Legal Question in Wills and Trusts in New Jersey

Technically the will may not need to be probated because all assets would automatically pass to the spouse. That said, I usually advise clients to probate the will anyway, so that an executor is appointed...Often you will need to have someone "in charge"...if not now, then perhaps in the future. Better to get the executor in place now rather than have to scramble to get someone appointed in the future.