Last Will And Testament requirements in New Jersey
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of at least two witnesses.
- The witnesses must sign the will in your presence and in each other's presence.
- New Jersey does not require notarization for a valid will, but a self-proving affidavit (notarized) can speed up probate.
- If you are blind or unable to read, the will must be read aloud to you before signing, and a certificate must be attached.
How to create a Last Will And Testament in New Jersey
- List your assets and decide who should inherit them.
- Choose an executor (personal representative) who will manage your estate.
- Draft your will, naming beneficiaries and an alternate executor.
- Review your will with a lawyer or use a reputable will template that complies with New Jersey law.
- Sign your will in the presence of two witnesses who are not beneficiaries.
- Store your will in a safe place and tell your executor where to find it.
What a Last Will And Testament typically costs
In New Jersey, the cost of a last will and testament varies: DIY templates range from $20 to $100, while hiring an attorney typically costs $300 to $1,200, depending on complexity. Additional court fees may apply during probate, but the will itself doesn't require filing until after death.
Ready to protect your loved ones? Start your last will and testament in New Jersey today with our easy-to-use template.
Create your last will and testamentBefore You Begin: NJ Will Checklist
Drafting a valid will in New Jersey requires careful preparation. Use this checklist to gather essential items and understand key rules before you start.
- List all assets, including real estate, bank accounts, investments, personal property, and digital assets, and note their approximate values.
- Decide on your executor and backup executor—someone you trust to manage your estate; consider discussing this with them beforehand.
- Identify guardians for minor children (if applicable) and discuss your wishes with them in advance.
- Know NJ's signing rules: you must sign your will in the presence of at least two competent witnesses who are not beneficiaries.
- Have a notary public available at signing, as New Jersey wills can be 'self-proved' with a notarized affidavit to simplify probate later.
- Collect key personal documents: ID, Social Security number, and any existing estate planning documents (like prior wills or trusts) to avoid conflicts.
Frequently asked questions
What is a living will and how does it differ from a last will and testament?
A living will is also called an advance directive; it states your medical care preferences if you become incapacitated. A last will and testament, on the other hand, handles the distribution of your property after death. Both are important components of estate planning in New Jersey.
Do I need a lawyer to write a will in New Jersey?
No, you can write your own will using a template, but it must meet New Jersey's legal requirements to be valid. Consulting a lawyer is recommended if your estate is large or complex, to avoid mistakes that could cause disputes.
Can I disinherit a spouse in New Jersey?
No, New Jersey law gives your spouse the right to an elective share—typically one-third of your estate—regardless of what your will says. You cannot completely disinherit a spouse, but you can disinherit adult children, though they may challenge the will.
What happens if I die without a will in New Jersey?
If you die intestate (without a will), New Jersey's intestacy laws decide who inherits your assets. This may not match your wishes. It's best to have a will to ensure your property goes to the people you choose.