How to Make a Will in New Jersey

Making a will is an important step for every adult. It enables you to plan for your estate and secure your loved one’s financial future in the event of your death. Having a will ensures that your wishes are adhered to and leaves your estate with peace of mind in knowing that everything has been catered for and as much as the process of making the will seem daunting, you can contact LegalPen on how to make a last will and testament in New Jersey.

What are the Steps to Create a Will in New Jersey?

There are several steps involved in creating a will in New Jersey that you need to follow and adhere to for the will to be considered valid and for your wishes to be followed after your death, which are; –

1. Inventory.

To ensure that all property is included in the will, you should have a list of all your assets that you own and that are to be included in your will. When you have an inventory of all your assets, it ensures that nothing is forgotten and that part of your assets will be under intestacy laws.

2. Beneficiaries.

You will decide who will inherit your property and list their names to avoid forgetting them. Your beneficiaries are those that will inherit your property in the event of your death and those that will be greatly financially affected by your passing, and it is important to cater for them.

3. Executor.

You should choose an executor you trust to handle your estate according to your wishes. The executor should be atleast 18 years old and with your best interest at heart. They should be capable and willing to be your executor, to distribute your assets according to your wishes and follow them.

4. Guardian.

Minor children should be considered by appointing a guardian who will have custody and raise the children in the event of your death. A guardian for the Minor children is essential as they are to protect the rights and interest of the minor. The Guardian will be responsible for the welfare of the children.

5. Signature.

You should sign your will in front of two witnesses. Signing the will legitimizes the will and its contents, it further speaks to the genunity of the will and its content. The signing should be done in accordance with the applicable New Jersey laws.

6. Witnesses.

Your witnesses must sign your will within a reasonable time after you signed it or acknowledged it. Your witnesses should be of atleast 18 years and in accordance with the New Jersey laws for the will to be valid.

7. Storage.

You should store your will in a safe location or place easily accessible when needed. The storage location is critical as any damage to the will shall revoke the will and for the will to be valid, it should be stored in a secure and easily accessible location like at the probate court, at the lawyer’s or inside a water and fire proof location. 

What Happens if I Don’t Have a Will?

Suppose you don’t have a will in New Jersey, and you die. In that case, your property will be distributed according to intestacy laws, where your property will be distributed to your closest relatives starting with your spouse and children. In situations where there are no living relatives, your estate shall go to the state of New Jersey. You can simply create an online will in New Jersey to ensure that you have a directive of what happens to your assets.

What Are the Requirements for Writing a Last Will and Testament in New Jersey?

The requirements for writing a Last Will and Testament in New Jersey may differ depending on the situation and complexity of the estates. However, the common requirements that run across all the wills are; 

1. Age

The testator or the individual making the will must be 18 years of age or older to make the will valid and legally binding in New Jersey.

2. Capacity

The testator must be of sound mind when making the will and should not be coerced or forced. The capacity requirement is important as it shows that the testator understood what they were making and made the decisions rationally of their own free will without any manipulation from any third party.

3. Writing

The Will should be made on actual hard copy paper. New Jersey laws provide only for the will to be actually written on paper for the will to be legally binding and valid.

How Often Should You Review and Update Your New Jersey Will?

You should review and update your New Jersey every three years or after a significant life change or financial situation. You are free to review your will as often as possible or when you feel the need to. Significant life changes are situations such as the birth of a new family member, marriage or divorce. Your will should be upto date to make sure that the no beneficiary of asset is left out.

How do you revise and update your will in New Jersey?

In New Jersey, you can revise and update your will by; –

1. Executing a new will
2. Making a codicil to the existing will stating the amendment to the existing will.

The revision or update to your New Jersey can be made at any time. However, all the New Jersey will requirements should be followed for the revised or the updated will to be valid and legally binding.

What Makes a Will Valid in New Jersey?

A will is valid in New Jersey if it follows all the laid out laws under N.J.S.A. 3B:3-2, which provides the needed requirements which are:

1. The Testator should be someone who is 18 years old or older, 
2. The will should be duly signed, and 
3. The will ought to be witnessed by two other people who attest that, indeed, the testator signed the will.

Can a Handwritten Will be Valid in New Jersey?

Yes, a handwritten will is valid in New Jersey as long as the will is in the Testator’s handwriting and signed by them. New Jersey wills can be made with the assistance of the professionals at LegalPen.

How Do I Sign My New Jersey Will?

You sign your New Jersey Will or acknowledge your will in front of two witnesses who must sign your will within a reasonable time after that.

What Can I Include in an Online Will in New Jersey?

You can include your executors, beneficiaries, assets, pet care, trusts, and guardianship arrangements in your online will. However, for the online will to be valid, it must be printed, signed, and witnessed.

Types of assets covered in a New Jersey Will.

The Types of assets that are covered in a New Jersey Will are;

1. Real Estate property, 
2. Personal property, 
3. Digital assets, and 
4. Pets.

Can I Revoke or Change My Will in New Jersey?

Yes, you can revoke or change your will in New Jersey by destroying your old will, making a new one that revokes the old one, and attaching a codicil to the old one, clearly stating the amendments or changes to the old one.

How do you Revoke or change your will in New Jersey?

You can revoke or change your will in New Jersey by either burning, tearing your will, directing someone else to burn or tear the will in your presence, or by making a new will invalidating any other previous wills.

Can I make a Digital or Electronic will in New Jersey?

No, you cannot make a digital or electronic will in New Jersey because the law requires the will to be in hard copy and in writing for it to be valid.

Who Can Witness a Will in New Jersey?

An individual who is 18- or older and competent individual can witness a will in New Jersey. There is no specific rule that the witness has to be uninterested in the estate in New Jersey.

Should My Will Name an Executor?

Yes, your will should name an executor. This is the person to whom you entrust your estate for management and distribution to your beneficiaries in accordance with your wishes.

What are the New Jersey will executor requirements?

There are no specific New Jersey requirements for an executor save for being an adult. You should choose someone willing, capable, and trustworthy to be able to handle your estate according to your wishes.

What Happens to a Will After Death in New Jersey?

After death in New Jersey, the executor shall file the will in the Surrogate Court in the county of the testator’s residence at the time of death. The Surrogate Court shall admit the will into probate and give guidelines and directions on how to proceed.

What is the impact of Marriage and Divorce on Your New Jersey Will.

After divorcing in New Jersey, your ex-spouse is automatically removed from benefiting from your will. In marriage, if your spouse is not included in the will, the court will divide the assets and property into an equitable share of a third (⅓) of the estate.

Do all wills in New Jersey have to go through probate?

No, not all wills in New Jersey have to go through probate. Estates with assets or properties jointly held with rights of survivorship, those held in trust, or those with designated beneficiaries do not have to pass through probate.

Is New Jersey a community property state?

No, New Jersey is not a community property estate, though it has an equitable distribution system which is different from equal distribution, as it does not apportion 50% split but rather identifies the marital property, values the same and then determines  the most fair and reasonable allocation of assets depending on circumstances of every marriage. 

How is New Jersey intestate succession done?

New Jersey intestate succession dictates what happens to your estate and property when you die without a will. The property will be distributed to your closest living relatives in a hierarchical older, spouse, children, and extended family members.

How is Estate and inheritance tax in New Jersey done?

There is no Estate and inheritance tax in New Jersey. However, if your estate is large enough, you must pay federal tax. You can reach out to a lawyer for advice depending on the circumstances and to enable you follow the law, through our professionals at LegalPen.

What Are the Differences Between a Simple Will and Digital Will in New Jersey? 

There are different types of wills in New Jersey that are to be used by different individuals depending on their specific needs and the complexity of the estate. 

The differences between a Simple Will and a Digital Will in New Jersey are;