Burlington County Petition for Omitted Spouse’s Share Lawyer
If you were unintentionally left out of a spouse’s will in Burlington County, you have a legal right to claim a statutory share of the estate. Filing a petition for an omitted spouse’s share is a time-sensitive process governed by New Jersey law. The Law Offices Of SRIS, P.C. provides focused legal guidance to protect your inheritance rights in Mount Holly and throughout Burlington County.
Understanding the Omitted Spouse’s Share in New Jersey
New Jersey law provides protection for a surviving spouse who is omitted from their deceased spouse’s will. This is not an automatic process; you must actively file a petition for an omitted spouse’s share to claim your statutory inheritance. The right is established under N.J.S.A. 3B:5-15, which allows a surviving spouse to receive a share of the estate as if the deceased spouse had died without a will (intestate), provided certain conditions are met.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
The firm’s founder, Mr. Sris, brings a deep understanding of estate litigation procedures, having founded the practice in 1997 with a commitment to clear, client-focused advocacy in contested legal matters.
Official Legal Resources
For the exact statutory language, review N.J.S.A. 3B:5-15 (official New Jersey Legislature site). All petitions are filed with the Superior Court, Burlington Vicinage Probate Part in Mount Holly.
The Process for Filing a Petition in Burlington County
The key procedural fact in Burlington County is that the Probate Part of the Superior Court handles all petitions for an omitted spouse’s share. The process is formal and requires strict adherence to court rules and deadlines. You typically have six months from the date the will is admitted to probate to file your petition.
- Gather documentation proving your marriage and the death of your spouse.
- Obtain a copy of the will and the probate filing documents from the Surrogate’s Court.
- Draft and file a formal petition with the Burlington County Superior Court Probate Part.
- Serve notice of the petition on all interested parties, including the executor and other heirs.
- Participate in any required settlement conferences or court hearings.
- Obtain the court’s order granting your statutory share of the estate.
What an Omitted Spouse Can Claim
In Burlington County, a successful petition for an omitted spouse’s share typically grants the surviving spouse one-third of the estate’s augmented value if there are surviving descendants, or one-half if there are not.
| Scenario | Statutory Share | Key Consideration |
|---|---|---|
| Deceased spouse has surviving children or descendants | 1/3 of the augmented estate | The “augmented estate” may include certain non-probate assets. |
| Deceased spouse has no surviving descendants | 1/2 of the augmented estate | This share is taken after debts and expenses are paid. |
| Spouse was provided for outside the will (e.g., trust) | Share may be reduced or barred | The court examines if the transfer was intended in lieu of a testamentary share. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Approach to Estate Litigation
Founded in 1997, the Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” Our approach to petitions for an omitted spouse’s share combines a detailed analysis of the estate’s assets with a strategic understanding of Burlington County court procedures. We focus on efficiently asserting your statutory rights to achieve a timely resolution.
Legal Guidance for Burlington County Residents
When seeking a petition for omitted spouse’s share lawyer near me Burlington County, it is important to choose counsel familiar with the local court. We have assisted clients in communities like Mount Laurel, Moorestown, and Medford in asserting their inheritance rights. Each case demands a careful review of the will, the marital relationship, and the estate’s composition to build a compelling petition.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Jersey 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) 651-0900
By appointment only.
Our New Jersey location serves clients at Burlington County courts. We are accessible via the NJ Turnpike and I-295. We provide 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve communities throughout the area including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
Frequently Asked Questions
What is a petition for an omitted spouse’s share?
It is a formal legal request filed with the probate court by a surviving spouse who was left out of their deceased spouse’s will, asking the court to grant them the share of the estate they are entitled to by state law.
How long do I have to file a petition in New Jersey?
You generally have six months from the date the will is formally admitted to probate to file your petition. Missing this strict deadline can result in a complete bar to your claim, making immediate consultation with a petition for omitted spouse’s share lawyer Burlington County essential.
Can I claim a share if we were separated but not divorced?
It depends. If you were legally married at the time of death, you typically retain your rights as a surviving spouse. However, a separation agreement that waives inheritance rights, or proof that the omission was intentional, can affect your claim.
What if I was provided for in a trust instead of the will?
The court will examine whether the transfer via trust or other means was intended to be in lieu of a testamentary share. An affordable petition for omitted spouse’s share lawyer Burlington County can analyze these arrangements to determine if your statutory share rights are still viable.
What assets are included in the “augmented estate”?
The augmented estate often includes the probate estate plus certain non-probate transfers the deceased made during their life, such as some joint accounts, revocable trusts, or payable-on-death accounts, as defined under New Jersey law.
Related Legal Services in Burlington County
If you are dealing with estate matters, you may also need guidance on business succession in Burlington County or contract disputes in Burlington County. For broader New Jersey resources, visit our New Jersey civil litigation hub page. We also assist clients in neighboring areas like Camden County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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 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.