New Jersey estate facts · Wills

Can a copy of a will be probated in New Jersey?

The short answer

No. New Jersey Surrogates probate only the original will. A photocopy or scan isn't accepted.

The details

The county Surrogate's Court needs the original, signed will to admit it to probate. A copy, even a clear one, can't be probated by the Surrogate.

If the original can't be found, the estate is generally handled as if there were no will: the next of kin apply to the Surrogate to be appointed administrator instead. Situations involving a lost will can become more involved and may need an attorney's help.

Original wills are often kept in a home safe, a file cabinet, a safe deposit box, or with the attorney who drafted them. It's worth calling the drafting attorney's office if you know who it was.

For families settling an estate. Finding the original will early saves time later. If it truly can't be located, the estate can still be settled; it simply follows the administration path instead of probate.

Reviewed November 2026General information, not legal or tax advice. Rules can change, and every estate is different. We can connect you with an experienced estate attorney we trust.

Read our full New Jersey probate guide →

Talk to a real person

Tell us what's holding the property up.

One short call. We'll tell you plainly whether we can help, and what it would look like — no pressure and no cost.

Call (732) 515-3885 Free Consultation