Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In New Jersey, when a person dies leaving a will, the original document must be located and filed with the Surrogate’s Court in the county where the decedent was domiciled. The steps below explain how to obtain and submit the original will or, if unavailable, a filed copy or duplicate.
- Locate the Original Will
• Contact the decedent’s attorney or law firm. Many wills remain with the drafting attorney or in the firm’s safe storage.
• Search the decedent’s personal effects. Look in home filing cabinets, fireproof boxes, or a safe deposit box. If the will is in a safe deposit box, the executor or an interested party may need a court order to access it. - Accessing a Safe Deposit Box
• Under N.J.S.A. 3B:14-25, the Surrogate’s Court can issue an order permitting the removal of the will from a sealed box. File a short application in the Surrogate’s office and schedule a hearing if required. - Filing the Original Will
• Once in hand, file the original will with the county Surrogate’s Court within 10 days of learning of the death as required by N.J.S.A. 3B:2-3.
• Complete the probate petition form, attach the death certificate, and pay the filing fee. Provide the decedent’s name, address, date of death, and names and addresses of heirs and beneficiaries.
• The court will docket the will, assign a probate file number, and issue Letters Testamentary to the executor named in the will once admitted. - When the Original Will Is Lost or Destroyed
• If the original cannot be found, you may file a certified copy or a photocopy with the probate petition.
• Submit an affidavit or testimony under oath explaining the disposition of the original and affirming that no one has revoked it.
• New Jersey law allows probate of a lost will upon satisfactory proof of its terms and due execution under N.J.S.A. 3B:16-1. Provide witness affidavits or depositions establishing authenticity. - After Filing
• Once the will is admitted, the Surrogate’s office publishes notice to creditors and heirs.
• The executor manages estate administration under court supervision until final distribution.
Helpful Hints
- Keep detailed notes on where you searched and who you contacted.
- Gather multiple certified copies of the death certificate before filing.
- Confirm filing fees and acceptable payment methods with the local Surrogate’s Court website.
- If in doubt, contact the Surrogate’s Clerk to verify local procedures and forms.
- Retain certified copies of the will and letters for banking and title transfers.