Disclaimer: This article provides general information on New Jersey law and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Before opening probate in New Jersey, you must locate the original will and any codicils. The Surrogate’s Court for the county where the decedent resided holds a registry of wills filed for probate. Start by contacting the appropriate Surrogate’s Court to request a will search. Most counties allow in-person requests, mail-in forms or online searches.
Locating Original Wills and Codicils
- Search the county Surrogate’s Registry: Under N.J.S.A. 3B:3-13, the court keeps records of wills filed for probate. It does not hold wills never filed.
- Check personal files: Review the decedent’s home, law office files or safe deposit box. Speak with the decedent’s attorney or bank.
- Contact family members: Ask relatives or named executors if they have or know the location of the original documents.
- Use private registries: Commercial services such as the National Will Registry can help locate registered wills.
Verifying Validity Under New Jersey Law
In New Jersey, a valid will or codicil must meet formal requirements under N.J.S.A. 3B:3-2:
- The will must be in writing.
- The testator must sign it at the end or acknowledge a prior signature.
- Two competent witnesses must sign within a reasonable time of witnessing the testator’s signature or acknowledgment.
Codicils follow the same rules under N.J.S.A. 3B:3-3. Review the attestation clause to confirm proper execution. If informal defects exist, New Jersey allows a court to admit a will under its harmless error doctrine if there is clear and convincing evidence the decedent intended the document to be their will.
Once you locate and verify the original documents, file them with the Surrogate’s Court in the county of the decedent’s residence to open probate under N.J.S.A. 3B:3-13.
Helpful Hints
- Request certified copies of the will from the Surrogate’s Office for backup.
- Keep originals in a secure location, such as the Surrogate’s vault.
- Document all searches to show reasonable efforts.
- Consult an estate attorney if questions arise about document validity.
- Act quickly after a decedent’s death to prevent loss or tampering.