Making your legal New Jersey last will can help your family settle your affairs and know your final wishes easily. The probate process would be straightforward, rather than them going to court for long hours. You can also decide about your medical care and treatments with your will. You could select a trusted person to make these decisions for you and ensure that nothing ends up in someone else's hands. Make your online last will now and handle your estate planning.
If you're from New Jersey, here is what you should follow.
Requirements for a New Jersey Last Will and Testament
- Written will: The New Jersey last will and testament must be on paper to be legal. New Jersey doesn't allow audio, video, digital, or electronic wills. New Jersey accepts self-written or holographic wills.
- Sound mind and memory: The testator for a New Jersey last will must understand and be familiar with the will procedure, nature and extent of their estate, and all of their beneficiaries. For their last will to be legal, they must be of a sound mind.
- Must be of at least 18 age
- Signed by the testator: To make it legal, you must sign your New Jersey last will and testament before your two witnesses.
- Signed by the witnesses: You need to have at least two witnesses for the last will. They should acknowledge and sign the will within a reasonable time.
Who can be your witnesses for a New Jersey Last Will and Testament?
Your witnesses for a New Jersey last will must follow these conditions:
- A New Jersey witness should be above 18 age.
- They should be able to testify about what they saw and the will-making process.
- You can select beneficiaries as your witnesses in New Jersey.
New Jersey rules for a personal representative or an executor
Choosing an executor for your New Jersey last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:
- There are no specific requirements for a New Jersey executor.
- Capable of performing the job, i.e., of a sound mind.
- New Jersey doesn't restrict people convicted of a felony from being executors.
- New Jersey allows you to choose someone out of state as your executor.
Last will and Testament Notarization in New Jersey
There's no need to notarize your New Jersey last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:
- Find a notary public to make a self-proving affidavit for the will.
- You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.
New Jersey Last Will Revocation
You could follow any of the following methods to revoke your New Jersey last will and testament:
- Destroy your last will by tearing, burning, obliterating, and shredding.
- Making a new legal will that revokes any part or the entire previous will.
- Asking someone else to destroy the will.
What if you have more than one New Jersey will?
If it's not clear whether your new New Jersey will revoke the old one, the state will follow these rules:
- It'll replace the old will if the new one has varying or contradictory terms to your previous New Jersey will.
- The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
- If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old New Jersey will.
New Jersey Last Will Amendment Rules
If you wish to make some minor and simple changes to your New Jersey last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.
However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.
New Jersey rules for divorce after making your last will
- New Jersey law revokes any gift you leave to your spouse.
- Revokes any appointment of your spouse as the trustee or executor
- However, the provisions will stand if you state otherwise in your New Jersey will or remarry your ex.
- The same provisions apply to any relatives of your ex-spouse in the will.
What happens if you don't have a will in New Jersey?
Last Will and Testament New Jersey Free Template
You can quickly create a simple estate plan by downloading a Last Will and Testament New Jersey free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new New Jersey last will and testament. Once you go through the details and follow the required steps:
- Connect on TrulyWill and create your account.
- Discuss any issues or complications about your finances and personal relationships with our attorneys.
- Sign or notarize the document, depending on your state requirements.
This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution.
Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:
- Online expert support: You can connect with our experts online and clear your doubts.
- Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.
If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable New Jersey last will and testament.