How are disputes resolved during probate?

In New Jersey, disputes during probate are handled in the Superior Court in the county which is the estate’s legal residence. The judge will then determine if the dispute is valid or not. If the dispute is valid, the court must approve a settlement. This settlement is typically an agreement between the estate and the parties with an interest in the estate, such as creditors, heirs or beneficiaries. If the parties cannot agree upon a settlement, the court has the power to make a determination. The court may appoint an executor or administrator to manage the estate, including determining the distribution of assets, paying any outstanding debts, and liquidating any assets of the estate. The court may also issue orders to resolve the dispute or hold hearings to decide how the dispute should be resolved. Once the court has made a determination, it usually will not change its decision. However, the parties can also appeal the decision if they believe it to be unjust or unreasonable. Appeals can be made to the Appellate Division of the New Jersey court system. Ultimately, it is the court’s job to ensure that the probate process is handled in a fair and equitable manner. The court will make a decision based on the evidence presented, and if the decision is just and equitable to all parties involved, it will be upheld.

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