Legal Question in Wills and Trusts in New Jersey

Reading of a will

I live in a different state than where my mother's Will is going to be read. If I am in the will do I have to be present at the time the will is read. If I can't be there can I appoint someone as power of attorney to be there on my behalf? How do I arrange for a POA?


Asked on 10/08/03, 3:01 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Reading of a will

The idea of a formal "reading" is a fiction, usually in novels, TV or the movies. The Will gets probated (submitted to a Surrogate's office and the Executor named gets appointed). If you are named, you are advised of the probate and should be given a copy of the Will. Any questions can be raised after the initial probate. If a copy is not given when you are notified, you may request a copy from the Executor, or get one from the Surrogate, aslthough there will be a photocopy fee. You only need to be present if you are named as Executor, and in many states this can even be done thorugh the mail.

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Answered on 10/09/03, 4:05 pm
Deborah Matthews Robert E. Ward & Associates, P.C.

Re: Reading of a will

In Virginia a formal reading of the will is not required. You may wish to request that the Personal Representative of the estate send you a copy of the will.

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Answered on 10/08/03, 3:07 pm
Miriam Jacobson Retired from practice of law

Re: Reading of a will

If your mother resided in NJ, her will is probated [filed]in the office of the Surrogate for the County where she resided.

Wills are not generally "read"; the person appointed as the personal representative in the will (sometimes called Executor or Executrix)presents the will for filing, and seeks to have Letters issued authorizing the personal representative to act on behalf of the estate.

The personal representative is required to give notice to all heirs and beneficiaries. Sometimes, as a courtesy, a copy of the will is sent with the notice, otherwise, each heir or beneficiary may view the will in the Surrogate's office.

If the personal representative will not send you a copy of the will, either with the notice to you or upon your request, you may contact the Surrogate's Office to request a copy.

You need to be present only if you are the person named as personal representative.

If you do not receive a notice about the probating of the will, you may wish to contact an estates attorney in the county where your mother resided.

My NJ Office: Suite 412, Stationhouse, 900 Haddon Avenue, Collingswood NJ 08108; Telephone: 856-858-7775.

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Answered on 10/08/03, 4:39 pm


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