In re Estate of Thomas, ___ N.J. Super. ___ (App. Div. 2013). Rule 4:85-1 establishes a short time period (four months for New Jersey residents and six months for non-residents, subject to a “reasonable time” exception under Rule 4:50-1) within which anyone who seeks to challenge the probate of a will or the issuance of letters testamentary or of administration, guardianship, or trusteeship must file suit. In this case, the decedent’s daughter filed a complaint that sought a declaratory judgment that she was the decedent’s child and sole heir, as well as seeking to vacate letters of administration issued to the decedent’s sole surviving brother after he had waited a full year from the decedent’s death to apply for the letters. The daughter had not received notice of the issuance of those letters since the brother had claimed in his application for those letters that the decedent had no children. read more