Quick overview: In New Jersey, the county Surrogate’s Court supervises probate. If the original will is being withheld by a relative, you have practical and legal steps to get the will before the court or to ask the court to admit a copy or secondary evidence of the will. Start by documenting requests for the original. If that fails, file a probate petition (or a petition asking the Surrogate to require production) in the Surrogate’s Court for the county where your father lived. The court can accept secondary evidence of a will’s contents when the original cannot be produced and can order remedies if someone improperly withholds an original.

How the process works in plain language

New Jersey’s Surrogate’s Court handles admission of wills to probate and appointment of executors. If someone refuses to deliver an original will, the Surrogate still has tools: the court can (a) compel production, (b) evaluate secondary evidence (for a lost or withheld original), or (c) provide civil remedies against the person keeping the will.

Step-by-step actions you can take

1. Collect and preserve evidence. Gather any copies of the will (paper or electronic), drafts, emails or texts about the will, funeral instructions, beneficiary contact information, and contact details for witnesses who were present when the will was signed. Note any conversations or written demands you make for the original; keep dates and methods (mail, email, text).
2. Ask the holder formally and in writing. Send a polite, dated written request (certified mail with return receipt is best) asking for delivery of the original will to the Surrogate’s Court. Save the receipt and any responses. This creates a record that you tried to obtain the document without court involvement.
3. Check whether you already have grounds to start probate. If you have the original, you can file a petition to admit the will to probate. If you only have a copy, you can still petition the Surrogate, but you must explain why the original is not produced and provide evidence attesting to the will’s authenticity and that it wasn’t revoked.
4. File a petition with the Surrogate’s Court. File a standard probate or ancillary petition in the Surrogate’s Court where your father lived. If the original is withheld, include a written explanation and copies of any available will drafts and affidavits from witnesses describing the will’s execution and the person who had possession of the original. See the New Jersey Courts Surrogate pages for forms and county Surrogate contact information: NJ Courts — Wills & Probate and the Surrogates directory: NJ Courts — Surrogates.
5. Ask the court to compel production or admit secondary evidence. The petition can ask the Surrogate to order the person holding the will to deliver it. If the original remains withheld or lost, the court can consider secondary evidence (copies, witness testimony) to prove the will’s contents and that it was validly executed. The Surrogate will decide whether the evidence is sufficient to admit the will.
6. Consider civil or criminal remedies if the holder refuses. Persistent refusal to produce a known original may give rise to civil claims (for example, conversion or an action to compel return of property) or may trigger court sanctions such as contempt. If the person destroyed or fraudulently altered the will, those facts can lead to additional remedies. An attorney can advise which claims are appropriate given the facts.
7. Be prepared for hearings and testimony. Expect the Surrogate to schedule a hearing. Bring witnesses who observed the signing or who can testify where the original was kept. Provide all documentary evidence and copies of the will. The Surrogate may require affidavits or sworn testimony about why the original isn’t produced.

What the Surrogate’s Court will consider

• Whether the proponent can show the will was properly executed (signatures, witnesses).
• Whether the original was lost, destroyed, or intentionally withheld and the reason for non-production.
• The reliability of copies and witness testimony about the will’s contents and execution.
• Whether the person withholding the original had lawful possession or is interfering with probate.

Where to find official New Jersey guidance

Start with the New Jersey Courts’ Surrogate and probate pages for general rules, how to file, and local Surrogate contact information: https://www.njcourts.gov/selfhelp/surrogate/wills.html and https://www.njcourts.gov/courts/surrogates.html. These pages explain filing procedures, forms, and county-level Surrogate offices.

Practical examples of likely outcomes

– If you have a signed copy and credible witnesses who saw the original executed, the Surrogate may admit the will using secondary evidence and appoint the named executor.

– If the holder says they destroyed the will, the court will require proof. If destruction is proven and the court finds intent to revoke, the will may be denied probate.

– If the person withholding the will refuses to produce it despite court order, the court can impose sanctions or contempt, and you can seek civil remedies to recover the document.

When you should get an attorney

Consider hiring an estate litigation attorney when:

• The holder willfully hides or destroys the original.
• There are allegations of fraud, undue influence, or competing wills.
• The estate has substantial assets or multiple interested parties contesting admittance.
• You need immediate court orders (for example, to prevent asset dissipation).

Important disclaimer: This article explains general New Jersey procedures and common remedies. It is for educational purposes only and is not legal advice. For advice about your specific situation, consult a licensed New Jersey attorney.