Legal Question in Wills and Trusts in New Jersey

Probate Will

I am one of four heirs to my mothers' estate, I'm also the exuctor. The will was probated one year ago. One of my siblings is demanding a copy of the will. Is he and all other heirs entitled to a copy of the will?


Asked on 9/01/07, 1:15 am

3 Answers from Attorneys

Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

Re: Probate Will

An executor is required to send a copy of the will to all beneficiaries in the will and all persons who would inherit if there were no will. Failure to do this may constitute neglect of your duty. There is absolutley no reason not to send a copy of the will to these persons. Good communication results in easier performance of duties.

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Answered on 9/05/07, 11:21 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Probate Will

Yes. As the executor, you had a duty to provide your siblings with Notice of Probate and a copy of the will within 60 days of probate. If you don't do what you're required to do, you run the risk of having a lawsuit filed against you, and you may be removed as executor...you should seek legal assistance.

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Answered on 9/04/07, 9:20 am
John Corbett Corbett Law Firm LLC

Re: Probate Will

Once the will is probated, copies will be available from the surrogate's office. It is good practice for the executor to send copies of the will to anyone who has an interest in the estate as a beneficiary or an heir even if they will be disappointed by it. A large fraction of disputes that arise over estates results from potential beneficiaries not getting the information that they think they need. That leads to the belief that they are being cheated. The executor has the duty to administer the estate according to law and is subject to legal action if he does not. Since the executor has few options about what to do, there is no good reason for concealing affairs from the other interested people.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/01/07, 9:45 am


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