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Fill and Sign the Complaint Probate Nj Form

Fill and Sign the Complaint Probate Nj Form

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John Lawyer 12 Main Street Anywhere, USA Attorneys for Plaintiff ____________________________ THE ESTATE OF JANE DOE, JOHN SMITH, AS EXECUTOR OF THE ESTATE OF JANE DOE, Plaintiffs, vs. JANE SMITH, Defendant. _____________________________ SUPERIOR COURT OF NEW JERSEY [insert] COUNTY CHANCERY DIVISION PROBATE PART DOCKET NO. CIVIL ACTION VERIFIED COMPLAINT Plaintiff, John Smith, as Executor of the Estate of Jane Doe, sues to admit a will for probate, and make application for letters testamentary, in the above-entitled action, pursuant to Rule 4:80-1 of the New Jersey Court Rules, and states as follows: 1. Plaintiff = s decedent, Jane Doe, died on [insert date], at [insert address]. Decedent = s domicile at the time of her death was in [insert] County, New Jersey. An original death certificate of Jane Doe is attached hereto as Exhibit A. 2. Decedent left a will, which plaintiff offers for probate, [insert date]. The original will was hand delivered to the [insert] County Surrogate = s office on [insert date]. A photocopy of said will is attached hereto as Exhibit B. 3. Plaintiff John Smith, in article VI of the will, was named as Executor of said will as was charged by the testator with its execution. 4. Plaintiff, John Smith, resides at [insert address]. Plaintiff, John Smith, was a close personal friend of the decedent. 5. The names and addresses of decedent = s heirs, as provided in her will, and their relationships to decedent are as follows: Name Address Relationship to Decedent [insert] 6. To the best of plaintiff = s knowledge and belief, decedent died having no children, natural born or adopted, or next of kin, and her husband had predeceased her. 7. A Caveat against the Probate of Will was filed with the [insert] County Surrogate Court on [insert date], by Jane Smith, who, upon information and belief, was a step-daughter of the decedent. A photocopy of the filed Caveat is attached hereto as Exhibit C. WHEREFORE, Plaintiff John Smith respectfully requests: 1. The will proffered for probate by plaintiff John Smith, executed on [insert date], be admitted to probate; 2. Letters testamentary under this will be issued to plaintiffs; 3. A time be appointed by this Court for proving the proffered will; 4. Due notice of probate of the will be given according to law and the practice of this Court; and 5. All necessary and proper orders be made in furtherance of this matter. Dated: ___________________________________ JOHN LAWYER VERIFICATION I am one of the plaintiffs in the above-entitled action. I have read the complaint and know its contents. The contents are true of my own knowledge, except as to matters stated on information and belief, and, as to such matters, they are true to the best of my knowledge and belief. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Dated: __________________________ JOHN SMITH DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, John Lawyer, is hereby designated as trial counsel for Plaintiffs in the above matter. CERTIFICATION OF NO OTHER ACTION Pursuant to R. 4:5-1, it is hereby stated that the matter in controversy is not the subject of any other action pending in any other Court or of a pending Arbitration Proceeding to the best of my knowledge or belief. Also, to the best of my belief, no other action or Arbitration Proceeding is contemplated. Further, other than the parties set forth in this pleading, we know of no other parties that should be joined in the above action. In addition, we recognize the continuing obligation of each party to file and serve on all parties and the Court an amended Certification if there is a change in the facts stated in this original Certification. ___________________________________ JOHN LAWYER Dated: CERTIFICATION PURSUANT TO R. 1:4-4(c) John Lawyer, Esq., of full age, hereby certifies as follows: 1. I am an attorney at law in the State of New Jersey, and a member of the law firm of [insert name], attorneys for The Estate of Jane Doe in the above-captioned matter. I am the attorney entrusted with the handling of this matter and am, therefore, familiar with the facts surrounding this action. 2. I certify that the above signature is the genuine signatures of John Smith and that the above signature or a copy with an original signature affixed will be filed if requested by the Court or a party. 3. 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: John Lawyer

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