Detailed Answer
Short answer: There is no single fixed timeline. Under New Jersey law, a straightforward admission of an out-of-state (foreign) will to a county Surrogate’s Court frequently completes in a few weeks to a few months if the original will and routine documents are available and no one objects. If the will requires extra proof, witnesses must be located, or an heir objects, the process can take many months or longer.
How it works in practice (basic steps and realistic timing):
- File the petition with the County Surrogate. The personal representative or a designated petitioner files a petition to admit the will and to obtain letters (letters testamentary or letters of administration). Most counties require the original will (if available), a certified death certificate, the petition form, and a list of likely heirs/beneficiaries.
- Initial administrative review — 2 to 6 weeks. Surrogate staff check the paperwork, open a probate file, and set any required notice deadlines. If the file is complete and the Surrogate accepts the proof of execution, the court can often admit the will fairly quickly.
- Extra proof for an out-of-state will — add 2 to 8+ weeks. New Jersey will admit a will that was validly executed under the law where it was signed. But the court often expects additional proof for an out-of-state will: an attestation or affidavit from an attesting witness, a certified or exemplified copy of a prior foreign probate record (if the will was already presented elsewhere), or authenticated documents from the other state. Getting witnesses or certified records from another state can add time.
- Notice and any waiting periods — 2 to 6 weeks. The Surrogate’s office typically requires notice to heirs or next of kin and may set a brief waiting period to allow objections. Local practice varies.
- If contested — many months to years. If an interested person objects (for example, claiming the will is invalid for lack of capacity, undue influence, or improper execution), the Surrogate may schedule hearings and the matter can move to the Superior Court. Contested matters often take many months or longer depending on complexity and court scheduling.
Typical timelines you can expect:
- Simple, uncontested out-of-state will with original and local witnesses available: about 2–8 weeks.
- Out-of-state will that needs remote witness affidavits or authenticated foreign records: about 1–3 months (sometimes longer if obtaining documents is slow).
- Contested probate or missing witnesses/serious evidentiary issues: 6 months to several years.
Hypothetical example: A decedent who lived in New Jersey left an original will signed in another state. The executor brings the original will and certified death certificate to the county Surrogate and attaches an affidavit from an attesting witness who lives locally. The Surrogate accepts the documents, issues letters testamentary, and the executor can act — all within about 4–6 weeks. If instead the attesting witnesses live out of state and must sign notarized affidavits and the other state requires a special authenticated copy, the executor may wait 6–12 weeks while paperwork and authentication are completed.
Where to find the rules and local practice:
- New Jersey Courts — general probate/wills information and Surrogate contact pages: https://www.njcourts.gov/selfhelp/willsestate/probate.html
- New Jersey laws on estates and fiduciaries (Title 3B): see the New Jersey Legislature’s laws and statutes resources: https://www.njleg.state.nj.us/lawsstatutes/
Key factors that make an out-of-state will take longer
- Missing original will (courts prefer the original). If only a copy exists, the court may require proof of loss and extra evidentiary steps.
- Witnesses live in another state or are unavailable. Obtaining sworn affidavits or remote notarizations adds time.
- The will was already presented to probate in another state and you need certified exemplified records.
- Disputes over validity, beneficiaries, or executor appointment.
- Complex assets (real estate in other states, tax issues) requiring additional documentation.
Helpful Hints
- Keep the original will safe. If you find the original, do not sign or alter it — deliver it to the Surrogate or your attorney.
- Obtain several certified death certificates early. Courts and third parties commonly require them.
- Get witness affidavits quickly. If witnesses are remote, ask them to sign sworn, notarized affidavits that specifically confirm they saw the decedent sign the will and describe how the execution met the law of the state where it was signed.
- Contact the county Surrogate’s office before filing. Many Surrogates publish local forms and checklists that speed processing.
- If the will was already probated elsewhere, request a certified exemplified copy of that foreign probate record; the Surrogate may accept it in lieu of re-proving execution.
- Consider a local probate attorney for cross-jurisdictional issues. An attorney can prepare the petition correctly and often accelerate communication with the Surrogate and remote witnesses.
- Expect variation by county. Some Surrogate offices process routine admissions quickly; others have heavier caseloads and longer administrative delays.
Next steps: If you are the named executor or an interested person, call the Surrogate’s office in the county where the decedent lived in New Jersey to learn their specific forms and current processing times. If you anticipate difficulty proving the will’s execution or expect disputes, consult a New Jersey probate attorney.
Disclaimer: This article provides general information about New Jersey probate practice. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed New Jersey attorney.