Legal Question in Wills and Trusts in New Jersey

Re: Can I obtain a copy of a will that has not been probated?

If the will has been probated, you can obtain a copy from the Surrogate's office. Or you may want to contact the executor of the will. If the will has not been probated or an executor appointed, it may be difficult to obtain a copy. It is the original of the will that must be probated.

Re: Can I obtain a copy of a will that has not been probated?

You do not say which of your grandparents died first and which survived and subsequently died. Also, you do not say if you were informed if the contents of both Wills were identical. Let's presume it was your grandfather who died first. Depending how their assets were registered, the house was probably in both names, and I presume other assets were similarly registered. By law, not the Will, joint assets automatically go to the survivor (in my example, your grandmother). It would not be necessary for your grandfather's Will to be probated, as all assets would go to your grandmother anyway. This, if she died after your grandfather, only her Will needed to be probated and its provisions control. If I reverse the presumption, and presume your grandfather died after your grandmother, the non-probate of his Will might not really matter. We can presume he inherited all assets from your grandmother, either by joint ownership or under her Will. His failure to have a Will probated is not fatal. His estate will pass by intestacy (dying without a Will). Under the intestacy statutes, an administrator (like an executor, but with a requirement that he be bonded) is appointed to handle the estate (collect assets, pay bills, file tax returns, etc., and then distribute assets). Unlike a Will that leaves assets as the Will directs, intestacy limits who gets the assets. If there is no spouse, the entire estate goes to the children, in equal shares. Thus, unless there are other children (you do not say), your father and uncle will split the assets anyway, which should include the house. All of this presumes the house was owned by your grandparents, jointly, and the survivor did not do anything to disrupt title (like making a lifetime Deed to a 3rd party, which they might have the right to do anyway). The administrator in the state of death has the right to handle assets located in another state, and needs to merely be appointed in the second state. All children are entitled to be appointed adminsitartors. More facts are needed for a more precise answer.