Filing A Claim Against An Estate In Nj In Bronx
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In New Jersey, the statute of limitations for suing a deceased person's estate depends on the nature of the claim. The general rule is that claims against a decedent's estate must be filed within six months from the date of the decedent's death.
After someone dies, certain individuals have a legal right to make a claim to the estate if they feel that they haven't been adequately provided for in the deceased's will. These individuals include the deceased's spouse and their children, amongst others.
Pursuant to NJ Statute 3B:22-4, creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.
Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as his decedent had immediately prior to death.
This 10-day period allows for the filing of a caveat by an heir at law or beneficiary in a prior last Will. The probate process is initiated with the presenting of the original Will together with a certified copy of the death certificate and list of heirs at law to the Surrogate by the named executor.
Generally speaking, the time limit for a person or family member to claim an inheritance in New York State is two years from the date of the decedent's death. There are exceptions the place the statute of boundaries might also be longer or shorter depending on the circumstances.
