Notice of Probate and Child Lien Search
A Message Distributed by the Hunterdon County Surrogate
Important to remember the following 2 items when managing an estate:
I. An executor MUST complete a Notice of Probate of Will within 60 days from the date of the probate of the will.
Who: A written notice to:
all beneficiaries named in will;
next of kin
What: This is a notice in writing stating
A. the place and date of probate ,
B. the name and address of the executor/personal representative, and
C. a statement that a copy of the Will will be furnished upon request .
Where, When & How : A proof of mailing of the above notice shall be filed with the Surrogate within 10 days after the mailing of the notice.
When filing the proof of Mailing of the Notice of Probate,
filing fee at the Surrogate’s Court is $5.00 per page. Mail the copy of the Notice to Hunterdon County Surrogate’s Court, 65 Park Avenue, PO Box 2900, Flemington, NJ 08822. Please submit a check payable to Hunterdon County Surrogate.
NOTE: If the names and addresses of any of these persons are not known, or cannot by reasonable inquiry be determined, then a notice of the probate of the will shall be published in a newspaper of general circulation in the county naming or identifying those persons as having a possible interest in the probate estate.
If by the terms of the will property is devoted to a present or future charitable use or purpose, this notice of probate and a copy of the will shall be mailed to:
Attorney General of New Jersey, Division of Law and Public Safety
Division of Law, Richard J. Hughes Justice Complex, 25 Market Street
PO Box 112
Trenton, NJ 08625-0112
*Certified mail is NOT required by this rule. (Rule 4: 80-6)
II. Pursuant to NJSA2A:17-56.23b an executor or administrator shall initiate a child support judgment search for ANY beneficiary who is receiving $2,000 net proceeds (after court costs, attorney’s fees, medical costs, etc.) or more from an estate.
A. The beneficiary shall provide the attorney, insurance company, or agent responsible for the distribution of such funds with a certification that includes: beneficiary’s full name, mailing address, date of birth, and Social Security number.
B. The executor or administrator shall initiate a search of child support judgments, through a private search company that maintains information on child support judgments, to determine if the beneficiary is a child support judgment debtor. This search shall not exceed $10 per name that is searched. This fee is chargeable against the net proceeds as a cost of the inheritance.
C. If the certification from the search company shows the beneficiary is NOT a child support judgment debtor, the net proceeds may be disbursed immediately.
D. If the certification from the search company shows the beneficiary IS a child support judgment debtor:
1. The executor or administrator shall contact the Probation Division of the Superior Court to arrange for the satisfaction of the child support judgment.
2. The administrator or executor shall notify the beneficiary of the intent to satisfy the child support judgment prior to the disbursement of any funds to the beneficiary.
3. Upon receipt of a warrant of satisfaction for the child support judgment, the executor or administrator shall pay the balance of the inheritance to the beneficiary.
4. If the net proceeds are less than the amount of the child support judgment, the entire amount of the net proceeds shall be paid to the Probation Division as partial satisfaction of the judgment.
A Note About Private Search Companies:
One is listed in NJ
Signature Information Solutions, LLC
PO Box 18368
Trenton , NJ 08650-0488
Phone: (800) 792-8888
We will update this space as we receive more information.