Petition for Pretermitted Child’s Share Lawyer in Bergen County, NJ
If a child is unintentionally omitted from a parent’s will in New Jersey, they may have a right to a “pretermitted” share of the estate under N.J.S.A. 3B:5-15. Filing a petition for a pretermitted child’s share in Bergen County requires action in the Superior Court, Probate Part, in Hackensack. Law Offices Of SRIS, P.C.
New Jersey Law on Pretermitted Children
New Jersey’s pretermitted heir statute is designed to protect children who are unintentionally left out of a parent’s will. The law presumes that a parent would not deliberately disinherit a child unless the will explicitly states that intention. A “pretermitted” child is generally one born or adopted after the execution of the will, who is not mentioned or provided for in the document. The statute allows such a child to receive the share of the estate they would have received if the parent had died without a will (intestate).
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
Understanding the specific statutes and procedures is critical. The official New Jersey Statutes Title 3B (N.J.S.A. 3B:5-15) governs pretermitted heirs. All petitions are filed with the Superior Court of New Jersey, Bergen Vicinage, Probate Part, located in Hackensack.
Procedure for Filing a Petition in Bergen County
Filing a petition for a pretermitted child’s share in Bergen County involves specific steps in the Probate Court. The process is initiated after the will is submitted for probate. You must act within the statutory time limits to assert the child’s claim.
- Review the Will and Death Certificate: Obtain a copy of the filed will and the death certificate to confirm the omission and establish jurisdiction.
- Prepare the Formal Petition: Draft a verified petition detailing the child’s relationship to the decedent, the date of the will, and the basis for the pretermitted share claim.
- File with the Bergen County Surrogate: File the petition, supporting documents, and the required filing fee with the Bergen County Surrogate’s Court in Hackensack, which initiates the probate proceeding.
- Serve Notice on Interested Parties: Legally serve all heirs, beneficiaries named in the will, and the estate’s executor with notice of the petition and a hearing date.
- Attend the Probate Hearing: Present evidence and legal argument at the hearing before a Superior Court judge to establish the child’s right to a share.
- Obtain the Court Order: If successful, the court will issue an order directing the executor to distribute an intestate share of the estate to the pretermitted child.
What a Petition for Pretermitted Child’s Share Involves
In Bergen County, a successful petition for a pretermitted child’s share results in the child receiving the portion of the estate they would inherit under New Jersey’s intestacy laws, which may significantly alter the distribution outlined in the will.
The core of the petition is proving the child qualifies as pretermitted under the law and that the omission was not intentional. The court will interpret the will’s language and may consider outside evidence of the parent’s intent. An affordable petition for pretermitted child’s share lawyer Bergen County can be important in handling these evidence rules and procedural deadlines to secure your child’s rightful inheritance.
Firm Experience in Estate Matters
Law Offices Of SRIS, P.C. was founded in 1997. Our firm handles a wide range of legal matters, including estate and trust issues. We approach each case with a focus on the specific details and legal standards required by New Jersey courts.
Legal Guidance for Your Case
Determining whether a child has a valid claim as a pretermitted heir requires a careful analysis of the will, the family circumstances, and New Jersey law. The procedural requirements in Bergen County are strict. We provide focused legal analysis to evaluate the strength of a claim and guide clients through the petition process.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Estate Lawyers
Our New Jersey location serves clients throughout Bergen County. We are accessible via I-80, the NJ Turnpike, Route 17, and the George Washington Bridge. If you need a petition for pretermitted child’s share lawyer near me Bergen County, our firm is here to help.
Neighborhoods Served: Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, Lyndhurst, and surrounding communities.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions
What is a pretermitted child in New Jersey?
Yes. Under N.J.S.A. 3B:5-15, a pretermitted child is generally a child born or adopted after a parent makes a will, who is not mentioned or provided for in that will. The law presumes the omission was accidental, not intentional.
How long do I have to file a petition in Bergen County?
It depends. The claim must typically be made during the probate of the estate. There are strict deadlines after the will is offered for probate and notice is given. An experienced lawyer can identify the specific timeline that applies to your situation to avoid missing the filing window.
Can an adult child file a petition for a pretermitted share?
Yes. The New Jersey statute applies to any child, regardless of age, who meets the legal definition of being omitted from the will. The key factor is the timing of the child’s birth or adoption relative to the will’s execution, not the child’s current age.
What if the will leaves the child $1? Does that count as being provided for?
Yes. A nominal gift or any specific mention of the child in the will is usually enough to show the parent did not forget the child. In such cases, the child would not be considered pretermitted and would only receive what the will explicitly gives them.
Where is the petition filed in Bergen County?
All petitions regarding wills and estates are filed with the Superior Court of New Jersey, Bergen Vicinage, Probate Part. The Surrogate’s Court is located at 10 Main Street in Hackensack, NJ 07601. This is where the probate process begins.
For related legal assistance, see our pages on Bergen County Business Law or return to our New Jersey Civil Litigation hub. For help in a nearby county, consider our Passaic County Civil Litigation lawyers.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance regarding a petition for pretermitted childs share in Bergen County.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Petition for Pretermitted Childs Share Lawyer Hudson County · Petition for Pretermitted Childs Share Lawyer Monmouth.