Legal Question in Wills and Trusts in New Jersey
was there a will
How can I find out if my father in law had a w?ill when he died in NJ in 2004
1 Answer from Attorneys
Re: was there a will
An estate should have been opened in the Surrogate's office in the County where he resided at the time of his death. This was the responsibility of the executor named in the will, if there was one, or next of kin if there was no will. Your spouse should have received notice if an estate was opened.
Your spouse may call the Surrogate's office to ask if an estate was opened. If no estate was opened, your spouse should ask the Surrogate [they can be very helpful] what the next step is to force the administration of the estate.
If your father in law had no assets, his surviving partner or spouse may not have done anything to administer the estate. However, if he had debts, the way to clear those would be by opening an estate and filing necessary reports and returns to show that the estate was insolvent.