From our “Ask a Question” mailbag: My brother has filed a will with the Surrogate that I believe is not my mother’s will. I want to contest the will, but how long do I have to file the will challenge?
Once the will is filed and accepted by the Surrogate, to challenge the will you must have a complaint filed in the proper format with the New Jersey Superior Court Clerk. If you are a New Jersey resident, you only have four months to file the complaint. if you live outside New Jersey, you have six months.
This is a very short amount of time. So, if you are serious about filing a will contest, I suggest that you have the matter reviewed by an experienced will challenge attorney. A will contest is a long, expensive process which should not be entered into blindly. By retaining a lawyer who regularly handles these matters you will likely save yourself time and a great deal of money.