Making a Will in New Jersey: Rules You Need to Know
New Jersey has adopted parts of the Uniform Probate Code and offers one of the simpler probate systems in the country through the county Surrogate. New Jersey recognizes both witnessed and handwritten wills. This is general information, not legal advice — consult an attorney in your state.
Who can make a will in New Jersey?
In New Jersey you must be at least 18 and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit.
Capacity and freedom from undue influence at signing are what keep the will from being contested.
What are the witness and notary rules?
A typed New Jersey will must be signed by you and witnessed by two people who sign within a reasonable time after seeing you sign or hearing you acknowledge it. New Jersey also recognizes holographic wills if the signature and material portions are in your own handwriting.
Notarization is not required, but New Jersey strongly encourages a self-proving affidavit before a notary, because a self-proved will can be admitted by the Surrogate without the witnesses appearing.
- Two witnesses for a typed will.
- Holographic wills allowed if signature and material portions are handwritten.
- A self-proving affidavit before a notary is recommended.
What does New Jersey call the executor?
New Jersey uses the term executor for the person named in a will and administrator for one appointed when there is no will. Both are Personal Representatives. The county Surrogate handles uncontested probate.
After a short waiting period the Surrogate issues letters testamentary confirming the executor's authority, often without a formal hearing.
What happens if you die without a will in New Jersey?
If you die intestate, New Jersey's statute gives shares to your spouse and descendants. A spouse generally takes the entire estate when all children are also the spouse's; the share changes when there are children from another relationship or surviving parents.
Intestacy means the court appoints the administrator and you lose any say over your executor or a guardian for your minor children.
Is probate required in New Jersey?
Probate in New Jersey is unusually simple. The Surrogate admits the will after a short waiting period, and many estates settle without court appearances. Small estates may use a simplified affidavit when there is no will.
Assets with beneficiary designations or joint ownership pass outside probate. Note that New Jersey has an inheritance tax on transfers to more distant heirs, which the executor must address.
Can you make a New Jersey will online?
Yes. A properly signed and witnessed online will is valid in New Jersey when you follow the two-witness process. iFinallyWill produces a New Jersey-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.
iFinallyWill supports all 50 states and every Canadian province. Because of the inheritance tax, larger estates may benefit from local tax and legal advice.
Frequently asked questions
- How many witnesses does a New Jersey will need?
- A typed will needs two witnesses. New Jersey also recognizes holographic wills if the signature and material portions are in your own handwriting.
- Does New Jersey have an inheritance tax?
- Yes. New Jersey imposes an inheritance tax on transfers to more distant heirs, with close family generally exempt. The executor must account for it.
- Who handles probate in New Jersey?
- The county Surrogate admits the will after a short waiting period and issues letters, usually without a formal hearing for uncontested estates.
- What is a Personal Representative in New Jersey?
- It is the executor named in the will, or an administrator appointed when there is no will. They gather assets, pay debts and taxes, and distribute the estate.