Who Keeps the Original Copy of a Will? - Christine Matus

BSPE Legal Marketing Podcast

From Matus Law Group – Who Keeps the Original Copy of a Will? explores the critical importance of safeguarding the original will in New Jersey estate planning. This episode addresses why securing the original document is essential to the probate process and how families can ensure that a loved one's final wishes are honored. Through a focused discussion, the podcast breaks down the legal implications, common challenges, and best practices associated with storing this vital legal record.
In New Jersey, the original will must be submitted to the Surrogate's Court to begin probate proceedings. Without it, courts may question the authenticity of a copy, leading to delays, legal conflicts, or even the invalidation of the will’s directives. The podcast details how the absence of the original can complicate the executor’s responsibilities and provoke disputes among heirs, highlighting why proactive storage and communication are key.
Responsibility for retaining the original will typically lie with the testator, who is encouraged to store it in a secure yet known location. However, alternatives such as entrusting the will to the named executor or a trusted attorney are also discussed. The episode outlines how attorneys may keep copies in secure files but are restricted from reproducing or releasing them without explicit permission, reinforcing the importance of transparency with family members about the document’s whereabouts.
The Matus Law Group reinforces its commitment to supporting clients through all stages of estate planning. This episode empowers listeners to take control of their legacy with clarity and confidence. Whether you're drafting a new will or updating an existing one, understanding proper storage and communication practices ensures peace of mind for you and your loved ones.

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