The Will:  The Cornerstone of New Jersey

Probate Law and Estate Administration

A Will is a legal document which sets forth in writing what happens to your property or other matters of importance to you upon death.

A beneficiary is someone who receives the assets and income of the estate.  A Will in New Jersey must be signed by the deceased in the presence of two (2) witnesses, eighteen (18) years of age and over.   Until death a Will has no legal effect.  A Will also must name the Executor, who is the person who distributes the property to your beneficiaries as part of New Jersey probate, and pays any outstanding bills after death and carries out your instructions as specified in the Will.

For more information about a Last Will & Testament in

New Jersey, go to www.njwillsattorney.net (click here).

What is a Self-Proved Will as Part of NJ Probate?

A Self-Proving Will can be very easily filed for estate administration and probate before a New Jersey Surrogate.  A Self-Proving Will must contain several important provisions relating to the age, mental capacity and understanding of its maker. Witnesses to the will must acknowledge the signing of the Will by its maker before a notary public or some other person authorized to take an acknowledgment.

If the Will is notarized as described above, our office will initiate the process of presenting the original Will and copy of a death certificate, with raised seal, to the Surrogate‘s Office in the county where the deceased resided at the time of death.   This is called a ”self-proving“ Will.

Wills that are not self-proving in NJ, and what happens then?

If the Will is not notarized, in addition to processing the original Will, a copy of the death certificate with raised seal must be presented to the Surrogate's Office.   The Executor must locate one of the witnesses who signed the Will and request that this person appear at the Surrogate's Office to "prove" the Will.

If you cannot locate a witness, then it will be necessary to commence the "diligent inquiry" process to locate the witness.  Should the witness reside out of the country or outside of the state, our office can coordinate with the Surrogate's Office in order to make alternate arrangements to prove the Will.

Locate the Will to Begin Probating an Estate in New Jersey.

Look where the deceased kept his/her important papers.   If it is not there, look in drawers, cabinets or "secret" places. If the deceased had a safe deposit box, contact the bank where the box is kept and make an appointment to open the box in the presence of a bank officer. If there is a Will in the box, it will be released to the named Executor.  Check with your bank as to how to retrieve items in a safe deposit box.