Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Wednesday, April 08, 2020

Handwritten Will cannot be admitted by Surrogate to Probate

Handwritten Will cannot be admitted by Surrogate to Probate 

The Hunterdon Surrogate and other surrogates advise to be effective, a Will must be written, signed by the testator and witnessed by at least two people, or the signature and material provisions are in his/her handwriting. 
Handwritten Wills are not recommended because these Wills, referred to as holographic wills, cannot be probated in the Surrogate's Court but must be presented to the Superior Court. 
Each witness must personally witness the signing of the will. Witnesses do not have to read the will or know it's contents. 
While the law permits a beneficiary to witness a will, it is recommended that a beneficiary-witness be used only when a disinterested party is not available. In this way, possible future challenges may be avoided.
NJ Statutes also allow the witnesses and testator to sign the will in the presence of a Notary Public or attorney making the will "self-proven". This relieves the witnesses from appearing in the Surrogate's Court to prove their signature at the time of probate.
More info at https://www.co.hunterdon.nj.us/depts/surrog/probate.htm