Legal Question in Wills and Trusts in New Jersey

Re: Time Limitation on Probating a Will

The Will can be probated, in all likelihood, even after the passage of some time. If anyone has taken the dead person's property, or mishandled it, then you will need to get the Court involved to set it right.

Please call me if I can assist you. 973 890 0400

Re: Time Limitation on Probating a Will

There is no maximum, but there is a minimum. A Will cannot be probated before the 10th day after the date of death. Until the Will is probated, all probate assets (being those subject to the Will) are frozen and nothing can be done with them until an estate representative is appointed (Executor or Administrator). There are procedures available to those listed as co-owners of joint accounts (banks, brokerage firms, etc.), those listed on accounts registered as POD and named beneficiaries of insurance policies, retirement accounts and the like, to act on those accounts before the Will is probated. This is because those types of assets are not governed by the Will, but by the account registration. If you need assistance, contact me directly or call me at 973-377-3313.