New Jersey estate facts · Wills
Can a copy of a will be probated in New Jersey?
The short answer
No. New Jersey Surrogates probate only the original will. A photocopy or scan isn't accepted.
The details
The county Surrogate's Court needs the original, signed will to admit it to probate. A copy, even a clear one, can't be probated by the Surrogate.
If the original can't be found, the estate is generally handled as if there were no will: the next of kin apply to the Surrogate to be appointed administrator instead. Situations involving a lost will can become more involved and may need an attorney's help.
Original wills are often kept in a home safe, a file cabinet, a safe deposit box, or with the attorney who drafted them. It's worth calling the drafting attorney's office if you know who it was.
Related estate facts
Other questions families ask.
How soon after a death can a will be probated in New Jersey?
Not for at least 10 days. New Jersey law doesn't allow a will to be admitted to probate until 10 days after the person's death.
Read the answer → No willWhat happens in New Jersey when someone dies without a will?
The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.
Read the answer → No willWhat if no heir applies to administer an estate in New Jersey?
If the heirs don't claim administration within 40 days of the death, the court may appoint another suitable person.
Read the answer →Talk to a real person
Tell us what's holding the property up.
One short call. We'll tell you plainly whether we can help, and what it would look like — no pressure and no cost.