Detailed Answer
Discovering an old will decades after execution raises unique challenges. Under New Jersey law, you must verify its authenticity and comply with strict filing rules. This guide walks you through each step.
1. Confirm the Will’s Validity
First, ensure the document meets New Jersey’s formal requirements. A valid will must be in writing, signed at the end by the testator, and witnessed by two competent adults who signed in the testator’s presence. Examine the signature, attestation clause, and date. If the will lacks a date, witness testimony or supporting affidavits can help establish when it was executed. See N.J.S.A. 3B:3-2 for execution standards.
2. Determine the Filing Procedure
If you present a will within 20 years of the decedent’s death, file a probate petition in the Surrogate’s Court of the county where the decedent last resided. If the will surfaces more than 20 years after death, you must petition the New Jersey Supreme Court for admission. In that petition, explain why the will was not offered sooner and show due diligence. See N.J.S.A. 3B:3-3.
3. Gather Supporting Documents
Before filing, collect:
- The decedent’s death certificate
- The original will (copies typically don’t qualify)
- Proof of your relationship or interest in the estate
- Affidavits from witnesses or others explaining the delay in finding the will
4. File Your Probate Petition
Obtain probate forms from the Surrogate’s Court or the New Jersey Judiciary website. Complete a Verified Complaint for Probate or Supreme Court petition (for late filings). Attach the original will, death certificate, list of heirs and beneficiaries, and affidavits. Pay the required filing fee, which varies by county.
5. Serve Notice and Attend the Hearing
Serve all heirs, beneficiaries, and any interested parties with notice of your petition. The court will schedule a hearing. At the hearing, you must prove the will’s due execution, authenticity, and the reasons for delay, either through live testimony or sworn affidavits.
6. Obtain Letters Testamentary and Distribute the Estate
Once the court admits the will to probate, it issues Letters Testamentary to the appointed executor. The executor must inventory assets, notify creditors, settle debts and taxes, and distribute assets according to the will’s terms.
Helpful Hints
- Locate the original will; photocopies often fail to meet court standards.
- Contact witnesses early; their recollections strengthen your petition.
- Review the Surrogate’s Court website for up-to-date forms and fee schedules.
- Keep meticulous records of all notices served and fees paid.
- Consider consulting a probate attorney for complex estates or contested filings.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.