Burlington County Petition for Spousal Elective Share Lawyer — Protect Your Inheritance
If your spouse passed away and their will disinherits you, you have a right to an elective share of their estate under New Jersey law. Filing a petition for spousal elective share in Burlington County Superior Court is a strict, time-sensitive process. Law Offices Of SRIS, P.C. provides experienced legal guidance to protect your statutory inheritance rights.
Understanding the Spousal Elective Share in New Jersey
A surviving spouse in New Jersey has a statutory right to claim a portion of their deceased spouse’s estate, regardless of the terms of the will. This right, known as the elective share, is governed by N.J.S.A. 3B:8-1 et seq.. The law is designed to prevent a spouse from being completely disinherited. The elective share is generally one-third of the “augmented estate,” which includes not just probate assets but also certain non-probate transfers like jointly held property and some trusts.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the law, review the New Jersey Statutes Title 3B (N.J.S.A. 3B:8-1). For local court procedures and forms, visit the Burlington Vicinage official website.
The Petition Process and Local Procedural Edge in Burlington County
To claim your elective share, you must file a formal petition in the Superior Court, Probate Part, in the county where the estate is being administered. In Burlington County, this is at the courthouse in Mount Holly. The petition must be filed within six months after the appointment of the executor or administrator, not to exceed nine months from the date of death. Missing this deadline is an absolute bar to your claim.
- Consult an Attorney Immediately: Time is the most critical factor. Gather the death certificate and any estate documents you have.
- Investigation & Valuation: Your attorney will work to identify and value all assets that may be part of the augmented estate.
- File the Petition: Your lawyer will prepare and file the formal “Election to Take Against the Will” with the Burlington County Surrogate’s Court/Probate Part.
- Serve Notice & Negotiate: All beneficiaries and the estate’s personal representative must be served. Settlement discussions often occur at this stage.
- Litigation if Necessary: If an agreement cannot be reached, the court will schedule hearings to determine the valid augmented estate and your rightful share.
- Distribution: Upon court order, your elective share will be distributed from the estate assets.
Consequences of Filing an Elective Share Petition
In Burlington County, filing a petition for spousal elective share fundamentally alters the distribution of the estate, often skilled to litigation over asset valuation and classification.
| Action | Primary Legal Effect | Financial Impact | Timeline |
|---|---|---|---|
| Filing the Election | Renounces any gift under the will. | You receive a statutory share (typically 1/3 of augmented estate) instead of the will’s provision. | Must be filed within 6 months of executor appointment. |
| Litigation Over Augmented Estate | Court determines which non-probate assets are included. | Can significantly increase or decrease the value of the share. | Can extend estate administration by 12+ months. |
| Successful Claim | Court orders distribution of elective share. | You receive your statutory portion, which may be taken in kind or in cash. | After court order, distribution follows estate timeline. |
| Missing Deadline | Absolute forfeiture of right to elective share. | You are bound by the terms of the will, which may disinherit you. | Deadline is strictly enforced. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Elective Share Petition
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to estate and family law matters. Our “Advocacy Without Borders” philosophy means we approach each case with dedicated, full representation. We understand the emotional and financial stakes of an elective share claim and provide clear, strategic guidance through the Burlington County court system.
Our Approach to Elective Share Cases
While specific local case counts are not available for this niche area, our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We apply this extensive litigation experience to estate disputes. We meticulously analyze the augmented estate, prepare persuasive petitions, and advocate strongly in settlement conferences or at trial in Burlington County Superior Court.
Results may vary. Prior results do not guarantee a similar outcome.
Petition for Spousal Elective Share Lawyer Near Me Burlington County
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Burlington City. We are accessible via NJ Turnpike and I-295.
Contact Us for an Affordable Petition for Spousal Elective Share Lawyer Burlington County
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
24/7 phone consultations. Meetings by appointment only.
FAQs: Petition for Spousal Elective Share in NJ
What is the deadline to file for an elective share in New Jersey?
It must be filed within six months after the appointment of the estate’s executor or administrator. This deadline cannot exceed nine months from the date of death. Missing this deadline forfeits your right.
Can I get an elective share if my spouse left everything to someone else?
Yes. The purpose of the elective share law is to prevent disinheritance. You renounce the will’s terms and claim your statutory share of the augmented estate, which may include assets not directly in the will.
What is included in the “augmented estate” for the elective share calculation?
It includes the probate estate plus certain non-probate transfers your spouse made, such as assets in revocable trusts, some jointly held property where rights of survivorship exist, and certain gifts made shortly before death. The calculation is demanding and often requires legal and financial analysis.
Do I need a lawyer to file a petition for elective share?
It is highly advisable. The process involves strict deadlines, valuation of assets, formal court petitions, and potential litigation. An experienced lawyer ensures your rights are protected and the augmented estate is properly calculated.
How long does the elective share process take in Burlington County?
It depends. If all parties agree on the augmented estate’s value, it can be resolved in a few months. If litigation is required over asset inclusion or value, the process can extend the estate administration by a year or more.
Related Legal Services in Burlington County
If you are dealing with estate issues, you may also need guidance on: Business Law in Burlington County, Contract Disputes, or broader New Jersey Civil Litigation. We also assist clients in neighboring areas like Camden County.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a petition for spousal elective share in Burlington County.
Your case in Burlington 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 Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Burlington 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: Burlington County NJ lawyers directory · Petition for Spousal Elective Share Lawyer Bergen County, NJ · Petition for Spousal Elective Share Lawyer Hudson County, NJ · Petition for Spousal Elective Share Lawyer Monmouth County.