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.

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.”

To make your own choices about the distribution of your assets, you should create a valid will. With our process, a will only costs $59 and takes under an hour to create.

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.