FAQs for Last Will and Testament

A Last Will and Testament is a legal document that communicates a person’s final wishes pertaining to possessions and dependents. In New Jersey, as in other states, a will is used to dictate how an individual’s estate—their property and assets—should be distributed after their death. This can include provisions for the distribution of money, real estate, personal belongings, and other assets.

Having a Last Will and Testament is important for several reasons, regardless of where you live, including New Jersey. A few key reasons why having one is important include control over asset distribution, choice of executor, guardianship of minor children, care for pets, instructions for businesses, avoid family disputes, and charitable contributions.

To create a Last Will and Testament in New Jersey, an individual must be at least 18 years old as well as have “sound mind.” This generally means that the individual understands that they are making a will, understands the nature and extent of their property, and knows who would ordinarily inherit their property (such as close family).

If you die without a Last Will and Testament, you are said to have died “intestate.” When this happens, your assets will be distributed according to New Jersey’s intestacy laws, which might not align with your wishes. If you are survived by a spouse or domestic partner but no descendants or parents, your spouse or domestic partner inherits everything.

If you are survived by descendants who are also the descendants of your surviving spouse or domestic partner, your spouse or domestic partner inherits everything. If you are survived by a spouse or domestic partner and parents, your spouse or domestic partner inherits the first 25% of your intestate property, plus 75% of the balance. Your parents inherit the remaining intestate property.

If you are survived by a spouse or domestic partner and descendants, one or more of whom are not the descendants of your surviving spouse or domestic partner, your spouse or domestic partner inherits the first 25% of your intestate property, plus 50% of the balance. Your descendants inherit the remaining intestate property.

If you are survived by descendants but no spouse or domestic partner, your descendants inherit everything. If you are survived by parents but no spouse, domestic partner, or descendants, your parents inherit everything. If you are survived by siblings but no spouse, domestic partner, descendants, or parents, your siblings inherit everything.

In New Jersey, as in all U.S. states, you do not legally need an attorney to create a Last Will and Testament. A will can be valid if it meets the legal requirements set out by the state. In New Jersey, the person making the will (the testator) must be at least 18 years old and of sound mind. The will must be written and signed by the testator or someone else at the testator’s direction and in their presence. Additionally, it must be witnessed by at least two individuals who will not inherit anything under the will. While it’s technically not required to have an attorney to create a Last Will and Testament in New Jersey, it’s highly recommended.

Yes, you can change your last will and testament after it has been created. The common methods to do so include writing a codicil, which is a document used to make minor changes to a will. It must be signed and witnessed in the same way as the original will. This is a good option if the change you want to make is relatively minor, such as changing a beneficiary or an executor.

If you want to make larger changes or many changes, it might be easier to write a new will. The new will should include a statement that it revokes all previous wills. It must be signed and witnessed according to the legal standards of your jurisdiction.

In some situations, you might decide that you no longer want a will at all. In this case, you can revoke the will. The easiest way to do this is usually to destroy the will with the intent to revoke it. However, be aware that if you revoke a will without having a new one in place, your assets may be distributed according to the laws of intestacy of your state or country, which may not align with your wishes.

Creating a last will and testament in New Jersey involves several steps. While you don’t legally need a lawyer to do this, it is often a good idea to consult with an attorney, especially if your estate is complex. The basic steps to create a will in New Jersey include to first identify your assets and any debts you may owe. Then, decide who your beneficiaries will be, choose an executor, draft your will (include a provision appointing your chosen executor), and then sign your will. In New Jersey, you must sign your will in front of two witnesses. These witnesses should be “disinterested”—meaning they’re not beneficiaries in your will. The two witnesses must sign the will in your presence and in the presence of each other. Once the will is properly signed and witnessed, keep it in a safe and secure place. Make sure your executor knows where it is and how to access it after your death.

In New Jersey, a will does not need to be notarized to be legally valid. The state requires that a will be in writing, signed by the testator (the person making the will) or by another individual in the testator’s conscious presence and at their direction, and signed by at least two competent witnesses who saw the testator sign the will, or who the testator told about the signature and will. However, New Jersey does allow for a will to be “self-proving.” A self-proving will includes a specific affidavit that is signed by the testator and the witnesses in front of a notary public. This affidavit states that all parties properly signed the will according to New Jersey law.

If your Last Will and Testament is challenged in New Jersey, it will result in a legal dispute known as a will contest. During a will contest, the probate court will review the evidence and arguments brought by the party contesting the will, as well as those from the party defending the validity of the will.