SELF PROVING WILLS
TO SPEED UP PROBATE
Under the old New Jersey
Probate Rules required one of the two witnesses to a will to travel and appear
in the surrogate’s office and sign a paper to certify they were a witness. This often created problems when the witness
was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to
simply sign a surrogate paper.
The New Jersey Legislature passed a law
to create a new type of will called a “Self-Proving Will.” In such a will, the person for whom the will
is made will sign. Then two witnesses
sign. Then the attorney or notary must
sign; with certain statutory language to indicate the will is self proving. When done properly, the execution will not
have to locate any witnesses. This
usually saves time and money. If your
will is not “self-proving” or if you are unsure, schedule an appointment with
an elder law attorney.
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