Detailed answer: Submitting an original will to a New Jersey Surrogate’s Court from out of state

Short answer: In New Jersey, wills are presented to the county Surrogate’s Court in the county where the decedent was domiciled at death. If you live out of state, you can usually submit the original will by mail or have a New Jersey attorney file it for you. Prepare the required paperwork (including a certified death certificate), follow the county surrogate’s filing rules, and protect the original will while it travels.

Step-by-step guide

1. Identify the correct Surrogate’s Office. Wills are filed with the County Surrogate in the county where the decedent lived when they died. If you don’t know the county, check the decedent’s last residence. For general New Jersey court information, visit the New Jersey Courts website: https://www.njcourts.gov/.
2. Call or check the county Surrogate’s website before sending anything. Each county posts filing requirements, forms, fees, and contact instructions. Ask whether they accept mailed originals and whether they need any particular cover sheet or form with the submission.
3. Gather required items before mailing:
   • The original will (do not destroy any copies).
   • A certified copy of the decedent’s death certificate (many Surrogates require this).
   • Completed probate petition or application form if required by that county (some counties allow an initial submission just to lodge the will; others expect the full petition).
   • Contact details for the nominated executor(s) named in the will (names, addresses, phone numbers, and relationships).
   • Payment for filing fee (check with the county — many accept checks or money orders; some accept online payments).
4. Decide how to send the original safely. Common options:
   • Use an insured, traceable courier (e.g., FedEx, UPS) with signature required on delivery.
   • Use USPS Registered Mail (highest security and tracking) with return receipt requested.
   • Have a New Jersey-based attorney or trusted agent hand-deliver the original and file on your behalf.

   In your cover letter, request a dated receipt and the return method for the original will (for example, return by insured courier to a specified address) and include a prepaid return courier label if you want the Surrogate to return the original to you after filing.

5. Consider using a New Jersey attorney or local agent. Out-of-state executors often appoint a New Jersey attorney to: prepare and file the probate petition, appear in court if needed, obtain letters testamentary or letters of administration, and handle local notices and creditor procedures. An attorney can also safely deliver and retrieve the original will and explain local practice and timelines.
6. Self-proved wills and witness affidavits. If the will is “self-proved” (the testator and witnesses signed an affidavit in front of a notary at execution), probate is typically simpler. If not self-proved, the Surrogate may require witness testimony or affidavits proving the will’s execution; a New Jersey attorney can help secure those affidavits if witnesses live elsewhere.
7. If the original is missing or lost. If you cannot produce the original will, the Surrogate may permit admission of a copy only after satisfactory proof that the original was not destroyed by the testator with intent to revoke the will. That process is more complicated and usually requires sworn statements and possibly litigation.
8. Follow up and obtain proof of filing. After filing, obtain a stamped copy or a court receipt and ask how and when the Surrogate will issue Letters Testamentary (or other authority). Keep records of tracking numbers, receipts, and correspondence.

Practical tips specific to executors living out of state

• You generally do not have to be physically present in New Jersey to file the will or serve as executor; you can act remotely once the court issues authority (letters).
• Make certified local copies of the will if you need to present proof to non-New Jersey institutions (banks, insurers). The Surrogate can issue certified copies after probate.
• Plan for creditor notice requirements and deadlines in New Jersey once probate opens; a local attorney can manage publication and notice rules.

Where New Jersey law comes into play

Probate administration in New Jersey is governed by state statutes and the county Surrogates’ administrative practices. The general body of New Jersey law dealing with decedents’ estates is found in the state statutes and administered through the Surrogate’s offices and the New Jersey Courts. For general statutory reference and to locate specific provisions, see the New Jersey Legislature: https://www.njleg.state.nj.us/, and for procedural and form guidance check the New Jersey Courts site: https://www.njcourts.gov/.

Note: county Surrogate rules and forms vary. Always confirm procedures with the specific county Surrogate where you will submit the will.

What to do if something goes wrong

• If the original is lost in transit, immediately notify the Surrogate and the courier and preserve all tracking and insurance information.
• If a dispute arises (for example, someone contests the will’s validity), expect litigation; hire a New Jersey probate attorney to represent the estate and the executor.
• If witnesses are unavailable to testify, seek legal advice about alternative proofs such as sworn affidavits or secondary evidence.

Helpful hints

• Contact the county Surrogate first — local practice dictates many details.
• Keep the original will in its sealed envelope if it was sealed; do not staple or mark it.
• Make high-quality color copies before sending the original; keep those copies and the mailing records.
• Use insured, trackable delivery and require a signature on receipt.
• Include a clear, signed cover letter stating your contact information, relation to the decedent, and what you want the Surrogate to do (e.g., receive and file the will and contact me with next steps).
• Request a receipt and ask how the Surrogate will return the original will after filing. Provide a prepaid insured return method if you want the original returned to you.
• If you plan to administer the estate from another state, consider hiring a New Jersey attorney to handle local filings, notices to creditors, and distribution under New Jersey law.
• If the will is self-proved (has a notary-attested affidavit), note that in your cover letter — it generally speeds processing.

Disclaimer: This article is educational and informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed New Jersey attorney or the county Surrogate’s office.