Legal Question in Wills and Trusts in New Jersey
locating a will online
If it possible to find a will online even if it has not been probated,what's the online website?
Also is there anything that says a will must be probated?
Thank you
2 Answers from Attorneys
Re: locating a will online
You cannot find a will online. It is supposed to be turned over to the clerk of the court within 30 days of the death of the testator.
Re: locating a will online
You can never find a Will on line, unless the maker decides to place it there; especially if it has not yet been probated. A non-probated Will can always be changed, so it will never be final until the death of the maker. Probate of a Will is a requirement of the Executor named therein and should always be undertaken. The only time (very rare) that a Will is not probated is when there are no assets subject to probate. If the decedent had all assets registered in joint names, had indicated POD on accounts or named a beneficiary (such as life insurance, retirement accounts or the like), or has all of the assets in a trust, there would be no need for probate. More facts are needed to give you more than a general reply. This is a reply to an Internet question and this response is not intended to create an attorney-client relationship.