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How does Will get to probate?

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country bumpkin

Junior Member
What is the name of your state? NJ

My Dad passed away last month (lived in NJ) and I'm trying to figure out how his will gets to probate. I read his will before he died and wish I had made a copy or asked questions at that time. He named a proffessional organization as the executor (a bank I think).

Question: How does the will get to probate? Is there something that triggers the executor to hire a probate attorney? What if they are unaware that he passed away?

I wish I had the forsight to write down who the executor is. I live in TN and all my siblings live out of state/country also. We are hesistant to ask my stepmother about it, I guess we don't want to look like golddiggers. My sister did ask her about the will right after he passed away and it upset her.

My Dad's estate is considerable, in the millions.

Thanks for your time
 


Dandy Don

Senior Member
The will is normally filed within 30-60 days after the death, in the county courthouse probate court, so if you know the city where he died, check the county courthouse probate court for that city to see if it has been filed yet. If it has been, you can order a copy by mail.

If your father left the names and addresses of the beneficiaries with the executor, you can expect to be hearing from them after the will is filed for probate.
 

FlyingRon

Senior Member
In NJ the term usually used is "Surrogate" when you're digging through the government pages of the phone book.
 

country bumpkin

Junior Member
Thanks I checked the surrogate's court in both counties my Dad lived in last year. Nada.

Called his banker, Nada.

Guess one of us need to chat with Step Mom.
 

lwpat

Senior Member
A chat may well be in order. Do you know who drew up the will? They probably have a copy. If step mother is not forthcoming you need to retain an attorney and file for probate on your own. You do not need the will to do this.
 

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