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Notice To Executors and Administrators

This document provides guidance to executors and administrators on handling child support liens against estates. It notes that New Jersey law requires obtaining a certification from a private company searching for any child support judgments against heirs or devisees before distributing inheritance. The certification search can be initiated either by the heir's attorney or directly by the executor, and costs no more than $10 per name searched. Based on the certification results, the inheritance must either be paid out immediately if no liens exist or turned over to the court to satisfy existing liens first before the heir receives any funds.

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287 views1 page

Notice To Executors and Administrators

This document provides guidance to executors and administrators on handling child support liens against estates. It notes that New Jersey law requires obtaining a certification from a private company searching for any child support judgments against heirs or devisees before distributing inheritance. The certification search can be initiated either by the heir's attorney or directly by the executor, and costs no more than $10 per name searched. Based on the certification results, the inheritance must either be paid out immediately if no liens exist or turned over to the court to satisfy existing liens first before the heir receives any funds.

Uploaded by

Corey Jackson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NOTICE TO EXECUTORS AND ADMINISTRATORS

NJSA 2A:17-56.23(b) provides that child support judgments are liens against the proceeds of an estate. The
law does not preclude you from paying the decedent’s debts. However, the law states that you cannot pay an
inheritance to any heir or devisee under the will prior to obtaining a certification from a private judgment
search company stating whether the heir or devisee is a child support judgment debtor.

The judgment search company is obligated to provide to you a certification stating whether the heir or devisee
is a child support judgment debtor. The judgment search company may not charge more than $10.00 for each
name searched, and the fee is chargeable against the share of the heir or devisee.

Obtaining the certification from the private judgment search company. The statute provides two options
for obtaining the certification.

Option One. The heir or devisee shall provide you with a certification that includes his/her full name, mailing
address, date of birth and social security number. If the heir or devisee is represented by an attorney, the
attorney shall institute the child support judgment search and the judgment search company shall provide a
certification stating whether or not the heir or devisee is a child support judgment debtor.

Option Two. If the heir or devisee is not represented by an attorney, the heir or devisee must still provide you
with a certification that includes his/her full name, mailing address, date of birth and social security number. It
is your obligation to initiate the judgment search.

The next step. After you receive the certification from the judgment search company, there are two options.
If the certification shows that the heir or devisee is not a child support judgment debtor, the inheritance may be
paid to him/her immediately. If the certification shows that the heir or devisee is a child support judgment
debtor, you must contact the Probation Division of the Superior Court to arrange for satisfaction of the child
support judgment. You must notify the heir or devisee of your intent to satisfy the child support judgment
prior to disbursement of any funds to him/her. Upon receipt of a warrant of satisfaction for the child support
judgment, you must pay the balance to the heir or devisee. If the inheritance is less than the amount of the
child support judgment, the entire amount of the inheritance shall be paid to the Probation Division as partial
satisfaction of the judgment.

I, Executor of the Estate of ,deceased,


have received a copy of this notice.

____________________________
Date Signature

file: child support judgment search/wp


March 15, 2009

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