Create your New Jersey will with confidence
Protect your loved ones with a New Jersey will using FindLaw’s attorney-created forms and easy step-by-step process.
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Last Will and Testament
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Fast, easy, reliable New Jersey will forms
If you die without a will in New Jersey, your property will be distributed according to New Jersey’s default laws (“intestacy statutes“). These laws might not align with your preferences, especially if you have a blended family, an unmarried partner, family conflict, or other special circumstances. A will enables you to avoid these default rules. Through your will, you can choose for yourself who should receive your property and pick guardians for minor children, decide what age beneficiaries can access their inheritance, and safeguard your estate by explicitly disinheriting individuals you do not wish to inherit.
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
What’s next to make my New Jersey will valid?
If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:
Choose an executor
List your beneficiaries and your assets
You should give the full names and addresses of your beneficiaries to help your executor locate them when the time comes. You should also provide a comprehensive list of your assets. Make sure to include both real property and personal property. Real property refers to real estate like houses, land, and investment properties. Personal property covers everything else you own, like cars, furniture, and personal possessions. If you want specific items to go to specific people, you should include these details in your will.
List your non-probate properties
Some properties cannot be allocated through a will. These include life insurance, retirement plans, trusts, and annuities. These properties should pass directly to the listed beneficiary. But by providing a list of these properties, you can help your executor handle their distribution.
List your debts
Providing a list of your debts can help streamline things for your executor. When your estate goes into probate, your creditors will be able to file a claim to receive payment out of the estate. Common debts include things like credit card debts, mortgages, personal loans, and more.
Sign your will
You should sign your will in the presence of two witnesses. To create a self-proving will, you should ask your witnesses to swear to an affidavit in the presence of a notary public.
Distribute your will
You should let your loved ones know that you have written a will. Give a copy to your executor and keep another copy or two in a secure place. Some people choose to keep a copy in a safe that a family member can access.
Frequently asked questions about New Jersey wills
To assure that a New Jersey probate court honors your last will and testament, you should sign it in the presence of two witnesses. Both witnesses should be at least 18 years of age and of sound mind.
You can find the laws on signing a will and witnesses in title 3B of the New Jersey Statutes. Although a beneficiary may legally be a witness to a will, it is a better idea to ask someone who is not named in your will. This will avoid the possible appearance that you were under duress or undue influence when you signed the will.
No, you don’t need a lawyer. Our process provides you with a New Jersey will without speaking with an attorney. But if you have a complicated situation or would like additional guidance, find and talk with an attorney who can help answer your questions. People who have children with special needs, a blended family, a high net worth, or other complicating factors often seek an attorney to review their will. FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney.
You will need a will and an executor even if you already have a financial power of attorney in place. A power of attorney is only valid while you are alive. It does not provide for distribution of your assets after your death. If you do not leave a last will and testament, your estate will be divided up according to New Jersey’s default laws. This is known as “intestate succession.”
New Jersey law prevents spouses from disinheriting each other. In New Jersey, when someone dies, their spouse or domestic partner has the right to claim a third of their estate. So, even if your will does not leave anything to your spouse, they still have the right to claim one-third of what remains of your estate after the court deducts funeral and other costs.
Self-proving wills contain sworn affidavits by the witnesses testifying this is your true will. Self-proving wills are more easily accepted than regular wills by probate courts. The state of New Jersey does not require self-proving wills. But by going through this extra step, you can prevent your witnesses from having to testify in front of a probate court.
If you would like to create a self-proving will, you should ask your witnesses to swear to an affidavit in front of a notary public. You should store this document in a safe place alongside your will.
A last will and testament is a legal document that allows you to decide how your assets will be distributed after your death. A living will (sometimes known as an “advance health care directive”), on the other hand, is a legal document that you use to direct your health care wishes. You cannot use a living will to make choices about the distribution of your assets after your death.
If your circumstances have changed and you would like to make changes to your will, you can do so through a written amendment (a “codicil“). Codicils should be signed by witnesses just like the original will. If you want to do a major overhaul of your will, it is better to do so through an entirely new will. If you buy a will through our service, you can make changes to your will for a full year after purchase.
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
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