Legal Question in Wills and Trusts in New Jersey

in new jersey, when a person dies is there a time limit to probate their will


Asked on 8/19/14, 7:47 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

no.

about ten years ago, i fought a will that was written and signed in 1964.

The judge allowed the will to be enforced even though it was 2004, forty years later.

you need to talk to a lawyer. call me, and i will assist.

Robert Davies, Attorney

201 820 3460

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Answered on 8/19/14, 7:56 am
Walter LeVine Walter D. LeVine, Esq.

Nothing can be done during the first 10 days following the death. Thereafter, there is no time limit within which a Will can be probated. The only difficulty with time delay is that if the Will is not "self-proving" (its execution has been properly done, witnessed and notarized), witnesses needed to prove its authenticy and appropriateness may no longer be available or alive. This may require a court proceeding to allow it to be probated.

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Answered on 8/19/14, 8:02 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

^I don't think the question had anything to do with how old the will was^

....rather the question asked if there was a time limit for probating the decedent's will.

In NJ, the will can not be admitted to probate until 10 days after death. However, there is no actual time limit as to when the will must be probated. In most cases, wills are probated soon after death in order to begin collecting assets and paying bills, etc. Until the will is probated, administering the estate is difficult if not impossible.

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Answered on 8/19/14, 8:03 am


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