Legal Question in Wills and Trusts in New Jersey

Re: Original will is missing

THERE ARE 2 POSSIBILITIES: YOUR FATHER, AS CLOSEST RELATIVE COULD APPLY TO THE COURT TO BE APPOINTED AS ADMINISTRATOR. UPON PROOF THAT THE ORIGINAL WILL WAS NEVER REVOKED, CHANGED OR ALTERED, HE COULD APPLY AS ADMINISTRATOR CTA (WITH THE WILL ANNEXED) AND THE APPOINTMENT WOULD ALLOW THE TERMS OF THE WILL TO BE FOLLOWED. IF THIS APPOINTMENT IS NOT ACCEPTED, HE COULD BE APPOINTED MERELY AS ADMINISTRATOR UNDER THE LAWS OF INTESTACY (DIED WITHOUT A VALID WILL) AND THE LAWS OF INTESTACY (NO WILL) WOULD CONTROL. IT MIGHT BE WORTH DOING AN ADVERTISING IN THE COUNTY WHERE YOUR UNCLE DIED ASKING IF ANYONE KNOWS THE WHEREABOUTS OF THE ORIGINAL WILL. THIS MIGHT BE NECESSARY TO DO AS PART OF THE APPOINTMENT PROCESS SO IT IS SUGGESTED.

Re: Original will is missing

The Surrogate cannot probate the copy of the will. In order to probate a copy of the will, a complaint must be filed in Superior Court and you must overcome the burden of proof to show that the original will was never revoked or intentionally destroyed by your uncle (i.e. it must be shown that the original will was lost and not intentionally revoked).

How old is the copy of the will? If it is very old, that may indicate that it was revoked.

If the original will cannot be located after a dilligent search, your father could apply to the Surrogate for appointment as administrator for the estate.