New Jersey Wills Attorney Christine Matus Explains Who Keeps the Original Copy of a Will

New Jersey wills attorney Christine Matus (https://matuslaw.com/who-keeps-the-original-copy-of-a-will/) provides essential insights into the importance of safeguarding the original copy of a will and who should keep it to ensure a smooth probate process. At The Matus Law Group, the legal team works with individuals and families to help them navigate estate planning and protect their wishes. Proper storage and accessibility of a will can prevent legal complications, delays, and disputes among beneficiaries.

A will serves as a legally binding document outlining the testator's instructions regarding asset distribution, guardianship of minors, and other critical decisions. For a will to be accepted by the New Jersey probate courts, the original document must be presented. New Jersey wills attorney Christine Matus emphasizes the significance of securing the will and ensuring key individuals know its location to avoid unnecessary legal challenges.

Losing or misplacing an original will can create significant legal complications. New Jersey probate courts require substantial proof if an original will is lost or destroyed, as the court may assume the testator revoked the document. New Jersey wills attorney Christine Matus discusses how testators, executors, and attorneys play a role in protecting the will and ensuring that it remains intact for probate.

One of the most critical decisions in estate planning is determining who will hold the original copy of a will. In New Jersey, the probate process cannot begin without the original will, making proper storage a key factor in avoiding disputes. Many testators choose to store their will at home in a fireproof safe, in a bank's safe deposit box, or with an attorney who offers document safekeeping services. Christine Matus explains that while personal safes can keep a will secure, they may create access issues if the executor or family members do not have the proper permissions to retrieve the document after the testator's passing.

Executors play a crucial role in estate planning and probate, as they are responsible for retrieving and filing the will with the New Jersey Surrogate's Court. Christine Matus explains that executors are legally recognized as "interested persons" under New Jersey law, allowing them to access the New Jersey Will Registry if the testator has registered their will. Registering a will does not store the actual document but provides a record of its location, making it easier for executors and beneficiaries to find it when needed.

Attorneys also serve as a secure option for will safekeeping. Many individuals choose to store their original will with an estate planning attorney, as law offices have established systems for tracking and retrieving important legal documents. Christine Matus highlights that attorneys can also provide certified copies and inform executors and beneficiaries about the location of the will, reducing the risk of loss or misplacement.

While New Jersey does not allow pre-death filing of wills with the Surrogate's Court, alternative methods exist to ensure the document remains accessible. The New Jersey Will Registry, managed by the Office of the Secretary of State, allows testators or their attorneys to register a will's location for a small fee. Christine Matus explains that while registration is not required, it can help prevent the will from being lost or overlooked.

After a testator's passing, the executor is responsible for locating and filing the original will. If the document is missing, New Jersey courts may assume the testator intentionally revoked it. Overcoming this presumption requires clear and convincing evidence, such as witness testimony or proof that the will was unintentionally lost due to unforeseen circumstances. Christine Matus explains that in cases where the original document cannot be found, executors and beneficiaries may need to go through legal proceedings to prove the will's validity, which can lead to delays and increased legal costs.

Family members may also have the right to access the will, especially if they are beneficiaries or have a legal interest in the estate. Once a will is filed with the New Jersey Surrogate's Court, it becomes a public record, allowing anyone to request a copy. Christine Matus notes that if an executor does not file the will for probate in a timely manner, beneficiaries may petition the court to compel the executor to produce the document.

To avoid complications, testators should take proactive steps to ensure their will is stored securely and that trusted individuals are aware of its location. Common storage solutions include safe deposit boxes, home safes, and attorney offices that offer secure storage services. Christine Matus advises that combining secure storage with will registration can help prevent disputes and simplify the probate process.

Christine Matus states, "Executors, attorneys, and trusted family members all play a vital role in ensuring that the will remains accessible when it's needed most."

Protecting the original copy of a will is essential for ensuring that a testator's final wishes are honored. Proper estate planning includes carefully selecting who will keep the will and taking steps to make it accessible when necessary. By working with The Matus Law Group, individuals and families can receive legal guidance on safeguarding their estate plans and avoiding potential probate challenges.

About The Matus Law Group:

The Matus Law Group is a trusted law firm dedicated to assisting New Jersey residents with estate planning, wills, trusts, and probate matters. With a strong commitment to helping families protect their assets and plan for the future, the firm provides legal guidance tailored to each client's unique needs. Led by Christine Matus, the team works closely with individuals to ensure their estate plans are secure and legally sound. Through personalized legal support, The Matus Law Group helps clients navigate estate planning decisions with confidence.

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