Contested probate matters are governed by the Rules Governing the Courts beginning with R. 4:80-1 et seq. and New Jersey Statutes, generally set forth under 3B.  

Per New Jersey Court Rule 4:84-1, in any case in which the Surrogate’s Court may not act, any party in interest may file a complaint and apply to the Court for an order directed to all other interested parties to show cause why the relief sought should not be granted.  The cost for filing a complaint is $175.00 and it is strongly recommended that the drafting and filing of the complaint be done by an attorney, as the filing of a complaint is the beginning of a lawsuit. This means that further legal work will be required in preparation for a possible trial.