FOL. VI·Estate Planning

A Former Judge. A Father-Son Trial Firm. Fifty Years of New Jersey Practice.

Avery & Avery, Esqs. handles probate matters across New Jersey from our offices in Ridgefield (Bergen County). The firm has practiced Estate Planning for nearly fifty years — Robert W. Avery began NJ practice in 1976 and served fifteen years as Judge of the Ridgefield Municipal Court (1986-2000); John S. Avery joined the firm in 2012. Probate is one of our core estate planning sub-practices.

If you have a probate matter — pending charge, hearing date, or investigation — call (201) 943-2445 for a free first consultation. Robert or John picks up when we’re in the office; voicemails returned promptly.

What Probate Means in New Jersey

NJ probate is administered by the County Surrogate’s Court (uncontested) or Superior Court Chancery Division — Probate Part (contested). Formal proof, will contests, accountings, and complex estate administration all proceed in Superior Court. Surrogate handles routine letters and simple administration.

The probate caseload in New Jersey is large enough that prosecutors and defenders alike develop pattern-recognition specific to the offense — the typical fact patterns, the recurring evidentiary issues, and the negotiated dispositions that resolve most cases short of trial. The Avery firm’s depth in Estate Planning matters means we approach every probate file with that pattern-recognition built in.

The Statute Breakdown

The primary statute and supporting authorities controlling probate matters in New Jersey:

• N.J.S.A. 3B:1-1 et seq.
• R. 4:80 (Superior Court Probate Part)
• N.J.S.A. 3B:9-1 (caveat)

The probate statute reads more narrowly than most defendants assume when they first see the charging document. The State must prove every element of the statute — and where the charging instrument fails to specify how the defendant’s conduct meets each element, that is itself a defense ground.

Penalties and Consequences

Probate convictions in New Jersey carry direct statutory penalties — fines, license consequences, jail / probation exposure, and points where applicable. But the larger consequence is often collateral:

• Insurance impact — moving violations and most criminal convictions trigger insurance-rate increases for 3-5 years
• Employment background checks — convictions surface on hiring background checks for at least 5-10 years (sometimes longer for certain offenses)
• Professional licensing — many NJ professional boards (medical, nursing, real estate, financial-advisor) require disclosure of any conviction, including disorderly persons offenses
• Immigration consequences — non-citizens face removal exposure for certain convictions; even a guilty plea to a minor offense can be a removable offense under federal immigration law
• NJ MVC point exposure — Title 39 offenses feed the cumulative point total that triggers license suspension at 12 points

The full penalty exposure depends on the specific charge, the defendant’s prior record, and where the matter is filed. For a probate matter specifically, expect the statute’s stated penalty plus any of the collateral exposures above.

Common Defenses to Probate

Probate cases turn on the same core defense angles repeatedly. The Avery firm’s approach starts with the four pillars below; specific strategy varies by fact pattern, court, and defendant goals:

• Caveat filing to challenge will admission
• Contested-probate Superior Court litigation
• Executor-accounting / fiduciary-misconduct defense or prosecution
• Intestate-administration sequencing

The strongest defense in any probate matter is the one that fits the factual record. We don’t run formulaic defense — we read the discovery, look for the specific evidentiary, procedural, and constitutional gaps in the State’s case, and build defense theory from there. Where settlement is the right outcome, we negotiate hard from a position of trial-readiness; where trial is the right outcome, we go.

Avery & Avery’s Approach to Probate

Trial-firm DNA. Robert W. Avery served fifteen years as a New Jersey Municipal Court Judge before returning to defense practice. That bench experience shapes our reading of every probate file — what the prosecutor needs to prove, what the judge wants to see, where the case naturally settles.

Father-son continuity. John S. Avery joined the firm in 2012 and handles day-to-day appearances across our active caseload. The same firm handling intake, motion practice, and trial means clients aren’t bounced between unfamiliar attorneys at different stages.

Same-day callback. On active arrest or court-date situations, we return calls the same day during business hours. After-hours and weekend voicemails get returned the next business morning.

Statewide reach with a local foundation. Our home base is Ridgefield, Bergen County — but we appear in Bergen, Hudson, Essex, Passaic, Morris, and Sussex matters as a matter of routine. The probate caseload often crosses county lines (defendant residence, offense location, court of jurisdiction); our six-county practice handles that without difficulty.

Related Practice Resources

• Estate Planning Practice
• About Avery & Avery
• Robert W. Avery, Esq.
• John S. Avery, Esq.
• Bergen County Lawyer
• Hudson County Lawyer

Schedule a Free Probate Consultation

Call (201) 943-2445 or submit through the form.