. Serve Notice to Interested Parties: Legally serve the petition on all heirs, beneficiaries named in the will, and the executor or administrator of the estate. This provides them an opportunity to respond or object.
4. Attend Court Hearings: Participate in any scheduled hearings before a judge. Be prepared to present evidence and legal argument supporting the child’s claim.
5. Obtain the Court Order: If successful, the court will issue an order directing the estate’s personal representative to distribute the calculated pretermitted share to the child.

What Is at Stake in a Pretermitted Child Case?

In Camden County, a successful petition for a pretermitted child’s share can secure a significant portion of an estate for a child who was left out of a will, often an equal share with other children.

Results may vary. Prior results do not guarantee a similar outcome.

Why Choose Our Firm for Your Camden County Petition

Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a focused approach to family and estate litigation, including petitions for pretermitted child’s share. We understand the sensitive nature of these cases, which blend emotional family dynamics with strict legal procedures. Our team is prepared to handle the details of New Jersey probate law to advocate for your child’s rightful inheritance.

Our Approach to Your Case

We begin with a detailed review of the will, the family circumstances, and New Jersey’s pretermitted heir statute. We prepare the necessary petition and ensure all procedural requirements for the Camden County court are met. Our goal is to resolve the matter efficiently, but we are prepared to advocate vigorously in court if the estate’s representatives contest the claim.

Our New Jersey location serves clients at Camden County courts. We represent individuals in Camden, Cherry Hill, Gloucester Township, Voorhees, Haddonfield, Collingswood, Pennsauken, Winslow, Haddon Township, Berlin, and Lindenwold. For an affordable petition for pretermitted child’s share lawyer Camden County residents can consult, call for a 24/7 phone consultation — (888) 437-7747 — meetings are by appointment only.

Frequently Asked Questions: Petition for Pretermitted Child’s Share

For more information on related legal services, see our pages on New Jersey Civil Litigation, Burlington County Civil Litigation, and Camden County Business Law.

Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding a petition for pretermitted childs share lawyer Camden County needs.