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When you draft a will , it is important that you store it in a safe location. For some people a safe location is under their bed, on the top shelf in their closet, inside a floor board or in the freezer.
Others feel better having their last will and testament in the hands of a trusted relative or friend. Since your will explains what will become of your earthly assets and possessions after you die, it is of the utmost importance that it be protected from theft, tampering and destruction (accidental or intentional).
Given the number of external factors that can affect wills — fire, disgruntled heirs , humidity, desiccation — it is common for testators to store their wills in safe deposit boxes . If you have a relative who recently passed away and he or she left a safe deposit box behind that contains a will, it is important that you access the box as soon as possible. According to New Jersey State law, the personal representative of the deceased’s estate is allowed to access his/her safe deposit box in order to retrieve the will.
The law also permits the personal representative to retrieve a deed for a cemetery plot . It is important that such a deed be retrieved immediately after your relative passes so that he or she may be properly laid to rest in accordance with their wishes. Furthermore, the personal representative may retrieve certain life insurance policies from the decedent’s safe deposit box. All three of these documents may be retrieved by the personal representative before probate and without a representative of the Inheritance Tax Bureau present.
After the personal representative has retrieved the will, the deed for the cemetery plot and certain life insurance policies of the deceased, the safe deposit box is then sealed until the District Supervisor of the New Jersey Transfer Inheritance Tax Bureau unlocks the box and takes inventory of its contents.
Whether you need help drafting a will or understanding the probate process, you should consult with an experienced attorney as soon as possible.