New Jersey estate facts · Probate timing
How soon after a death can a will be probated in New Jersey?
The short answer
Not for at least 10 days. New Jersey law doesn't allow a will to be admitted to probate until 10 days after the person's death.
The details
Under N.J.S.A. 3B:3-22, no will can be admitted to probate in New Jersey until 10 days have passed since the death. The executor can gather documents and even file the paperwork with the county Surrogate during that time, but the Surrogate won't admit the will or issue Letters Testamentary until the waiting period ends.
Those Letters are what give the executor legal authority to act for the estate, including signing for the sale of a house. Until they're issued, no one can sell a property that was in the deceased person's name alone.
In practice, the first few weeks are usually spent finding the original will, getting certified death certificates, and getting the right help to open the estate.
Related estate facts
Other questions families ask.
Can a copy of a will be probated in New Jersey?
No. New Jersey Surrogates probate only the original will. A photocopy or scan isn't accepted.
Read the answer → ProbateWhere is probate handled in New Jersey?
At the Surrogate's Court in the county where the person lived. Each of New Jersey's 21 counties has its own Surrogate.
Read the answer → No willWhat happens in New Jersey when someone dies without a will?
The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.
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