Legal Question in Wills and Trusts in New Jersey
Speeding up probate
My father passed away last week. His legal will leaves everything to my mother, and I his son, am the executer. I reside in Jerusalem together with my only sister. Both my sister and I respect my father's wishes and I intend to proceed as he desired. I am traveling to the US to take care of the estate. My question: are there any documents that I should bring from my sister (stating that she does not contest the will etc) that would speed up the probate?
1 Answer from Attorneys
Re: Speeding up probate
Sounds like everything should go smoothly but there is one thing you could do. By law, an Executor is required to give notice of probating of the Will, within 60 day by certified mail, to every beneficiary named in the Will as well as heirs who would have been beneficiaries if there was no Will. This notice must state that a copy of the Will will be provided upon request but I just send everybody a copy with the Notice so all bases are covered.
I don't know how certified mail to Israel works although I assume there is some form of mail that provides proof your sister received it. The Post office receipt proves you sent it but if she were to send you a notarized statement of receipt of a copy of the Will after your appointment, that would remove any questions. As to not contesting the Will, that is not required and even if she gave such a statement it wouldn't prevent her from doing so later if she claimed your were acting contrary to the Will, that she found out your father wasn't of sound mind, etc. It doesn't seem like that will happen but there is no written document she could sign now that would prevent it.