How to Confirm a Will Is the Original (New Jersey)

Disclaimer: This is educational information, not legal advice. I am not a lawyer. If you have a time-sensitive or contested matter, consult a licensed New Jersey attorney or the county Surrogate’s Court.

Detailed Answer

In New Jersey, an original will matters because courts generally require the document presented for probate to be the original signed instrument. The original is the best evidence of the testator’s intent, signatures, and the will’s full text. If you have a document you think is the decedent’s will, use the checklist and steps below to confirm whether it is the original and to learn what to do if it is not.

Why the original matters in probate

• Surrogate’s Courts typically admit an original will to probate more easily than a copy. The original proves the testator’s signature and the attestation by witnesses.
• If the original cannot be produced, New Jersey procedures allow a copy to be admitted only with additional proof showing the will’s contents and that the original was properly executed but was lost or destroyed. That process is more complicated and can delay administration.

For New Jersey statutes on execution and probate of wills, see Title 3B (Estates) of the New Jersey Statutes: New Jersey Legislature (Title 3B – Estates).

How to tell whether the document you have is the original

1. Look for original ink signatures: The original will should have the testator’s signature in ink (not photocopied). Witness signatures (usually two witnesses for an attested will) should appear on the original document, typically on the final page or an attestation clause.
2. Check for an attestation clause: An attestation clause states that the will was signed in the presence of witnesses and may include the date and place. While not required, it is common on originals.
3. Search for a self-proving affidavit: Many wills include a separate sworn affidavit, signed by the testator and witnesses before a notary (a “self-proving affidavit”). That affidavit often appears attached to the original will and can make probate easier because it avoids live testimony from witnesses. A notarized self-proving affidavit is still part of the original packet if present.
4. Compare paper and ink: Originals are printed or handwritten on the same paper; photocopies may show differences (copy artifacts, grayscale, or page quality). Originals often show indented impressions from pen strokes when viewed at an angle. Beware: a good color copy can look similar to the original.
5. Check for staples, seals, or attorney notations: Attorneys sometimes staple exhibits, mark pages, or place identifying stamps or file numbers on the original file copy. Some wills were stored in envelopes stamped by a law office or bank.
6. Confirm continuity of signatures on last page: The testator’s signature usually appears on the final substantive page; witness signatures commonly appear directly below or on a separate attestation page signed at the execution ceremony.

Practical steps to confirm originality

1. Ask where it came from: Ask the person who gave you the document how they obtained it (attorney file, safe deposit box, decedent’s home). Track the document’s chain of custody.
2. Contact the decedent’s attorney or law firm: Many people leave the original will with the drafting attorney. Ask the attorney whether they hold the original or have a sealed original in their file.
3. Check safe deposit boxes and secure storage: The original may be in a bank safe deposit box, home safe, or stored with the attorney. Banks often require a court order or executor to access a safe deposit box after death; contact the Surrogate’s office for guidance.
4. Locate attesting witnesses: If you can find the witnesses who signed the will, ask them whether they recall witnessing the signing and whether the signatures on the document match their memory. Witness testimony is crucial if only a copy exists.
5. Preserve the document: Do not write on, staple, or alter the document. Photograph it and store it in a secure, dry place. The court and any later forensic exam may need an unaltered original.
6. Consider a handwriting or forensic analysis only when necessary: If the document’s authenticity is contested, a handwriting expert or forensic document examiner can test ink, paper, and signatures. This step typically requires counsel and can be costly.

If you only have a copy (what to do in New Jersey)

If you cannot find an original but have a copy, New Jersey law allows admission of a copy in certain situations, but you must provide proof that the original was validly executed and subsequently lost or destroyed. Expect the Surrogate’s Court to require stronger evidence than if the original were produced.

• Gather testimony and affidavits from the witnesses who saw the will signed, if available.
• Collect any drafts, earlier versions, or attorney file copies to show content consistency.
• Provide a sworn statement or other evidence about the original’s loss, theft, or destruction and the circumstances.
• File the copy with the county Surrogate’s Court and be prepared for an adversarial hearing if heirs or beneficiaries contest authenticity.

For general probate procedures and Surrogate contact information, begin at the New Jersey Courts main site: New Jersey Courts. For statutory authority governing wills and estates, consult Title 3B of the New Jersey Statutes: New Jersey Legislature (Title 3B – Estates).

What to do if you suspect forgery

1. Stop the probate filing and preserve all copies and evidence.
2. Contact a New Jersey attorney experienced in probate litigation immediately.
3. Do not confront alleged perpetrators in ways that could destroy evidence.
4. Consider contacting law enforcement if you suspect criminal forgery or fraud.

Helpful Hints

• Always look for the last page signature and the witness attestation; those are the quickest clues to an original.
• If the will includes a notarized self-proving affidavit, that affidavit is usually attached to the original and helps smooth probate.
• Contact the Surrogate’s Office in the county where the decedent lived before filing. Surrogate staff can explain local filing rules and fees.
• Keep an unaltered photograph and digital scan of any document you receive, but keep the physical document secure and unmodified.
• If you find a will in a safe deposit box, expect banks to require a court order or executor appointment to access contents after death.
• Act quickly. Delays can make it harder to locate witnesses, obtain affidavits, or prove the chain of custody.
• If you are unsure, a short consult with a probate attorney can save time and prevent costly mistakes in contested matters.

Where to start: Contact the county Surrogate’s Court where the decedent lived or a probate attorney in New Jersey. Use the New Jersey Courts website and the New Jersey Legislature site for statutory text and local Surrogate contact info: https://www.njcourts.gov/ and https://www.njleg.state.nj.us/.

Remember: This article explains common practices and resources in New Jersey but does not replace the advice of a lawyer licensed in New Jersey.