How to Make a Valid Will in New Jersey
New Jersey has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in NJ.
New Jersey Will Requirements at a Glance
Who Can Make a Will in New Jersey?
You must be at least 18 years old to make a will in New Jersey. Emancipated minors may make a will (N.J.S.A. 3B:3-1). The testator must be of sound mind, understanding the nature and extent of their property, the natural objects of their bounty, and the disposition being made
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction (N.J.S.A. 3B:3-2).
Witness Requirements in New Jersey
New Jersey requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing either the signing or the testator's acknowledgment.
Interested witnesses: An interested witness does not invalidate the will (N.J.S.A. 3B:3-8)
Notarization in New Jersey
Notarization is not required for a will to be valid in New Jersey. Not required for validity; used for self-proving affidavit. Required for electronic wills
Self-Proving Affidavit
New Jersey allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before an officer authorized to administer oaths (N.J.S.A. 3B:3-4)
Handwritten (Holographic) Wills
New Jersey does recognize holographic wills. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting (N.J.S.A. 3B:3-3)
Electronic Wills
New Jersey recognizes electronic wills. New Jersey adopted the Uniform Electronic Wills Act. Electronic wills must be in an electronic record, electronically signed by the testator, and witnessed by two persons. Must be notarized
How to Revoke a Will in New Jersey
In New Jersey, a will can be revoked by:
- •Executing a subsequent will that revokes the previous will expressly or by inconsistency
- •Performing a revocatory act on the will by the testator or by another in the testator's conscious presence and at their direction
N.J.S.A. 3B:3-13
Special Provisions in New Jersey
New Jersey is a separate property/common law state. Surviving spouse has an elective share right of one-third of the augmented estate (N.J.S.A. 3B:8-1). New Jersey eliminated its estate tax effective January 1, 2018
Relevant New Jersey Statutes
- N.J.S.A. 3B:3-1 (Who may make a will)
- N.J.S.A. 3B:3-2 (Execution of wills)
- N.J.S.A. 3B:3-3 (Holographic wills)
- N.J.S.A. 3B:3-4 (Self-proved wills)
- N.J.S.A. 3B:3-8 (Interested witnesses)
- N.J.S.A. 3B:3-13 (Revocation)
- N.J.S.A. 3B:8-1 (Elective share)
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