Fill - Free fillable Hall of Records, Room 206 ALTURRICK KENNEY DEVERO (Essex County Surrogate's Court) PDF form

SUCCEEDING EXECUTOR

APPLICATION

Page

Docket No.: ______________

State of New Jersey

Essex County Surrogate’s Court

ALTURRICK KENNEY

SURROGATE

DEVERO D. MCDOUGAL

DEPUTY SURROGATE

Hall of Records, Room 206

Newark, New Jersey 07102

Phone: 973-621-4900 Fax:

973-621-2647

In the matter of the Estate of:

}

APPLICATION FOR LETTERS

TESTAMENTARY TO

SUCCEEDING

EXECUTOR

_____________________________________, Deceased

AKA: _______________________________

The application of ________________________

_______

who resides at

___

__________________________

_____________________________________SSN:______________________, respectfully shows that:

Your applicant(s) is/are

succeeding e

xecutor/rix(s)

named in the last Will and Testament of

________________________________, late of

the

County of

Essex

, State of

New Jersey

, who died on

_______________, leaving a Last Will and Testament wherein ________________________ was named as

executor/rix(s) thereof;

The said Will was duly admitted to probate by the

Surrogate of the County o

f Essex on

_____________, and

Letters Testamentary thereon were thereupon duly issued to __________________

________

3. The said ______________

_________

died

without having completed the administration of the said estate.

Your applicant(s), therefore,

pray(s) that Letters Testamentary upon said Will may be issued to

him/her/them

accordance with the

t Will and Testament.

SUCCEEDING EXECUTOR

APPLICATION

Page

Docket No.: ____________________

STATE

NEW

JERSEY

}

SS.

COUNTY OF ESSEX

______________________________, of full

age, being duly sworn, according to law, upon oath depose(s) and

say(s) that

he/she/they

is/are the applicant(s) in the foregoing application named, and that the matters and things

therein contained are true to the best of applicant(s) knowledge and belie

Subscribed and sworn to before me on

________/________/________

Signature

A Notary Public of the State of New Jersey

My Commission Expires: _____________________

Affix Seal

Attorney of Record:

______________________________________

_________

_____________________________

______________________________________

click to sign

signature

click to edit

Error! AutoText entry not defined. Page 1 of 1

Docket No.: ______________

State of New Jersey

Essex County Surrogate’s Court

Hall of Records, Room 206

DEVERO D. MCDOUGAL

ALTURRICK KENNEY

SURROGATE

Newark, New Jersey 07102

DEPUTY SURROGATE

Phone: 973-621-4900

Fax: 973-621-2654

In the matter of the Estate of:

}

POWER OF ATTORNEY

EXECUTOR

_____________________________________, Deceased

AKA: _______________________________

KNOW ALL MEN BY THESE PRESENTS, that I, _______________________________________________________ residing at

___________________________________________________________, pursuant to the provisions of Revised Statutes 3B:14 - 47

do hereby make, constitute and appoint Alturrick Kenney, Surrogate of the County of Essex, in the State of New Jersey, and their

successors in office, my true and lawful attorney upon whom may be served any and all process affecting the aforesaid estate, or any

interest therein, whereof I am the Executor/rix.

And I do further agree that any process against the aforesaid estate, so served, shall be of the same force and effect as if duly served

upon me within this State.

Signature

STATE

NEW

JERSEY

}

SS.

COUNTY OF ESSEX

IT REMEMBERED, that on this, _________________, before me, the subscriber, a Notary Public of ______________________,

personally appeared _________________________ who I am satisfied is the person named in the foregoing power of attorney, and I

having first made known to them the contents thereof, they did thereupon acknowledge that they signed, sealed and delivered the said

power of attorney as their voluntary act and deed, for the uses and purposes therein expressed.

____

__________________________________________

Notary Public of the State of ___________________________

My Commission Expirees________________

Affix Seal

3_EXECUTOR_QUALIFICATION Page 1 of 1

Docket No.: _______________

State of New Jersey

Essex County Surrogate’s Court

Hall of Records, Room 206

DEVERO D. MCDOUGAL

ALTURRICK KENNEY

SURROGATE

Newark, New Jersey 07102

DEPUTY SURROGATE

Phone: 973-621-4900

Fax: 973-621-2654

In the matter of the Estate of:

}

EXECUTOR QUALIFICATION

________________________________________________, Deceased

AKA: __________________________________________

_______________________________________, the Executor/rix, in the annexed writing named, being duly sworn on oath, says,

the annexed writing contains the true last Will and Testament, of ___________________________, the testator/rix therein named,

deceased, as far as they know and verily believe; that __________________________________-, the executor/rix thereof , well and

truly perform the same, first by paying the debts of said deceased, and then the legacies therein specified, as far as the goods, chattels

and credits of said deceased will thereunto extend, and the law charges; that _____________________________ will, when lawfully

required, make and exhibit unto the Surrogate's Court of the County of Essex, a true and perfect inventory of all and singular the said

goods, chattels and credits as far as the same have or shall come to said possession or knowledge, or to the possession of any other

person or persons for said use, with said knowledge; and that ________________________________ will well and truly account

when thereunto lawfully required, and that said testator/rix died on ______________________.

Signature

Subscribed and Sworn to before me on

_____________________ , 20 ___

_________________________________________________

Notary Public of the State of New Jersey

My Commission Expires: ____________________________

Affix Seal

Docket No.: ______________

State of New Jersey

Essex County Surrogate’s Court

ALTURRICK KENNEY Hall of Records, Room 206

SURROGATE Newark, New Jersey 07102

DEVERO D. MCDOUGAL

DEPUTY SURROGATE

Phone 973-621-4900

Fax 973-621-2647

_____________________________, Deceased VERIFICATIONS:

AKA: CHILD SUPPORT

NOTICE OF PROBATE

State of New Jersey

} ss

County of Essex

KNOW ALL MEN BY THESE PRESENTS, that I hereby certify that I have been given a

copy of:

_________ N.J.S.A. 2A:17-56.23b, Judgment for Child Support Lien Against Net Proceeds

of Settlement: Priority, advising me as to my obligation to determine if child support arrearages

exist against any beneficiary entitled to receive more than $2,000.00 and to satisfy same prior to

disbursement of funds payable to said beneficiary identified as owing said child support.

_________ New Jersey Court Rule 4:80-6, Notice of Probate of Will, advising me as to my

obligation to send notice of the probate of a Will to beneficiaries and all persons designated by Rule

4:80-1(a)(3), including the testator’s spouse, heirs, next of kin, and any other persons entitled to

letters.

___________________________

Signature

Print Name:

Subscribed and sworn to before me

this day of , 20 .

__________________________

Notary Public/Attorney at Law

New Jersey Permanent Statutes

Title 2A Administration of Civil and Criminal Justice

2A:17-56.23b JUDGMENT FOR CHILD SUPPORT LIEN AGAINST NET PROCEEDS OF SETTLEMENT: PRIORITY

1. a. A judgment for child support entered pursuant to P.L.1988, c.111 (C.2A:17-56.23a) and docketed with

the Clerk of the Superior Court shall be a lien against the net proceeds of any settlement negotiated prior or

subsequent to the filing of a lawsuit, civil judgment, civil arbitration award, inheritance or workers' compensation

award. The lien shall have priority over all other levies and garnishments against the net proceeds of any

settlement negotiated prior or subsequent to the filing of a lawsuit, civil judgment, civil arbitration award, inheritance

or workers' compensation award unless otherwise provided by the Superior Court, Chancery Division, Family Part.

The lien shall not have priority over levies to recover unpaid income taxes owed to the State. The lien shall stay

the distribution of the net proceeds to the prevailing party or beneficiary until the child support judgment is satisfied.

As used in this act "net proceeds" means any amount of money, in excess of $2,000, payable to the prevailing

party or beneficiary after attorney fees, witness fees, court costs, fees for health care providers, payments to the

Medicaid program under section 6 of P.L.1979, c.365 (C.30:4D-7.1), reimbursement to the Division of Employment

Security in the Department of Labor, the employer or employer's insurance carrier for temporary disability benefits

that may have been paid pending the outcome of a workers' compensation claim as provided by section 1 of

P.L.1950, c.174 (C.34:15-57.1), reimbursement to an employer or the employer's workers' compensation insuranc

carrier as provided in R.S.34:15-40,

and other costs related to the lawsuit, inheritance or settlement are deducted

from the awar

d, proceeds or estate; "prevailing party" or "beneficiary" shall not include a partnership, corporation,

limited liability partnership, financial institution, government entity or minor child; and "agent" means an authorized

representative of the prevailing party or beneficiary, a union representative, an executor or administrator of a

decedent's estate, an arbitrator or any other person or entity if such person or entity is responsible for the

distribution of net proceeds to a prevailing party or beneficia

ry.

b. Before distributing any net proceeds of a settlement, judgment, inheritance or award to the prevailing

party or beneficiary:

) the prevailing party or beneficiary shall provide the attorney, insurance company or agent responsible

r the final distribution of such funds with a certification that includes the prevailing party's or beneficiary's full

name, mailing address, date of birth and Social Security number; and

(2) the attorney representing the prevailing party or beneficiary shall initiate a search of child suppor

judgments, through a private judgment search company that maintains information on child support judgments, to

det

ermine if the prevailing party or beneficiary is a child support judgment debtor.

If the prevailing party or beneficiary is not represented by an attorney, the judgment search shall be initiated by the

opposing attorney, insurance company or agent before the proceeds are distributed to the prevailing party or

beneficiary. In the case of a workers' compensation action, the Administrative Office of the Courts shall, at least

once every 60 days, transmit information on child support judgment debtors to the Division of Workers'

Compensation in the Department of Labor. The information shall include the debtor's name, Social Security

number, the amount of the child support judgment, the Probation Division case number and the Probation Division

office to which the judgment is payable. The Division of Workers' Compensation shall match the data received on

child support judgment debtors against the information it maintains for individuals who have filed workers'

compensation claims with the division. When a match is identified, the Division of Workers' Compensation shall

notify the appropriate judge of compensation of the child support judgment before the decision, award,

determination, judgment or order approving the settlement is rendered. The judge of compensation shall

incorporate in the decision, award, determination, judgment or order approving the settlement, an order requiring

the employer or the employer's insurance carrier to contact the Probation Division to satisfy the child support

judgment out of the net proceeds of the workers' compensation award, order or settlement before any such monies

are paid to the employee. The Division of Workers' Compensation shall be immune from any civil liability that may

arise from any information provided by the division or any order issued by a judge of compensation relating to a

child support judgment, in accordance with this section. In the case of judgments or settlements resulting from a

labor arbitration involving employees of a school board or school district, a judgment search shall be initiated by the

school board or district prior to the release of any net proceeds to the employees and only if there is an income

withholding for child support active against the employee in the records of the school board or district. In the case

of an inheritance, the executor or administrator of the decedent's estate shall initiate the judgment search. The

judgment search company shall provide a certification to the attorney, insurance company, agent or party initiating

the lawsuit identifying whether or not the prevailing party or beneficiary is a child support judgment debtor.

In the case of net proceeds that are to be paid through a structured settlement or other payment plan, the attorney,

insurance company or agent shall be required to conduct the child support judgment search only at the time of

settlement or prior to the distribution of the first payment under the plan. If a child support judgment is identified,

the attorney, insurance company or agent shall provide the Probation Division with a copy of the structured

settlement or payment plan within 30 days of identifying the child support judgment.

If there are no attorneys representing either party in a civil lawsuit, the party bringing the lawsuit shall initiate the

judgment search and shall be required to file the certification with the court at least 10 working days prior to the trial

or with the stipulation that the certification shall be filed at the time of the settlement or dismissal of the lawsuit.

For monies deposited with the court, no distribution of funds shall be made until the attorney, prevailing party or

beneficiary provides the Clerk of the Superior Court with a copy of the certification showing that the prevailing party

or beneficiary is not a child support judgment debtor.

The fee for a judgment search which is required by this section shall not exceed $10 for each name of a child

support judgment debtor that is searched. The fee for a judgment search is chargeable against the net proceeds as

a cost of the settlement, judgment, inheritance or award.

c. If the certification shows that the prevailing party or beneficiary is not a child support judgment debtor,

the net proceeds may be paid to the prevailing party or beneficiary immediately. If the certification shows that the

prevailing party or beneficiary is a child support judgment debtor, the attorney, insurance company or agent that

initiated the search shall contact the Probation Division of the Superior Court to arrange for the satisfaction of the

child support judgment. The attorney, insurance company or agent shall notify the prevailing party or beneficiary o

the intent to satisfy the child support judgment prior to the disbursement of any funds to the prevailing party or

beneficiary. Upon receipt of a warrant of satisfaction for the child support judgment, the attorney, insurance

company or agent shall pay the balance of the settlement, judgment, award or inheritance to the prevailing party or

beneficiary. 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.

If there are no attorneys representing either party in a civil lawsuit and the certification filed with the court shows

that the prevailing party or beneficiary is a child support judgment debtor, the court shall order that the opposing

party pay the amount of the child support judgment to the Probation Division before any funds are paid to the

prevailing party or beneficiary. The court shall also insure that any judgment related to the lawsuit docketed with

the Clerk of the Superior Court reflect the Probation Division's superior claim to such funds.

d. An attorney, insurance company or agent shall not be liable for distributing net proceeds to the

prevailing party or beneficiary based on the results of a judgment certification showing the prevailing party or

beneficiary is not the debtor of a child support judgment, if it is later shown that the prevailing party or beneficiary

provided inaccurate personal information on the initial certification to the attorney, the insurer or agent.

e. An attorney, insurance company or agent who, in accordance with this act, satisfies a child support

judgment from the net proceeds of a settlement, judgment, inheritance or award, shall not be liable for payments

which otherwise would have been made pursuant to subsection a. of this section which were not so identified to t

attorney, insurance company or agent at the time of satisfaction.

f. An attorney, insurance company or agent who, in accordance with this act, satisfies a child suppor

judgment from the net proceeds of a settlement, judgment, inheritance or award, shall not be liable to the prevailing

party or beneficiary or to that party's creditors.

g. An attorney shall not be required to challenge a child support judgment unless retained by the prevaili

party or beneficiary to do so.

h. A private judgment search company is prohibited from using any information provided by an attorney,

insurance company or agent in accordance with this act for any purpose other than: (1) determining if the prevailing

party or beneficiary is the debtor of a child support judgment; and (2) preparing a certification as required pursuant

to subsection b. of this section.

i. To the extent feasible and permitted by the Rules of Court, the Administrative Office of the Courts may

share information on a child support judgment debtor with an insurance carrier for the sole purpose of complying

with the provisions of P.L.2000, c.81 (C.2A:17-56.23b et al.).

CHARLES JONES, A LexisNexis Company = P.O. Box 8488, Trenton, NJ 08650-0488

(609 538-1000 or (800) 792-8888 - Fax (609) 882-4371 - www.charlesjones.com

* INFORMATION NEEDED FOR SEARCH *

Full Name/Also Known As * Mailing Address * Date of Birth * Social Security

THIS NOTICE IS PROVIDED TO INTERESTED PARTIES AS A CONVENIENCE

AND IN NO WAY IMPLIES ENDORSEMENT OF THIS PROVIDER OR ITS SERVICES.

Notice of Probate & Proof of Mailing - REQUIREMENTS

Rule 4:80-6, N.J. Court Rules, 1969, effective September 4, 1990, requires personal

representatives to send notice of the probate of a Will to beneficiaries and all persons

designated by Rule 4:80—1(a)(3), including the testator’s spouse, heirs, next of kin,

and any other persons entitled to letters.

The notice is required to state the name and address of the personal representative*

and that a copy of the Will may be requested from the personal representative. In the

case of a charitable bequest, however, the Attorney General of the State of New Jersey

is entitled to a copy of the Will with the notice. If the names and addresses of all

personal entitled to notice are unknown and cannot be ascertained upon reasonable

inquiry, a notice of probate must be published.

Proof of Mailing of the notice must be filed with the Surrogate within 10 days thereof.

The filing fee, payable to “Essex County Surrogate,” is $5.00 per page.

* The term “personal representative” is used in lieu of executor/trix

and administrator with the Will annexed.

=======================================

For your information, the full text of Rule 4:80-6, from the Current New Jersey Court

Rules, follows:

4:80-6. Notice of Probate of Will

Within 60 days after the date of the probate of a will, the personal

representative shall cause to be mailed to all beneficiaries under the

will and to all persons designated by R. 4:80-1(a)(3), at their last

known addresses, a notice in writing that the will has been probated,

the place and date of probate, the name and address of the personal

representative and a statement that a copy of the will shall be

furnished upon request. Proof of mailing shall be filed with the

Surrogate within 10 days thereof. If the names or addresses of any of

those persons are not known, or cannot by reasonable inquiry be

determined, then a notice of 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, like notice and a copy of the will shall be

mailed to the Attorney General.

Note: Source-R.R. 4:99-7; former R. 4:80-8 amended and rule redesignated June 29, 1990 to be

effective September 4, 1990.

Docket No.: ______________

State of New Jersey

Essex County Surrogate’s Court

ALTURRICK KENNEY Hall of Records, Room 206

SURROGATE Newark, New Jersey 07102

DEVERO D. MCDOUGAL

DEPUTY SURROGATE

Phone 973-621-4900

Fax 973-621-2647

In the Matter of the Estate of

NOTICE OF PROBATE OF WILL

_____________________________, Deceased PURSUANT TO RULE 4:80-6

AKA:

TO:

PLEASE TAKE NOTICE that the Will of _______________________________ ,

who died on ____________________, 20____, was admitted to probate by the

Surrogate of Essex County, New Jersey, on _____________________, 20 ____.

You are entitled to have a copy of the Will upon request to the personal representative

(Executor/Executrix), ____________________________________, at the address

provided below.

Dated:

______________________ _________________________________

Signature

Address of

Personal Representative:

_________________________________

____________________________________

click to sign

signature

click to edit

Docket No.: ______________

State of New Jersey

Essex County Surrogate’s Court

ALTURRICK KENNEY Hall of Records, Room 206

SURROGATE Newark, New Jersey 07102

DEVERO D. MCDOUGAL

DEPUTY SURROGATE

Phone 973-621-4900

Fax 973-621-2647

In the Matter of the Estate of

PROOF OF MAILING OF

_____________________________, Deceased NOTICE OF PROBATE OF WILL

AKA: PURSUANT TO RULE 4:80-6

I, ____________________________, residing at ________________________________________,

certify as follows:

1. I am the Executor/Executrix of the above estate.

2. On_________________________, 20 ______, I forwarded Notice(s) of Probate of Will to all

next of kin and to all beneficiaries named in the Will of _________________________________.

3. I forwarded copies of the attached notice(s) by (Select the method you used):

__________ Regular Mail __________ Express Mail

__________ Certified Mail __________ Hand Delivery

To the following:

Name(s)_______________________ Address(es)___________________________________

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing

statements made by me are willfully false, I am subject to punishment.

Dated:________________________ ___________________________

Signature

Error! AutoText entry not defined. Page 1 of 1

Docket No.: _________________

State of New Jersey

Essex County Surrogate’s Court

Hall of Records, Room 206

DEVERO D. MCDOUGAL

ALTURRICK KENNEY

SURROGATE

Newark, New Jersey 07102

DEPUTY SURROGATE

Phone: 973-621-4900

Fax: 973-621-2654

In the matter of the Estate of:

}

CERTIFICATION AS TO

SELF PROOF WILL

Pursuant to R.S. 3B:3-4 OR R.S. 3B:3-5

and as amended

___________________________________________, Deceased

AKA: _____________________________________

The Last Will and Testament of _____________________________, deceased having been duly presented to

the Essex County Surrogate’s Court for Probate and upon an examination of same, it is hereby. determined that

the signature thereon purporting to be that of the testator/rix was duly attested by at least two subscribing

witnesses and, the said Will having been made self-proving by the acknowledgment thereof by the affidavits of

the testator/rix and the affidavits of the witnesses, each made before an officer authorized pursuant to R.S. 46:

14-6, 46: 14-7 or 46: 14-8 to take acknowledgments and proof of instruments entitled to be recorded under the

laws of this State, attached or annexed to the Last Will and Testament, all pursuant to R.S. 3B:3-4 and R.S.

3B:3-5 and as amended.

Said Last Will and Testament having been properly executed as self-proving and no further proof being

necessary as to its proper execution.

____________________________________

Special Probate Clerk

Date: ______/______/20____

Download
Save PDF to desktop

Email
Email completed PDF

Send for Signing
Email for others to sign

Print
Print document

NAME

Hall of Records, Room 206 ALTURRICK KENNEY DEVERO (Essex County Surrogate's Court)

View Audit Log
Print With Audit Log
Duplicate Document

Fill Online, Printable, Fillable, Blank Hall of Records, Room 206 ALTURRICK KENNEY DEVERO (Essex County Surrogate's Court) Form

Related forms

Fillable Hall of Records, Room 206 ALTURRICK KENNEY DEVERO (Essex County Surrogate's Court)

Fill Online, Printable, Fillable, Blank Hall of Records, Room 206 ALTURRICK KENNEY DEVERO (Essex County Surrogate's Court) Form

Related forms

First 20 documents completely FREE!