Petition for Pretermitted Child’s Share Lawyer in Somerset County, NJ
If a child is unintentionally omitted from a parent’s will in New Jersey, they may have a legal claim to a share of the estate. This is known as a pretermitted child’s share. In Somerset County, such claims are governed by N.J.S.A. 3B:5-15 and are filed in the Superior Court, Chancery Division, Probate Part. The Law Offices Of SRIS, P.C.
Understanding New Jersey’s Pretermitted Child Statute
New Jersey law provides protection for children who are not mentioned in a parent’s will. Under N.J.S.A. 3B:5-15, a child born or adopted after the execution of a will is entitled to receive the share of the estate they would have received if the parent had died without a will (intestate), unless it appears from the will that the omission was intentional. This statute is designed to prevent accidental disinheritance.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
The firm’s founder, Mr. Sris, established the practice in 1997 with a commitment to clear, client-focused advocacy in contested legal matters, including estate disputes.
Official Legal Resources
For the exact statutory language, review N.J.S.A. 3B:5-15 (official New Jersey Legislature site). Proceedings are filed with the Superior Court, Somerset Vicinage, which handles probate matters.
Procedure for a Pretermitted Child Claim in Somerset County
Filing a petition for a pretermitted child’s share in Somerset County involves specific steps within the Probate Part. The process requires demonstrating that the child was omitted from the will without clear evidence of intent. The court will examine the will’s language and surrounding circumstances.
- Consult with an attorney to review the will, the child’s birth/adoption date, and gather evidence of the testator’s intent.
- File a formal petition with the Somerset County Surrogate’s Court/Probate Part, outlining the claim under N.J.S.A. 3B:5-15.
- Serve notice of the petition to all other heirs, beneficiaries, and the estate’s executor or administrator.
- Participate in any required hearings where the court will interpret the will and hear arguments on intent.
- Obtain the court’s order, which will either deny the claim or award the child their intestate share of the estate.
Legal Standards and Potential Outcomes
In Somerset County, a successful petition for a pretermitted child’s share results in the child receiving the portion of the estate they would be entitled to under New Jersey’s intestacy laws, which may significantly alter the distribution outlined in the will.
| Claim Element | Legal Standard | Potential Outcome |
|---|---|---|
| Eligibility | Child born/adopted after will was made. | Right to intestate share presumed. |
| Rebuttal by Estate | Evidence omission was intentional. | Petition may be denied. |
| Intestate Share | Determined by N.J.S.A. 3B:5-4. | Court orders distribution of assets. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Estate Matters
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined legal experience to family and estate issues. Our approach is grounded in a detailed understanding of procedural law and a commitment to advocating for our clients’ rightful interests within the legal system.
Contact Our Somerset County Location
If you need to file a petition for a pretermitted child’s share in Somerset County, our firm can advise you. We serve clients in Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
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) 455-5120
By appointment only.
Our New Jersey location represents clients at Somerset County courts. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. For an affordable petition for pretermitted child’s share lawyer Somerset County, contact us to discuss your case.
Petition for Pretermitted Child’s Share FAQs: Somerset County
What is a pretermitted child in New Jersey?
Yes. A pretermitted child is one born or adopted after a parent’s will was signed, who is not mentioned or provided for in that will. New Jersey law presumes such an omission was unintentional.
How long do I have to file a petition in Somerset County?
It depends. A claim should be filed within the timeframe for contesting the will or challenging the estate’s accounting. Delays can prejudice the claim, so immediate consultation with a petition for pretermitted child’s share lawyer near me Somerset County is critical to protect your rights.
Can an adult child file a petition?
Yes. An adult child who meets the criteria of being born after the will was executed can file a petition. The law focuses on the timing of birth relative to the will, not the child’s age at the parent’s death.
What if the will leaves the child $1?
Leaving a nominal sum like $1 is often considered evidence of an intentional omission, which could defeat a pretermitted child claim. The court examines the will’s language to determine the testator’s intent.
Where is the petition filed in Somerset County?
The petition is filed in the Superior Court of New Jersey, Chancery Division, Probate Part, for Somerset Vicinage, located at 20 North Bridge Street in Somerville.
For more information on related legal services, see our pages on Somerset County business law or return to the New Jersey civil litigation overview. You can also learn about similar issues in Bergen County.
Last verified: April 2026. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset 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.