Legal Question in Wills and Trusts in New Jersey

Re: How to find out if there is a will?

If you know the person who died did have a Will, you can call the Surrogate of the county the decedent lived in at the time of his death. The Surrogate is a quasi-judicial officer so look in the phone book blue pages under "County Offices" and then "Courts." Or you can call the County Bar Association or any lawyer's office.

If you tell the Surrogate's Clerk the approximate date of death, they'll find a Will if it was brought to them and offered into Probate, usually by the Executor. As ong as the Will isn't 100 pages long, the Clerk will most likely be wiling to look for the section in which the decedent distributes his property and will be able to tell you if you are named as a beneficiary. Since this is a public record you can obtain a copy by sending a written request to the Surrogate, enclosing a self-addresed stamped envelope and a check or money order (call them first to ask the cost) or go there in person.

Finally, an executor is required by Court Rules to give notice within 60 days of appointment by certified mail to all beneficaries named in the will as to when, where, etc. the Will was probated.

If you don't know if there was a Will,the best way to find out is to talk to family and friends of the decedent. It is rare however for 8 months to pass without a known Will being offered into probate.

Re: How to find out if there is a will?

If the Will has been probated and you are named in it, the Executor should have sent you a Notice of Probate, usually accompanied with a copy of the Will. As Dale suggests, you can contact the Surrogate in the County where the decedent resided when he/she died to see if a Will was probated. If so, you can go there and see it (usually Wills are public records open to be seen by anyone) or for a small photocopying fee you can be sent a copy.