Legal Question in Wills and Trusts in New Jersey
Get Copy of Someones Will
My father-in-law passed away 9 years ago. My mother-in-law cannot find a copy of his will. There is a stock account that she would like to cash but cannot without a copy of the will and/or a testimentry letter. How do I get a copy of the will and what is a testimentary letter?
2 Answers from Attorneys
Re: Get Copy of Someones Will
You should be able to get a copy of the Will at the Surrogate's Court in the county where your father lived (assuming the Will was probated).
Letters Testamentary (this is a court document which shows the name of the person who is the executor for the estate) can be obtained at the Surrogate's Court for a small fee.
Re: Get Copy of Someones Will
If the Will was lost, it cannot be probated. Unless someone can locate the original, your only recourse is to have your Mom apply to the Surrogate for Letters of Administration. You do not say what the stocks are worth. If under $10,000 she can apply for Letters that merely will apply to this account, as a short form probate. Under administration (considered as intestacy-where no Will can be produced), there is a small estate procedure that can be done quickly and at minimal cost. If she needs help, contact me directly.
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