I am not a lawyer. I drafted a will for my wife's uncle who lived in Camden County New Jersey and recently died. The will was signed in front of two witnesses, who then both signed the Will. It was not notarized. There was no mention of a Bond requi ...

Submitted by wpweeks on

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I am not a lawyer. I drafted a will for my wife's uncle who lived in Camden County New Jersey and recently died. The will was signed in front of two witnesses, who then both signed the Will. It was not notarized. There was no mention of a Bond requirement in the Will. The Surragate Court in Camden is telling us that unless the Will stated no bond is required that the Executor, his daughter, and also a resident of New Jersey, requires a Surety Bond. Is this legal ?

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It sounds as though the will

Submitted by elizabethcarlsen on

It sounds as though the will was executed according to the requirements of the state of New Jersey. For example, the will was witnessed by two individuals, who then signed the will confirming they saw the testator sign the document. A surety bond protects the assets of the estate from any wrongdoing on the part of the executor and is essentially an insurance policy. A will is free to include a provision that states that no surety bond is required for the executor, but without this provision, most courts require the executor to purchase a surety bond. The cost of the bond premium is calculated based upon the size of the estate and must remain active until the settlement of the entire estate. Contact an attorney in New Jersey to discuss this requirement. In addition, for more information about the probate process in Camden, seehttp://www.camdencounty.com/government/county-services/probate.

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It sounds as though the will

Submitted by elizabethcarlsen on

It sounds as though the will was executed according to the requirements of the state of New Jersey. For example, the will was witnessed by two individuals, who then signed the will confirming they saw the testator sign the document. A surety bond protects the assets of the estate from any wrongdoing on the part of the executor and is essentially an insurance policy. A will is free to include a provision that states that no surety bond is required for the executor, but without this provision, most courts require the executor to purchase a surety bond. The cost of the bond premium is calculated based upon the size of the estate and must remain active until the settlement of the entire estate. Contact an attorney in New Jersey to discuss this requirement. In addition, for more information about the probate process in Camden, seehttp://www.camdencounty.com/government/county-services/probate.