How to Probate a Will in New Jersey
Probating a will is the legal process of proving that a Last Will and Testament is valid and granting the executor the authority to manage the deceased's estate. In New Jersey, the process is generally straightforward if the will is properly drafted and uncontested.
NJ Probate Timeline Visualizer
1. Finding the Will (Days 1-10)
Locate the original will and obtain certified copies of the death certificate. A will cannot be probated until 10 days after the date of death.
2. Filing with Surrogate (Day 11+)
The executor files the original will and death certificate with the County Surrogate. If approved, the Surrogate issues "Letters Testamentary."
3. Notifying Heirs (Within 60 days)
The executor must send a formal notice of probate to all beneficiaries named in the will and all next of kin.
4. Paying Debts & Taxes (Months 3-9)
The executor identifies assets, pays valid creditor claims, and files necessary state and federal tax returns.
5. Distributing Assets (Months 9-12+)
Once all debts and taxes are cleared, the executor distributes the remaining assets to the beneficiaries and closes the estate.
Locating the Original Will and Death Certificate
The first step is always to find the original will. In New Jersey, a copy is generally not accepted unless the absence of the original can be adequately explained to a judge (e.g., it was destroyed in a house fire). You must also obtain a certified copy of the death certificate with a raised seal from the municipality where the person died.
The 10-Day Waiting Period
Under New Jersey law, you cannot begin the probate process immediately. You must wait at least 10 days from the date of death before the Surrogate's Court will admit a will to probate. This waiting period allows time for anyone who might want to contest the will to file a caveat.
Visiting the County Surrogate
After the 10 days have passed, the person named as executor in the will must visit the Surrogate's Court in the county where the deceased resided at the time of death (e.g., the Bergen County Surrogate in Hackensack). The executor will present the original will and the death certificate.
If the will is "self-proving" (meaning it contains a specific notarized affidavit signed by the witnesses at the time the will was created), the Surrogate can process it quickly. If it is not self-proving, the Surrogate will require one of the original witnesses to sign an oath confirming they saw the testator sign the document.
Once approved, the Surrogate will issue "Letters Testamentary," which is the official document giving the executor the legal power to access bank accounts, sell property, and manage the estate.
What Happens if the Will is Invalid?
If a will does not meet the minimum legal requirements (e.g., it lacks witnesses, or a codicil is improperly executed), or if someone files a formal contest, the Surrogate cannot process it. The matter must be referred to a judge in the Superior Court, Chancery Division, Probate Part. In these cases, a judicial hearing is required to determine if the document should be accepted as a valid will.