QUESTION
I am a NJ resident. I my will is signed and witnessed in NY can it be probated in NJ?
Asked on Dec 07th, 2012 on Trusts and Estates - New Jersey
2 ANSWERS
Robert C. Novy
As long as the Will is “self-proving” meaning that when it was signed and witnessed it was notarized as well, the witnesses will not be needed to appear at the Surrogate’s Court at the time of probate. Nevertheless, it’s usually recommended that when a person moves to another state, his will be reviewed by a local attorney. In light of changes in one’s family dynamics, marriage, divorce, births, adoptions, disabilities and constant changes in State and Federal estate tax laws, we generally recommend every estate plan be reviewed every 3 to 5 years anyway. Lastly, most attorneys will perform a review as a professional courtesy.
Answered on Dec 11th, 2012 at 9:11 AM
2 Awards
your will can be very easily probated provided that it is self proving. That means that two witnesses watched you sign your will and have attested to that fact, and had their signatures notarized. The witnesses have to sign, and then a notary has to include a statement called an attestation clause, attesting to the fact that the witnesses know it was you and witnessed the will.
Answered on Dec 08th, 2012 at 6:42 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship