Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
1. Detailed Answer
When a person dies in New Jersey, determining whether they left a valid will or other estate planning documents is crucial for settling their affairs. Below are key steps to verify the existence and validity of such documents under New Jersey law.
a. Search the Decedent’s Personal Effects
Begin by reviewing the decedent’s home, office, or safe deposit boxes. Look for documents labeled “Last Will and Testament,” trust agreements, powers of attorney, advance health care directives, or other estate planning records. Family members and close friends may know where the decedent kept these materials.
b. Contact Drafting Attorneys
Most people hire an attorney to prepare wills or trusts. If you know who the decedent’s estate planning attorney was, contact that lawyer or firm to inquire whether they hold the original documents or can confirm execution details. Attorneys typically maintain client files for a period of years after a client’s death.
c. Check with the County Surrogate’s Office
In New Jersey, formal probate proceedings begin in the Surrogate’s Court of the county where the decedent resided. Even if a will is not filed immediately, some families voluntarily submit wills to the Surrogate’s Court for safekeeping. To search local records, visit the county surrogate’s website or office and request a will search. You may need to provide the decedent’s full name, date of death, and last known address.
d. Review Probate Dockets and Indexes
New Jersey publishes probate dockets and will indexes online or at the county courthouse. These lists show wills that have been filed for probate. If you locate an index entry, obtain certified copies of the will and related pleadings to confirm authenticity and execution date.
e. Validate Formal Execution Requirements
To be valid in New Jersey, a will typically must meet the execution standards of N.J.S.A. 3B:3-3:
- The testator must be at least 18 years old and of sound mind.
- The will must be in writing and signed by the testator (or by someone else in the testator’s presence and at the testator’s direction).
- Two competent witnesses must sign in the testator’s presence.
You can review N.J.S.A. 3B:3-3 for full statutory language: N.J.S.A. 3B:3-3.
2. Helpful Hints
- Reach out to close friends or business associates who may know about estate planning steps.
- Ask the bank about safe deposit box access—court permission may be required to open it after death.
- Check for digital wills or online vaults if the decedent used electronic document services.
- Confirm the decedent’s state of residence at death to identify the correct county surrogate’s office.
- Consider hiring a probate attorney in New Jersey to conduct a comprehensive search and guide you through probate or ancillary administration.