QUESTION
My Father recently passed. My estranged sister is executor of the will. As the son, am I entitled, in NJ, to see a copy of the will prior to probate?
Asked on Apr 23rd, 2020 on Wills and Probate - New Jersey
More details to this question:
My Father recently passed. My estranged sister, who is executor of the will, isolated him from the rest of the family for 2 years prior to his death. I have a copy of His will from 2016, prior to his isolation. I have filed a caveat. I would like to see if the will to be probated is the same as the one from 2016 to make sure my Sister did not unduly influence him to change the will. If it's the will from 2016, I will lift caveat. I spoke with the estate attorney who told me he would email me a copy of the will if I emailed him copy of the caveat. I emailed a copy of caveat but, a week later, the estate attorney has not emailed me a copy of the will. As the son, am I entitled in NJ to see a copy of the will prior to probate? Is the estate attorney required to send me a copy of the will?
1 ANSWER
2 Awards
You are not entitled to a copy of a Will simply because you are related to the deceased. But when a Will is submitted for probate, it becomes a matter of public record. You can check with the local surrogate's court. You write that your father recently passed. Please note that a death certificate must be obtained before the Will can be probated, perhaps accounting for any delay.
Answered on Apr 24th, 2020 at 6:23 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.