I need to get Guardianship of an Incapacitated Person

  • Filing fee: $200.00 payable to: Union County Surrogate
  • An Attorney should be retained to file all papers with the Union County Surrogate. (Court Rule, 4:86-1 to 6)
  • Title of Action: In the Matter of, _____________________ an alleged Incapacitated Person.
    • Caring For Our Elders
    • Planning Ahead For Your Health Care

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I need to file for Guardianship for a person receiving services from the Division of Developmental Disabilities.

A complaint brought by the commissioner of Human Services or a parent, spouse, relative or other party interested in the welfare of such person. In the complaint it must state that the incapacitated has been receiving services from the Division and how long they have been under their supervision. Think you should put a link to the Judiciary website that has all of the DDD forms. 

I need to file an answer

  • Court rule 4:5-3
  • Filing fee of $110.00 made payable to: Union County Surrogate,
  • Titled: Chancery Division Probate Part

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I need to file a Complaint & Order to Show Cause

  • Court Rule 4:83-2 Filing of Papers
  • In all matters relating to estates of decedents, trusts, guardianships and custodianships, other than those set forth in R.4:80 and R.4:81, all papers shall be filed with the Surrogate of the county of venue as the deputy clerk of the Superior Court, Chancery Division, Probate Part, pursuant to R. 1:5-6.
  • 4:83-4. Venue
    1. Where the Surrogate’s Court May Not Act. In an action brought because the Surrogate’s Court is barred from acting by R. 4:82, venue shall be laid in that county.
    2. Guardianship and Conservatorship Actions
    3. Actions By or Against a Fiduciary.
    4. To Appoint Inter Vivos or Substituted Trustee.
    5. Other Actions. In all probate actions, venue shall be laid in accordance with R.4:3-2(a)
    6. Actions such as:
      1. Holographic Will
      2. Order for Production of a Will
      3. Sale of Land
      4. Set Aside Surrogate Judgment
      5. Substituted Trustees
      6. Deed of Assignments
      7. Are all heard in Superior Court, Chancery Division, Probate Part and should be filed with the Surrogate of Union County with an Original and one copy and the appropriate fees.

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All of the following forms are PDFs.