Finding out that you’ve been excluded from a loved one’s will—especially when you expected to be included—can be emotionally overwhelming. During a time that’s already difficult, you may be left with questions: Can I contest a will in New Jersey if I was left out? Do I have any legal rights at all?
If you’re considering whether to contest a will, it helps to work with a legal team that understands both the emotional weight of these matters and the procedural requirements of New Jersey probate courts. Attorney Michael D. Ritigstein and the team at Ritigstein Law bring a thoughtful, detail-oriented approach to helping individuals in South Jersey evaluate their rights and take meaningful next steps during an uncertain time.
In some situations, the answer may be yes. But contesting a will in New Jersey isn’t based on hurt feelings or fairness alone. State law allows for will contests, but only under specific legal grounds and within a limited timeframe.
If something doesn’t sit right or feels suspicious, it’s worth learning your rights. Understanding when, why, and how a will can be challenged is the first step toward protecting what may be your rightful interest in an estate.
What Does It Mean to Contest a Will?
Contesting a will means formally challenging its legal validity in probate court. It’s not about disagreeing with how assets were distributed—it’s about proving that the will may not reflect the true intentions of the person who created it.
These challenges exist to protect against fraud, coercion, or other misconduct that could compromise the fairness of the estate distribution process.
Legal Grounds for Contesting a Will in New Jersey
In New Jersey, you can’t contest a will just because you were surprised or disappointed by its terms. A valid challenge must be based on one or more of the following legal grounds:
- Lack of testamentary capacity: The person making the will (the testator) must have understood what they were doing when they signed it. If they didn’t understand the nature of their assets, who their heirs were, or the legal significance of the document, the will could be considered invalid.
- Undue influence: A will may be challenged if someone else pressured, manipulated, or took advantage of the testator to change their wishes.
- Fraud or forgery: If the will was signed under false pretenses, or if someone forged the testator’s signature or altered the document, it can be declared invalid.
- Improper execution: New Jersey law requires wills to meet specific legal formalities. For example, a will must be signed and properly witnessed. If these rules weren’t followed, the will may not stand up in court.
Who Can Contest a Will in New Jersey?
Not everyone has the right to challenge a will. To file a contest in New Jersey, you must have what’s called "legal standing." Generally, this includes:
- Beneficiaries named in the current will.
- Beneficiaries under a prior will who were removed or had their share reduced.
- Heirs-at-law who would inherit under intestacy laws if the will is declared invalid.
- Fiduciaries named in a prior will—such as an executor or trustee—if their role is being challenged.
- Creditors or organizations with a direct financial interest in the estate.
If you're unsure whether you meet these criteria, speaking with an estate litigation attorney can help clarify your options.
When and Where to Contest a Will in New Jersey
Timing matters. In New Jersey, you have a limited window to contest a will:
- Four months from the date the will is admitted to probate, if you live in New Jersey.
- Six months from the probate date if you live outside the state.
The will contest must be filed in the Surrogate’s Court of the county where the will was probated. Missing this deadline can permanently bar your right to challenge the will—regardless of how strong your case may be. That’s why it’s important to act quickly if you suspect there’s a problem.
What to Expect in the Will Contest Process
Challenging a will in New Jersey follows a structured legal process that can vary based on the circumstances of the case.
If the will hasn’t been admitted to probate yet, you may file a caveat with the Surrogate’s Court to delay probate while you investigate your concerns. If the will has already been probated, you’ll need to file a verified complaint in Superior Court, Chancery Division, Probate Part to move forward with a formal contest.
Once the contest begins, both sides enter the discovery phase to gather and evaluate evidence. This often includes:
- Reviewing the decedent’s medical history and cognitive condition.
- Interviewing or deposing witnesses, such as caretakers or the attorney who prepared the will.
- Examining financial records, correspondence, and other documentation.
- Analyzing the timeline and circumstances of any changes to the will.
The goal is to determine whether the will reflects the testator’s true intent—or whether it was influenced or compromised in some way.
In many cases, the parties are encouraged to consider mediation. This confidential, out-of-court process can help resolve disputes without a trial. If a settlement is not reached, the case proceeds to a trial in Superior Court, where a judge will decide whether the will is legally valid.
Throughout the process, having the right attorney on your side can make a significant difference—not just in terms of legal strategy, but in navigating what is often an emotionally complex situation.
Red Flags That May Indicate a Problem
Some common warning signs that could justify a deeper look into the will include:
- The will was changed late in life or during a period of illness.
- A caregiver or recent acquaintance is named as a major beneficiary.
- The testator was isolated or estranged from family members.
- There are noticeable inconsistencies in signatures or documents.
While these issues don’t automatically invalidate a will, they may point to a larger concern that’s worth investigating.
What If There’s No Previous Version of the Will?
You don’t need to present an earlier version of a will to raise a valid challenge in New Jersey. Courts can evaluate the current will on its own by looking at factors such as the testator’s condition, changes in beneficiaries, and circumstances surrounding the document’s creation.
If you believe the will doesn’t reflect your loved one’s wishes, or if something about the situation feels off, you may still have a case—even if it’s the only version available.
Do I Need a Lawyer to Contest a Will?
While it’s possible to represent yourself in court, doing so in a will contest is rarely advisable. These cases often involve complicated legal standards, time-sensitive filings, and emotionally charged family dynamics.
An experienced estate litigation attorney can help you evaluate the strength of your case, gather the right evidence, and represent your interests from start to finish. More importantly, they can provide clarity and support when you need it most.
If you’re wondering whether you can contest a will in New Jersey after being left out, the best next step is to seek legal guidance. Every case is unique—and acting quickly can make all the difference.
Speak with a New Jersey Will Contest Lawyer at Ritigstein Law Today
If you were left out of a loved one’s will and believe something isn’t right, don’t wait to explore your legal options. At Ritigstein Law, we help clients throughout Burlington County, Camden County, and Gloucester County—and surrounding South Jersey communities like Cherry Hill, Mount Laurel, Voorhees, and Washington Township—evaluate their rights and understand the next steps with confidence and care.
Every situation is unique, and you deserve honest guidance grounded in New Jersey law. Whether you’re questioning the validity of a will or facing concerns about undue influence, we’re here to help you move forward.
Contact Ritigstein Law today to schedule a confidential consultation and get the trusted support you need to protect your interests and honor your loved one’s true intentions.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Because every situation is unique, you should consult with a qualified attorney licensed in New Jersey to discuss your specific circumstances.
