New Jersey Petition to Probate Lost Will

Category:
State:
Multi-State
Control #:
US-02168BG
Format:
Word; 
Rich Text
Instant download

Description

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.


The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Free preview
  • Preview Petition to Probate Lost Will
  • Preview Petition to Probate Lost Will
  • Preview Petition to Probate Lost Will

How to fill out Petition To Probate Lost Will?

Have you been in a place in which you need documents for both organization or individual uses just about every time? There are tons of legitimate document layouts accessible on the Internet, but discovering kinds you can rely isn`t effortless. US Legal Forms offers thousands of type layouts, such as the New Jersey Petition to Probate Lost Will, which are created in order to meet state and federal demands.

If you are currently familiar with US Legal Forms web site and possess a merchant account, merely log in. Following that, you can download the New Jersey Petition to Probate Lost Will design.

If you do not offer an profile and need to begin to use US Legal Forms, adopt these measures:

  1. Find the type you want and ensure it is for your proper area/state.
  2. Take advantage of the Review button to review the shape.
  3. See the explanation to actually have chosen the right type.
  4. In case the type isn`t what you are seeking, make use of the Lookup industry to discover the type that suits you and demands.
  5. Once you discover the proper type, click Buy now.
  6. Opt for the rates prepare you desire, fill out the specified details to produce your money, and pay for an order using your PayPal or Visa or Mastercard.
  7. Decide on a hassle-free file file format and download your backup.

Find each of the document layouts you might have purchased in the My Forms menu. You can obtain a more backup of New Jersey Petition to Probate Lost Will whenever, if necessary. Just select the needed type to download or produce the document design.

Use US Legal Forms, by far the most comprehensive assortment of legitimate kinds, to save lots of time as well as avoid faults. The support offers appropriately created legitimate document layouts that you can use for a selection of uses. Create a merchant account on US Legal Forms and commence generating your daily life a little easier.

Form popularity

FAQ

The beneficiary also has the right to receive a copy of the will. This means that a beneficiary has a right to know the approximate amount he or she is likely to receive after the will is probated. The beneficiary does not, however, have the right to view or receive the inheritance until probate is completed.

If your will was simply lost or accidentally destroyed, it still reflects your wishes. A copy of the will can be submitted to the court, and the court may (but does not have to) open a probate based on that copy.

New Jersey probate law allows for a lost will to be probated under limited circumstances. New Jersey law presumes that if an original will cannot be found, then the testator intended to destroy and revoke the will. See How Do You Revoke a Will In New Jersey to learn more.

The Executor named in the Will must file a Complaint in Superior Court asking the Probate Judge to issue an order permitting the probate of the Will's copy. In support of the application, the named Executor must explain what efforts he or she made to locate the original Will.

Check the Will to be sure that it is the original Will, not a conformed or plain copy. Only an original Will may be entered into probate by the Surrogate's Court. Determine who the named executor is in the Will and whether he/she/they will qualify.

Probate Process In New Jersey There is no official deadline for how long after their death you can file, but many families try to start the process as soon as possible. When filing probate in New Jersey, consider the state's inheritance and estate tax laws.

Trusted and secure by over 3 million people of the world’s leading companies

New Jersey Petition to Probate Lost Will