Wills
New Jersey Last Will and Testament
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New Jersey Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

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.

Table of contents

1. Requirements for a New Jersey Last Will and Testament  

2. Who can be your witnesses?

3. New Jersey rules for a personal representative

4. New Jersey Last Will and Amendment Notarization

5. Last Will Revocation rules

6. What if you have more than one New Jersey will?

7. Last Will Amendment rules

8. New Jersey rules for divorce after making your last will

9. What happens if you don't have a will in New Jersey?

10.Last Will and Testament New Jersey Free Template

11. How can TrulyWill help with your online will?

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:

  1. There are no specific requirements for a New Jersey executor.
  2. Capable of performing the job, i.e., of a sound mind.
  3. New Jersey doesn't restrict people convicted of a felony from being executors.
  4. 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?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)


The spouse has no other children 

Spouse inherits everything 

Has a spouse and children 

(Children you share with that spouse)


The spouse has children from another relationship 

Spouse gets the first 25% (not less than $50,000 and not more than $200,000) of your estate and one-half of the balance 


Children inherit the balance 

Has a spouse and children 

(Children you share with 

Spouse gets the first 25% (not less than $50,000 and not more than $200,000) of your estate and one-half of the balance 


Children inherit the balance

Has a spouse 

Spouse gets the first 25% (not less than $50,000 and not more than $200,000) of your estate and three-fourths of the balance 


Parents inherit the balance

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:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. 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. Here are some instances where it would be prudent to consult one of our attorneys before finalizing your will:

  • You have a high net worth and considerable assets. 
  • You have complicated family and personal relationships, affecting who would inherit the estate. 
  • You have multiple financial obligations and other matters that are still open and would be the beneficiary's responsibility.
  • You are not sure that the simple last will and testament template fulfills all your requirements for a will.

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. 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Do I need a lawyer to make my last will and testament?
There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.
Does my will dispose of all my assets?
A will would only dispose of the assets mentioned in it. You could decide which assets go to whom. However, it's always better to mention all your assets.
Can I leave my spouse or family out of my will?
You can leave all your assets to anyone you want. It can be a stranger or an organization. However, you should consult an expert before finalizing the will to avoid any issues.
Can I leave or donate my estate to an organization or charity?
You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
Can I decide who would look after my minor children in my will?
Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
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