Legal Question in Wills and Trusts in New Jersey

My father died recently. Family cannot locate original, but has copy of this will - typed, witnessed and notarized by bank - which leaves estate evenly to his 3 children (no spouse/parents/sibs). I know without a will the distribution is the same. He had bank accounts with one child (who was named executor) so that will pass without probate. No ownership of home or car, no stocks. Basicall only other assets would be tax refund, return of deposit from assisted living home - - total under $50 including bank assets. My question -
is it simpler, quicker, less time consuming (e.g. not missing days of work) to:
1) ask Superior court to accept copy, which would require waiting for court date, then becoming Executor, OR
2) simply stating no valid will has been found and filing to become Administrator (which sibs would support by renouncing their interest in being such)
Again, its very small estate and result any way is 3 way split of assets.

Asked on 3/09/11, 1:53 pm

Bernard J. Berkowitz Berkowitz & Raiken

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0 attorneys agreed

Forget the will. Depending on the size of the estate, you may have to post a bond, but that is still easier than proving a copy of the will.

Answered on 3/09/11, 2:06 pm

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