Legal Question in Wills and Trusts in New Jersey
Lost will
My dad passed away about 5 years ago and he left a will. I have since misplaced the will and never had it probated. I now need a copy of the will. The attorney that completed the will has since retired and I don't know how to find him. I have the exact date that the will was completed becasue I have a copy of the reciept. The will was written in 1987. How can I get a copy of the will? Should the attorney had filed anything with the county courts?
2 Answers from Attorneys
Re: Lost will
unfortunately the original will is required to be filed with the Surrogate. You must locate this document to proceed.
Re: Lost will
You do not say why the original was not probated and what is the current reason you need it? If lost and no photocopy exists, someone from the family could seek administration in the Surrogate's office. Administration is the probate procedure where someone dies without a Will, but it does have ramifications, as the statutes determine who participates in the estate, rather than something else if the Will stated differently. Wills are not recorded until someone passes away, so there was no recording before your father passed. If you need assistance, contact me directly.
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