Legal Question in Wills and Trusts in New Jersey

Re: probation procedure

"Reading the Will" is really something out of the movies...I've never actually seen it done in practice.

In NJ, the Will can't be probated until 10 days after death. There is no fixed time period by which a Will must be probated (but normally it is done within 30 days of death).

All heirs at law (i.e. those who would inherit if there were no Will) and those named in the Will are entitled to Notice of Probate and a copy of the Will.

Re: probation procedure

I AGREE WITH JON, TOO MANY MOVIES OR NOVELS. AFTER 10 DAYS FROM DATE OF DEATH, THE NAMED EXECUTOR IS REQUIRED TO OFFER THE WILL FOR PROBATE. ONCE APPOINTED, THE EXECUTOR MUST GIVE WRITTEN NOTICE TO ALL PERSONS NAMED IN THE WILL AND TO OTHER HEIRS AT LAW AND NEXT OF KIN WHO WOULD BE ELIGIBLE TO PARTICIPATE IN THE ESTATE UNDER THE INTESTACY LAWS IN THE STATE IN WHICH THE WILL IS PROBATED AND SUBMIT A COPY TO EVERYONE GETTING THE NOTICE. UNLESS SOMEONE FILES A "CAVEAT" WITHIN 4 MONTHS OF THE PROBATE DATE, TO CONTEST THE TERMS, THE WILL IS CONSIDERED VALID. SINCE MOST WILLS ARE PUBLIC DOCUMENTS, ANYONE CAN GO TO THE SURROGATE'S OFFICE AND SEE A COPY, OR GET A COPY FOR A SMALL FEE. THE 10-DAY PERIOD MEANS NO WILL CAN BE PROBATED WITHIN THE FIRST 10 DAYS AFTER THE DATE OF DEATH. THE STATUTE DOES NOT ESTABLISH A TIME PERIOD FOR THE ACTUAL PROBATE, AND THERE HAVE BEEN INSTANCES WHEN MANY MONTHS HAVE PASSED BEFORE THE PROBATE ACTUALLY OCCURS. IF YOU HAVE ANY ADDITIONAL QUESTIONS, CONTACT ME DIRECTLY.