How long does it take to get a death certificate in New Jersey?

Asked over 1 year ago - Hillside, NJ

A person is claiming that in order to retrieve a last will and testament from the lawyer she would need a death certificate is this true?

The person passed away over a month away, does a death certificate usually takes this long? Is there a place I can call about this the death certificate?

Additional information

The death was from cancer and nothing like murder where an autopsy would be need or anything like that. Is this particular family possible dragging their legs about this saying she is waiting on the death certificate when its been over a month?

Attorney answers (3)

  1. Kenneth A White

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your inquiry should be posted in an Estate / Probate Forum as opposed to the Family Law Forum.

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  2. Lawrence A Friedman

    Contributor Level 18

    2

    Lawyers agree

    Answered . In NJ, death certificates usually are ordered by the funeral director. While it only takes the municipality a week or two to issue the certificate, it is possible that the funeral home may have delayed ordering certificates, perhaps until their bills are paid. There is no legal requirement that a lawyer receive a death certificate, but a lawyer certainly could refuse to release a will until he sees a death certifiate.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  3. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . No way of knowing for sure. Most death certificates are issued within a week. Why would anyone want to delay getting the Will?

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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