Legal Question in Wills and Trusts in New Jersey

Re: Probate

The Will is probated in the state in which the decedent was domiciled at the time of his death. From the facts you give this is probably New Jersey. The Will should be probated as quickly as possible after the decedent has died.

Re: Probate

WILL IS PROBATED WITH COUNTY SURROGATE IN COUNTY WHERE DECEDENT WAS A RESIDENT WHEN HE/SHE DIED. IT APPEARS THIS IS NJ, AND WILL CANNOT BE PROBATED EARLIER THAN 10 DAYS FOLLOWING DATE OF DEATH. ONE POSSIBLE PROBLEM YOU MAY ANTICIPATE IS THAT THE SELF-PROVING LANGUAGE (LANGUAGE THAT MEANS NO WITNESS TO SIGNING NEED APPEAR AT THE PROBATE) IS DIFFERENT IN NY THAN NJ. NJ MAY NOT ACCEPT LANGUAGE USED IN A NY WILL, AND THE SURROGATE MAY REQUIRE A WITNESS TO APPEAR, AS WELL AS THE EXECUTOR. CONTACT ME DIRECTLY IF YOU NEED ASSISTANCE OR MORE INFORMATION.

Re: Probate

The will should be probated in the county where the person lived at the time of their death (probably NJ in this case).

If properly executed in NY, it will also be valid in NJ (under the full faith and credit clause of the U.S. Constitutiion).

The will can be probated 10 days after death. For probate, you will need the executor, an original death certificate and the original, signed will. Depending on the 'self-proving' language, you may also need one of the witnesses to appear as well.

If you need assistance, please call.