Many people who execute a will in our state have very strong opinions about who should inherit their property. They may even want to go as far as inserting a clause in their will stating that if an heir pursues estate litigation, he or she will be disinherited. However, are such "no-contest" clauses enforceable under state law?
In New Jersey, when a person dies, his or her estate generally must go through the probate process before the assets can be distributed to the person's heirs either per the terms of the person's will or through the state laws of intestacy should the person die without a will. Many people wish to avoid probate, as it can be a time-consuming and costly process that could potentially reduce the size of a person's estate. However, it is important to note that certain assets are exempt from being probated.