Legal Question in Wills and Trusts in New Jersey

Wills

I recently had A family member pass away. We downloaded; filled out and had a will notarized. What do I do next?


Asked on 8/06/07, 1:43 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Wills

If the will is for yourself, keep it safe. If it is for the person who died, throw it away. You can't make up a will for someone after they die.

When someone dies without a will, the law provides a method for distributing their property. You should contact a lawyer who works with estates for assistance in determining whether there is an estate that requires probate and how best to get that done.

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

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Answered on 8/06/07, 9:38 am
Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

Re: Wills

After a person passes away leaving a will, it is the duty of the executor named in that will to take it to the Surrogate's Office of the County in which the person was domiciled at the time of his death. The Surrogate will examine the will to see if it has been prepared and signed in accordance with the laws that govern how wills have to be prepared. You should bring the original will and an original copy of the death certificate with you. Bring some form of personal identification and don't forget to bring your checkbook. As with everything else, there are fees to be paid.

The Surrogate will examine the will and advise you if there are any problems with the will and if so, what to do about them. If the will is in good form, it will be "admitted to probate". The term "probate" essentially means "proved", in other words, that the will has been proved to be genuine and properly made.

At this point the Surrogate issues a written judgment that the will is an effective will. The judgment also appoints the person named as executor to be the executor of the will. Once this is done, you will get documentation known as Surrogate's Certificates that show that the will is has been admitted to probate and that executor has authority to act on behalf of the estate. These certificates will enable you to take care of all estate assets and to open a bank account for the estate. If you have any further questions, feel free to contact me at [email protected] at anytime.

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Answered on 8/06/07, 11:38 am


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