Detailed answer — what happens when a will isn’t properly signed

Under New Jersey law, a will must meet formal execution requirements before a probate court will admit it as a valid last will and testament. If a document presented as a will wasn’t properly signed or witnessed, the court may refuse to admit it to probate. When that happens, the estate will usually be handled as if there is no valid will (intestacy), unless another valid will exists or the proponent successfully proves the decedent’s intent by available legal means.

Key points you should understand:

• Execution formalities: New Jersey’s probate statutes and court rules set out how a will must be executed (generally a written instrument, signed by the testator or in the testator’s name by some other person in the testator’s conscious presence, and witnessed). For the exact statutory framework, see N.J. Title 3B (Decedents’ Estates): https://www.njleg.state.nj.us/Title_3B/.
• Burden to prove validity: The person asking the court to admit the will (the proponent) must typically show that the will was validly executed. If signatures are missing or witnesses cannot verify execution, the proponent may not meet that burden.
• If the court deems the will invalid: The estate will be distributed according to New Jersey’s intestacy rules unless another properly executed will is admitted. Intestacy distribution follows statutory lines (surviving spouse, children, parents, siblings, etc.). For general probate and intestacy guidance, the New Jersey Courts’ Estates & Probate self-help resources are helpful: https://www.njcourts.gov/selfhelp/estatesandprobate/index.html.
• Possible alternatives or remedies: Depending on the facts, a court may consider extrinsic evidence of the decedent’s intent or other legal doctrines. For example, if a prior properly executed will exists, that earlier will may be admitted. In limited circumstances, courts in some jurisdictions have applied doctrines such as substantial compliance or harmless error to admit an otherwise defective will when the decedent’s testamentary intent is clear. Whether and how those doctrines apply in New Jersey depends on case law and the details of the situation.
• Practical consequences: While the issue gets resolved, assets can be frozen, bills and creditor claims may need to be handled by a court-appointed personal representative, and interested parties (heirs, beneficiaries) may face litigation and legal costs. These practical consequences can affect family relationships and reduce estate value.

How the probate court process typically plays out

1. The proposed will is filed with the Surrogate’s Court (the local probate court) for admission to probate.
2. The Surrogate reviews the filing and may require proof of valid execution.
3. If signatures or witness statements are missing or disputed, the court may schedule a hearing where the proponent must present evidence (witness testimony, affidavits, prior drafts, communications showing intent).
4. If the court rules the document is not a valid will, the estate proceeds under intestacy or under any previously admitted valid will. If the court admits the document, probate continues under its terms.

Helpful hints — steps to take if you encounter an unsigned or improperly signed will

• Preserve the document. Keep the original paper safe and note where it was found. Don’t alter it.
• Look for other estate planning documents. Search for earlier signed wills, codicils, trusts, or beneficiary designations.
• Gather evidence of intent. Emails, text messages, drafts, or testimony showing the decedent intended the document to be their will can be useful to the court.
• Contact the Surrogate’s Court. The local Surrogate’s office can explain filing requirements and forms for probate in the county where the decedent lived. New Jersey Courts provide general guidance at: https://www.njcourts.gov/selfhelp/estatesandprobate/index.html.
• Consult a probate attorney promptly. An attorney can evaluate whether the proponent has a viable argument, whether alternative remedies exist (e.g., admitting a prior will, petitioning to recognize intent), and can represent interested parties at hearings.
• Act quickly on creditor claims and deadlines. Regardless of the will dispute, the estate still has obligations to creditors and tax authorities; missing deadlines can create liability.
• Consider mediation for family disputes. Probate fights over an invalid will can be costly; mediation can sometimes resolve disputes faster and less expensively.