Gloucester County Petition for Pretermitted Child’s Share Lawyer
If a parent in Gloucester County passes away without providing for a child in their will, that child may have a legal claim to a share of the estate under New Jersey’s pretermitted heir statute, N.J.S.A. 3B:5-15.
New Jersey Law on Pretermitted Children
New Jersey law protects children who are unintentionally omitted from a parent’s will. A “pretermitted” or omitted child is generally entitled to receive the same share of the estate they would have received if the parent had died without a will (intestate). This right is established under N.J.S.A. 3B:5-15. The statute presumes that the omission was not intentional unless the will explicitly states otherwise or provides for the child outside of the will. Successfully asserting this claim requires filing a formal petition in the correct court within the statutory deadlines.
Last verified: April 2026 | Superior Court of NJ, Gloucester 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). Probate matters for Gloucester County are handled through the Gloucester Vicinage Superior Court (official NJ Courts site).
The Process for a Petition in Gloucester County
Initiating a claim for a pretermitted child’s share in Gloucester County involves specific probate court procedures. The process typically starts after the will is submitted for probate. You must act quickly, as there are strict time limits to file a petition challenging a will or asserting a claim as an omitted heir. The court will examine the will’s language, evidence of the parent-child relationship, and any proof that the omission was intentional.
- Gather Essential Documents: Obtain the death certificate, the original will filed for probate, and birth certificates or other proof of parentage.
- File a Formal Petition: Draft and file a verified petition with the Gloucester County Surrogate’s Court or Superior Court, Chancery Division, outlining the basis for the pretermitted child claim.
- Serve Notice to Interested Parties: Legally serve the executor or administrator of the estate and all other beneficiaries named in the will with notice of your petition.
- Participate in Discovery & Hearings: Respond to requests for information and prepare for any court hearings where evidence and arguments will be presented.
- Await the Court’s Judgment: The judge will determine if you are a pretermitted heir and, if so, what share of the estate you are entitled to receive.
Why Choose Our Firm for Your Petition
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a focused approach to estate litigation matters. We understand the sensitive nature of these family and legal disputes. Our goal is to assert your legal rights clearly and efficiently within the Gloucester County probate system.
Consult a Gloucester County Lawyer for Your Case
If you believe you or your child were omitted from a will, you need to act promptly. Contact a petition for pretermitted child’s share lawyer near me Gloucester County to discuss your situation. We offer 24/7 phone consultations to evaluate your claim.
In New Jersey, a successful petition for a pretermitted child’s share entitles the child to an intestate share of the estate, which can be a significant portion depending on the surviving family structure.
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) 763-1924
By appointment only.
Our New Jersey location serves clients in Gloucester County and surrounding communities like Woodbury, Washington Township, Deptford, and Monroe Township. We are accessible via major routes like I-295 and Route 55. As an affordable petition for pretermitted child’s share lawyer Gloucester County resource, we provide clear options for representation. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is a pretermitted child in New Jersey?
Yes. A pretermitted child is a child of a deceased person who is not mentioned or provided for in the parent’s will. New Jersey law (N.J.S.A. 3B:5-15) presumes this omission was unintentional, allowing the child to claim a share of the estate equal to what they would receive if there were no will.
How long do I have to file a petition in Gloucester County?
It depends. The timeframe can be demanding. Generally, a petition must be filed within the time limit for challenging the validity of a will, which is often within six months after the will is admitted to probate. However, specific circumstances can affect this deadline, so immediate consultation with an attorney is critical.
Can an adult child file a petition for a pretermitted share?
Yes. The New Jersey statute applies to any child of the deceased, regardless of their age. Whether the child is a minor or an adult, if they were omitted from the will, they may have grounds to file a petition for their intestate share of the parent’s estate.
What if the will says I get nothing?
If the will explicitly states that a child is to receive nothing or is intentionally omitted, the petition for a pretermitted child’s share may be barred. The language must be clear and direct. An attorney can review the will’s specific wording to assess the strength of a potential claim against such a clause.
What happens after I file the petition?
The estate’s executor and other beneficiaries will be served. The court will schedule proceedings, which may involve hearings, discovery, and potentially mediation. The judge will ultimately decide if you are a pretermitted heir and determine the appropriate share of the estate to be distributed to you.
Internal Links: For more on New Jersey estate matters, see our New Jersey Civil Litigation hub. We also assist clients in nearby areas like Camden County and Burlington County. For related legal needs in Gloucester County, consider our business law or contract law services.
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 your petition for pretermitted child’s share in Gloucester County.
Your case in Gloucester 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 Gloucester County that is the Superior Court of NJ, Gloucester Vicinage (15th Vicinage), 70 Hunter Street, Woodbury, NJ 08096, telephone (856) 853-3200, 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 Gloucester 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: Gloucester County NJ lawyers directory · Petition for Pretermitted Childs Share Lawyer Bergen County · Petition for Pretermitted Childs Share Lawyer Hudson County · Petition for Pretermitted Childs Share Lawyer Monmouth.