How to Create a Legally Valid Will in New Jersey: Requirements & Steps
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Why Every New Jersey Adult Should Have a Will
There are many Important reasons why every New Jersey adult should have a Will. Having a Will ensures your assets go to the beneficiaries you choose and and avoid going to people you don’t want to receive your property. (If you pass without a Will the default setting is New Jersey Law which specifies where your assets and who your assets go to.) Further, if you have any minor children it allows you to appoint Guardians for those children and who will be responsible to take care of those children and under what sort of terms/directions, and who will control the finances for those children.
Additionally, having a Will clarifies and prevents any sort of family disputes or court battles and also minimizes the costs of probating and administering your estate. (Because if you pass without a Will your beneficiaries will not only have to make a court appearance and hire a lawyer, and they will also have to post a bond to get themselves appointed as administrator and approved by the court.)
It is normal to feel apprehensive and postpone your Will, but the delay causes more pain in the future and it is extremely important to face the fear and put some effort into planning to make life easier for your beneficiaries once you pass.
Key Takeaways
- A Will is the foundation of estate planning in New Jersey. Without a valid Will, New Jersey intestacy laws (not your personal wishes)determine who inherits your assets and who controls the process.
- New Jersey has strict execution requirements. To be legally valid, a Will must be in writing, signed by the testator, and executed in the presence of two witnesses. Including a self-proving affidavit can significantly reduce probate delays and costs.
- A properly drafted Will protects your family and reduces conflict. Clear beneficiary designations, executor appointments, and guardianship instructions for minor children help prevent disputes, court intervention, and unnecessary legal expenses.
- Not all assets pass through a Will. Certain assets (such as life insurance, retirement accounts, POD/TOD accounts, jointly-owned property with survivorship rights, and trust assets) transfer outside of probate and are not controlled by your Will.
- Online templates often fail under New Jersey law. Generic forms frequently miss NJ-specific requirements, create ambiguity, or result in invalid execution, leaving beneficiaries with costly probate litigation.
- A Will should be updated as life changes. Marriage, divorce, children, business ownership, relocation to New Jersey, or the death of a named executor or beneficiary are all reasons to review and revise your estate plan.
- A complete estate plan goes beyond a Will. Durable Powers of Attorney, Health Care Proxies, and (in limited situations) trusts work together to protect you during incapacity and after death.
- Working with a New Jersey estate planning attorney saves time and money long-term. Proper drafting, execution guidance, and integrated planning reduce probate delays, court costs, and stress for your loved ones.
What Makes a Will Legally Valid in New Jersey?
Legal Requirements Under NJ Law
Under New Jersey Law the person making the Will (otherwise known as the ‘testator’) must be at least 18 years old, and must be of sound mind (which means they can understand the document they are signing). The Will must be in writing, be signed by the testator, it must be witnessed by two adults (at the same time the testator signs), and most attorneys will include a Self Proving affidavit which must also be signed by the testator, the two witnesses, and notarized.
What Is a Self-Proving Will in NJ?
The Self-Proving Will as it’s referred to often he’s a regular Will with the self-proving affidavit attached. Wills that have this self-proving affidavit will not need to be authenticated by the court and the witnesses who signed the Will will not have to appear and testify that that is the valid Will. The self-proving affidavit looks like this:
Step-by-Step Process for Creating a Will in New Jersey
1. Identify assets and beneficiaries – Who do you want to leave your property to? Do you want certain people to get certain things (like your son to get your real estate and your daughter to get your bank accounts)? Are there some specific pieces of jewelry or artwork that you want your nephew or niece to have? Do you have a child you haven’t spoken to in decades and want to remove them as a possible beneficiary from your Will? All of these things need to be considered and communicated to your attorney to draft a Will that accurately reflects what you want to happen.
2. Choose an executor and successor executor – Who will be the person responsible for handling all of the responsibilities of probating your estate? (This is a very difficult and long process and you want to choose somebody that is familiar with paperwork and is responsible.) Further, you want to choose someone who is younger than yourself as it is more likely that if you choose a parent or aunt/uncle that they will pass before you.
3. Decide on guardianship for minor children – Who will be responsible to raise your children if they are minors? Is this the same person that you want in charge of your finances in looking after your child or will you have two different people doing those jobs? For example, let’s say your sister is very good with children and you want her to be the guardian but she’s very very bad with money. You can instead appoint your brother as financial trustee to be in charge of distributing the funds for the child’s needs.
4. Work with an estate planning attorney to draft the Will – This is the type of situation that you want to get done correctly the first time. If you do not there can be significant costly financial problems for your beneficiaries to handle after your death. Having an experienced estate planning attorney draft your last Will is always the cheapest option in the long run.
5. Sign in front of two qualified witnesses – Once your Estate Attorney drafts the Will and you have reviewed and approved of that draft, you will schedule a time to execute the Will. You will need two witnesses and a notary. The Witnesses and the notary should not be family members or any possible beneficiaries under the terms of your Will.
6. Execute a self-proving affidavit – Make sure you execute a self-proving affidavit (as mentioned above) because it will save you and your beneficiaries a great deal of time and money in probating your Will. (Again if you have self-proving affidavit all your beneficiaries have to do is take the original Will down to the county clerk and then the clerk will give them ‘Letters Testamentary’ which is the power over the financial control of the estate.
7. Store the Will securely and inform the executor – Inform your executor where you’re storing your Will. You should keep your Will and a fire safe box at home and you should not put your Will into a safe deposit box at bank because some banks policies will not allow another person access to that without a court order and that is not something you want to deal with if your executive trying to get a hold of your Will.
Who Should Be Named in Your Will?
- Beneficiaries – Who gets what in terms of your assets or property?
- Executor and alternate executor – who should be in charge of Distributing your assets to those beneficiaries?
- Guardian(s) for minor children – who should be responsible for raising your minor children?
- Trustee(s) if a testamentary trust is included – who should be the trustee of any trust formed in the Last Will? (this is where the Will directs the executor to create a trust for certain assets. Usually, it is utilized for minor children until they become a certain age.)
What Property Can Be Distributed Through a Will?
There are two types of assets when it comes to an estate: 1) ‘Probate Assets’; and 2) ‘Non Probate Assets. The key determining factor is the type of asset and how it is titled. Generally speaking, if the asset is held in the testator’s personal name, (which usually includes real estate, bank accounts, stock, business holdings/interests, personal belongings, vehicles, jewelry, artwork, digital assets, online accounts).
What Your Will Does Not Control
Nonprobate assets are things that get distributed outside the scope of your Will. In other words, whatever you put in your Will will not cover or affect these items. Usually Non Probate Assets are governed by beneficiary forms that you will fill out for that given asset. The below are an example of the most common Non probate Assets:
- Life insurance with a named beneficiary
- Retirement accounts (401k, IRA)
- Certain Joint tenancy property (Example: you and your sibling own a house and the deed reflects you are tenants with rights of survivorship, where the survivor becomes the 10% owner.)
- Payable-on-death (POD) and transfer-on-death (TOD) accounts (These are specifically designated bank accounts that have a named person taking over the account upon your death.)
- Assets in a Trust
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Should You Also Have Other Estate Documents?
The Will isn’t the only document thatI should be part of your estate planning documentation. The Will governs everything happens when you pass, but what happens if there’s some instances of where you are still alive but unable to make medical and financial decisions for yourself? Thus every estate plan should also include a Durable Power of Attorney, which designates a person to control your financial decisions when you are still alive but unable to make decisions. Further, a Healthcare Care Proxy (which appoints someone to make medical decisions for you when you can’t make medical decisions for yourself). Finally, in certain circumstances if the testator is very ill you may want to have a Do Not Resuscitate (“DNR”), which is a document that directs Healthcare staff not to provide life affirming care in the event the testator passes on while in the hospital or under Medical care.
I get many requests from potential clients we’re looking to have their last Will and revocable living trust drafted for them. Usually most people will not require a living trust, and most lawyers will only suggest same because of the extra fees they receive. There are only very limited circumstances, such as circumstances where the testator and his or her spouse have families from other marriages, or where children of the testator have special needs. (Special needs children often have government assistance and any inheritance can disqualify them from assistance.)
Common Mistakes That Make a Will Invalid
- Missing witnesses or incorrect execution ceremony – If the Will is improperly executed, your beneficiaries will have to hire a lawyer and go before a judge to have the judge decide if the last Will is valid or not. (This is expensive and time consuming.)
- Using online templates not compliant with NJ law – Templates should rarely if ever be used. They only can apply to simple estates and generally speaking a lawyer can provide a similar cost for a simple estate package. The benefit is that your lawyer can craft your Will to exactly match what you intend and further you can ask the attorney questions.
- Leaving unclear or conflicting instructions – Conflicting instructions create openings for disputes and lawsuits between your beneficiaries. I have seen the aftermath of poorly drafted Wills and the disputes are long, expensive, and can significantly reduce the value of your estate. (This is because the estate pays for the executor’s lawyer and will also have to pay for any carrying costs of real estate or other costly asset upkeep.)
- Forgetting digital assets – You will need the Will to have the proper language so that your executor can have access to your social media so that any memorable photos will not be lost.
- Not updating after major life events (see below).
When Should You Update Your Will?
Life can change significantly over a decade. Perhaps you got married, divorced, had a child, bought a home, started a business, moved to New Jersey, or your executor died. All of the above should require you to draft a new Last Will. I usually recommend my clients update their Will every five to ten years to make sure they are protected.
Do You Need a Lawyer to Draft a Will in NJ?
It is not legally required to have a lawyer represent you in drafting a last Will, but it is highly wise to do so. Attorneys ensure compliance with NJ statutes, prevents ambiguity and probate disputes, and are extremely important for those with more complicated or nuanced estates. Further, when dealing with a lawyer you will get to ask questions, be involved with and understand the whole legal process of creating an estate plan.
How Much Does a Will Cost in New Jersey?
It will usually depend on the complexity of your estate. I like to discuss every aspect of my client’s financial and personal history and then provide a flat fee quote for most estate planning packages.
What Happens If You Die Without a Will (Intestacy)?
- State law decides who inherits (not you).
- Spouses and children may share assets. (Depending on marital status and if you had children with other spouses.)
- No guardianship instructions for children.
- Longer and more expensive probate process. (Someone will have to volunteer to be the estate administrator, be approved by a judge, post an expensive bond, and overall the process will be much more expensive (legal fees) and time consuming/delayed.
How to Store and Protect Your Will
- Keep original in a secure but accessible location.
- Inform executor where it is stored.
- Avoid safe-deposit boxes without executor access.
- Keep digital copies for reference only.
Frequently Asked Questions (FAQs) About How to Create a Legally Valid Will in New Jersey: Requirements & Steps
Do I need a lawyer to create a Will in New Jersey?
No, New Jersey law does not require you to use a lawyer to draft a Will. However, working with an estate planning attorney greatly reduces the risk of errors, invalid execution, ambiguity, or unintended consequences that can lead to probate disputes, court delays, and higher costs for
your beneficiaries.
What makes a Will legally valid in New Jersey?
A New Jersey Will must be in writing, signed by the testator (the person making the Will), and witnessed by at least two adults at the same time. Most attorneys also include a self-proving affidavit, which eliminates the need for witnesses to appear in court after death.
What is a self-proving Will, and why is it important?
A self-proving Will includes a notarized affidavit signed by the testator and witnesses at the time of execution. This allows the probate court to accept the Will without requiring witness testimony, saving time, legal fees, and administrative delays for your estate.
What happens if I die without a Will in New Jersey?
If you die without a Will, New Jersey intestacy laws determine who inherits your assets. The court will appoint an administrator, require a bond, and follow statutory distribution rules that may not reflect your wishes. Guardianship decisions for minor children will also be left to the court.
Can I choose who inherits my assets?
Yes. A properly drafted Will allows you to decide who receives your assets, in what proportions, and under what conditions. Without a Will, those decisions are made by state law rather than by you.
Can I disinherit someone in New Jersey?
Yes. New Jersey generally allows you to disinherit individuals, including adult children, provided the Will is clearly drafted and properly executed. Ambiguous language or improper drafting can lead to litigation, which is why attorney guidance is important.
Who should I name as my executor?
You should name someone responsible, organized, and capable of handling paperwork, deadlines, and financial matters. It is also wise to name a successor executor in case your first choice cannot serve.
Can I name guardians for my minor children in my Will?
Yes. A Will is the primary document used to nominate guardians for minor children. While a court ultimately approves the appointment, judges strongly consider the parents’ wishes when clearly stated in a valid Will.
What assets are controlled by a Will?
A Will generally controls probate assets held in your individual name, such as real estate, bank accounts, business interests, vehicles, personal property, and digital assets. Assets with designated beneficiaries or survivorship rights typically pass outside the Will.
What assets are not controlled by a Will?
Life insurance policies, retirement accounts, POD/TOD accounts, jointly-owned property with rights of survivorship, and assets held in a trust are usually distributed outside of probate and are not governed by your Will.
How often should I update my Will?
You should review your Will after major life events such as marriage, divorce, having children, buying property, starting a business, moving to New Jersey, or the death of an executor or beneficiary. Even without changes, reviewing your Will every five to ten years is recommended.
Where should I store my Will?
Your original Will should be kept in a secure but accessible location, and your executor should know where it is stored. Avoid safe-deposit boxes that require a court order for access. Digital copies are useful for reference only.
How much does a Will cost in New Jersey?
The cost depends on the complexity of your estate. Many estate planning attorneys, including those offering flat-fee packages, provide predictable pricing after discussing your assets, family structure, and goals.
Why Work With a New Jersey Estate Planning Attorney?
- Customized documents—not generic templates
- Proper signing ceremony guidance
- Integrated estate planning beyond just a Will
- Predictable, transparent legal process
- Reduces stress for loved ones later
- Overall less expensive than using generic templates or not having a Will at all.
Schedule a Consultation
- Simple, flat-fee Will packages available.
- Virtual and in-person meetings.
- Fast turnaround, attorney-guided execution.
- Protect your family and assets today.
- No fee for consultation!
John M. Shari is a seasoned business and real estate attorney with over 20 years of experience. As the founder of Law Offices of John M. Shari, LLC, he represents clients in complex real estate transactions, commercial leasing, business acquisitions, private placements, secured financing, and entity formations. His background includes serving as Lead Acquisitions Counsel at Diamond Communications and practicing at respected law firms, where he honed his skills in structuring and negotiating high-value deals. John is committed to providing legal guidance tailored to each client’s needs.
