If my grandfather dies and there is only a copy of the Will but no original, can the copy be filed for probate?

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If my grandfather dies and there is only a copy of the Will but no original, can the copy be filed for probate?

Also, if my father predeceased me do I have ny rights to his assets or does everything go to my aunt?

Asked on June 1, 2013 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your losses.  So let me see if I understand things here.  Your Grandfather has passed and there is only a copy of his WIll and not the original.  As long as the copy is a signed copy with the witnesses signatures as well then there are generally statutes asking the court to allow it to accept the copy as the original.  It is hard but not impossible.  Now, I am assuming your Grandfather left the estate to your Dad and your Aunt.  The Will will govern the distribution.  It should state that if one of them predeceased your Grandfather his or her share would go either to the other or to the "descendants" of the pre deceased child.  If I have mis interpreted your question please write back.  Good luck.


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