Legal Question in Wills and Trusts in New Jersey

Re: Tampering with document?

I'm not certain I understand your question.

Normally, when a Will is submited to probate, the original stays with the Surrogate in that state...If ancillary probate is needed in another state, the executor obtains an 'Exemplified Copy' of the Will which can then be probated in the other state.

As for 'tampering' with a Will, if the staples have been removed, that can cause the Surrogate not to admit the Will to probate if it appears that the document has been tampered with. I don't understand why someone would be removing the staples at the Surrogate's office, unless they saw something that made them suspicious and wanted to remove the staples to examine the Will.

You don't indicate whether the Will was in fact, admitted to probate...so I'm not sure what your question is.

Re: Tampering with document?

I agree with Jon, but have some additional observations. When a document is submitted for recording it is usually photocopied, which requires that staples, brads or other similar means of keeping the document together must be removed and, after photocopying, be replaced. I am not sure what took place at the Surrogate's office. Had the document already been submitted for probate, photocopied and reattached? Was the person examining it there at the time of presentation and asked for the staples to be removed so the document could be examined? Was the tape applied to keep the document intact until the Surrogate processed it? Removing staples, in itself, is not tampering unless something else took place (like replacing a page), as they would have to be removed to photocopy it. The Executor would receive a photocopy along with an original Letters Testimentary, and perhaps a backer and/or other document from the Surrogate, all stapled together. The original, after making copies as needed, would remain with the Surrogate. Each time copies are needed, such as for Ancillary Probate, the staples would be removed to facilitate photocopying. If you have any other questions, or wish to supply more information, contact me directly.