If your New Jersey Will was executed before 1978, there is a very good chance that it is not “self-proving,” which means that it cannot be admitted to probate without an affidavit of one of the witnesses to its signing. Needless to say, it can be very difficult or impossible to comply with this requirement where, as often happens, witnesses have died or relocated, are no longer competent to sign the affidavit or are even unwilling to do so. In those cases where the Will is not self-proving and no witnesses can be located, it must be probated in “solemn form,” which requires a court proceeding in place of the typical inexpensive and user-friendly visit to the Surrogate’s office to have the instrument admitted.
In my thirty-five plus years of experience, this scenario has presented itself more often than one might think. So, anyone whose Will was executed pre-1978, or who is uncertain as to whether his or her Will contains the required self-proving language, should have it examined by an attorney to guard against the possibility that a formal proceeding will have to be commenced in order to have it admitted to probate, which can be costly and time consuming. One final thought: a Will that is not self-proving can be rendered self-proving by the simple expedient of adding the required statutory language to the document. However, this must be done with the same formalities observed when the Will was signed initially, including the attendance of two witnesses and a notary public, and the signing ceremony should be overseen by a qualified legal professional.
Feel free to contact our office to have your Will reviewed for compliance with the statute.