Legal Question in Wills and Trusts in New Jersey

Wills

I need to know if a will is considered a publicly record. I need to find out the heir of someone's will and don't know if it is available to the public. If not, is there a way to find out this information?


Asked on 5/17/05, 8:48 am

3 Answers from Attorneys

Re: Wills

If the person who made the Will is still alive, it's unlikely you'll find it in any public record. This is because a Will is completely ineffective until the moment of death so that a person can change it as many times as they want during their lifetime. Certain contracts to make a Will are recorded with Deeds to real estate but this is rare.

To find out if a person is an heir under a Will you'll either have to ask the person who made the Will or wait until that person dies and the Will is offered for probate.

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Answered on 5/20/05, 7:40 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Wills

Once someone dies and their Will is probated, the Will does become a public record, meaning that if someone wanted to, they could go to the Surrogate's Court and obtain a copy of the Will.

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Answered on 5/17/05, 9:53 am
Walter LeVine Walter D. LeVine, Esq.

Re: Wills

I agree with the prior authors, that until a person dies, its contents are not public, nor are you entitled to any information. Once probated (after the maker dies), it is a public document unless (extremely rare) sealed by the Court. You can read it at the Surrogate's office or, for a small fee, get a photocopy. An heir may be named, but contact information may not be in the Will. That information might be available from the Executor or the attorney for the estate.

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Answered on 5/23/05, 9:43 am


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