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New Jersey Last Will and Testament

A New Jersey will needs 2 witnesses and recognizes handwritten (holographic) wills. Make a free will template. Attorney review available for extra assurance.

Introduction

A last will and testament is a legal document that states who receives your property and names the person, called the executor, who will administer your estate after you die. It can also name a guardian for any minor children. In New Jersey a will must be in writing, signed by the testator (the person making the will), and signed by two witnesses under N.J.S.A. Section 3B:3-2. Each witness must sign within a reasonable time after witnessing the testator's signing or acknowledgment of the will, so New Jersey does not require the witnesses to sign in the testator's presence. A witness who is also a beneficiary (someone who receives a bequest, or gift, under the will) does not make the will invalid; N.J.S.A. Section 3B:3-8 specifically protects a will signed by an interested witness. New Jersey also lets you make the will self-proved at signing with a sworn, notarized affidavit under N.J.S.A. Section 3B:3-4, and it recognizes an unwitnessed handwritten will, called a holographic will, as a writing intended as a will under N.J.S.A. Section 3B:3-2(b) if the signature and material portions are in the testator's own handwriting. You must be at least 18 and of sound mind to make a New Jersey will (N.J.S.A. Section 3B:3-1). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor, the person who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    New Jersey requires two witnesses. Under N.J.S.A. Section 3B:3-2 a valid will must be signed by the testator and by two individuals who each sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the will. A witness who is also a beneficiary (someone receiving a bequest, or gift) does not invalidate the will or that witness's gift, per N.J.S.A. Section 3B:3-8's interested-witness rule.

  3. 3

    A self-proving affidavit is optional but useful. New Jersey lets you make the will self-proved at signing under N.J.S.A. Section 3B:3-4: the testator and both witnesses swear to a notarized affidavit so the Surrogate can admit the will later without locating the witnesses to testify. The affidavit needs a notary; the will itself does not.

  4. 4

    New Jersey recognizes holographic (handwritten, unwitnessed) wills. Under N.J.S.A. Section 3B:3-2(b), a document is valid as a writing intended as a will, whether or not witnessed, if the signature and the material portions are in the testator's own handwriting.

  5. 5

    The will itself needs witnesses, not a notary. Two witnesses satisfy N.J.S.A. Section 3B:3-2. A notary is used only for the optional self-proving affidavit, not for the underlying will.

  6. 6

    You must be 18 and of sound mind. N.J.S.A. Section 3B:3-1 requires the testator to be at least 18 years of age and of sound mind to make a valid will and to appoint a testamentary guardian.

  7. 7

    You can revoke a New Jersey will by a later will or a physical act. N.J.S.A. Section 3B:3-13 allows revocation by a subsequent will that revokes the prior one, or by an act such as burning, tearing, canceling, or destroying the will with intent to revoke. Divorce or annulment also revokes provisions favoring a former spouse under N.J.S.A. Section 3B:3-14.

Key decisions before you file

Before you file a Last Will and Testament in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NEW JERSEY LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, New Jersey, being at least 18 years of age and of sound mind (N.J.S.A. Section 3B:3-1), declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY, STATE] as executor of this will, to serve without bond if permitted by law. If that person cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property to named beneficiaries.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME], or if that person does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I sign this will on [DATE] at [CITY], New Jersey. This will must be signed by at least two witnesses, each of whom signs within a reasonable time after witnessing my signing of this will or my acknowledgment of my signature or of the will, per N.J.S.A. Section 3B:3-2. New Jersey does not require the witnesses to sign in my presence, only within a reasonable time after witnessing.

[TESTATOR NAME], Testator

WITNESS 1: I witnessed the testator sign this will, or the testator's acknowledgment of this signature or of the will. _____________________________ Print name: __________________ Address: __________________

WITNESS 2: I witnessed the testator sign this will, or the testator's acknowledgment of this signature or of the will. _____________________________ Print name: __________________ Address: __________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under N.J.S.A. Section 3B:3-4, this will may be made self-proved at signing by a sworn affidavit of the testator and witnesses before an officer authorized to take acknowledgments, such as a notary public. Adding this affidavit lets the Surrogate admit the will later without locating the witnesses to testify; it does not replace the two-witness signing above.

State of New Jersey, County of [COUNTY]. We, the testator and the witnesses, being duly sworn, declare that the testator signed this instrument as their last will, that the testator signed it willingly, and that the testator was 18 years of age or older, of sound mind, and under no constraint or undue influence, and that each witness signed at the testator's request, in the testator's conscious presence.

_____________________________ [TESTATOR NAME], Testator _____________________________ Witness 1 _____________________________ Witness 2

Subscribed and sworn before me this [DATE].

Notary Public

Note: This will is governed by N.J.S.A. 3B:3-1 et seq. A beneficiary generally should not serve as a witness even though N.J.S.A. Section 3B:3-8 says an interested witness does not invalidate the will, because using disinterested witnesses avoids any question during probate. After death, the executor typically offers this will for probate to the Surrogate's Court in the county where the testator resided, and the self-proving affidavit above, if completed, lets that court admit the will without contacting the witnesses. Keep the signed original in a safe place and tell the executor where to find it. This is a New Jersey skeleton for a last will and testament, not the complete document. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in New Jersey in about a minute, and notarize it online through DocDraft if it does.

New Jersey Requirements for Last Will and Testament

Two Witnesses Required

A New Jersey will must be signed by the testator and by at least two witnesses, per N.J.S.A. Section 3B:3-2. Without two qualifying witness signatures, the will does not meet the statutory execution requirement.

Witnesses May Sign Within a Reasonable Time

Each witness must sign within a reasonable time after witnessing the testator's signing of the will or the testator's acknowledgment of that signature or of the will, per N.J.S.A. Section 3B:3-2 a.(3). New Jersey does not require the witnesses to sign in the testator's presence.

Interested Witnesses Do Not Invalidate the Will

A will signed by a witness who is also a beneficiary is not invalid in New Jersey. N.J.S.A. Section 3B:3-8 provides that a will or any provision of it is not invalid because it is signed by an interested witness, though using disinterested witnesses avoids any question during probate.

Self-Proving Affidavit Requires a Notary

New Jersey lets you make the will self-proved at signing under N.J.S.A. Section 3B:3-4, with the testator and witnesses swearing to a notarized affidavit. This is optional: it simplifies probate by letting the Surrogate admit the will without locating the witnesses, but it does not replace the two-witness signing.

Holographic Wills Are Recognized

New Jersey recognizes an unwitnessed handwritten will as a writing intended as a will under N.J.S.A. Section 3B:3-2(b), valid if the signature and material portions of the document are in the testator's own handwriting.

Minimum Age and Sound Mind Requirement

A testator must be at least 18 years of age and of sound mind to make a valid will in New Jersey, per N.J.S.A. Section 3B:3-1, which also allows a testator of that age to appoint a testamentary guardian for minor children.

Revocation by Later Will or Physical Act

A New Jersey will is revoked by executing a subsequent will that revokes it expressly or by inconsistency, or by a revocatory act, such as burning, tearing, canceling, or destroying the will, performed with intent to revoke, per N.J.S.A. Section 3B:3-13.

Divorce Revokes Gifts to a Former Spouse

Divorce or annulment automatically revokes any provisions of a New Jersey will favoring the former spouse, under N.J.S.A. Section 3B:3-14, unless the testator later remarries that same person.

Does your Last Will and Testament need to be notarized in New Jersey?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

New Jersey requires two witnesses under N.J.S.A. Section 3B:3-2. Each witness must sign within a reasonable time after witnessing the testator's signing or acknowledgment of the will. A witness who is also a beneficiary does not invalidate the will or that witness's gift, since N.J.S.A. Section 3B:3-8 protects wills signed by an interested witness, though using disinterested witnesses avoids any question later.

No. A New Jersey will needs two witnesses under N.J.S.A. Section 3B:3-2, not a notary. A notary is used only if you choose to add the optional self-proving affidavit under N.J.S.A. Section 3B:3-4, which lets the Surrogate admit the will later without tracking down the witnesses.

Yes. New Jersey recognizes a holographic will as a writing intended as a will under N.J.S.A. Section 3B:3-2(b). It is valid whether or not it is witnessed, as long as the signature and the material portions of the document are in the testator's own handwriting.

Put your wishes in writing, sign the document as testator, and have two witnesses sign it within a reasonable time after watching you sign or acknowledge it, under N.J.S.A. Section 3B:3-2. You must be at least 18 and of sound mind (N.J.S.A. Section 3B:3-1). Adding a notarized self-proving affidavit under N.J.S.A. Section 3B:3-4 makes probate easier later.

A valid New Jersey will is in writing, signed by a testator who is at least 18 and of sound mind (N.J.S.A. Section 3B:3-1), and signed by two witnesses within a reasonable time after they witness the signing or acknowledgment (N.J.S.A. Section 3B:3-2). New Jersey also accepts an unwitnessed holographic will if the signature and material portions are handwritten.

A self-proving affidavit is a sworn statement the testator and witnesses sign before a notary at the time of execution, under N.J.S.A. Section 3B:3-4. It lets the Surrogate admit the will to probate without needing to locate and question the witnesses, though the underlying will is still valid without it.

You must be at least 18 years of age and of sound mind to make a will in New Jersey, per N.J.S.A. Section 3B:3-1, which also lets a testator of that age appoint a testamentary guardian for minor children.

You can revoke a New Jersey will by executing a later will that revokes the prior one, expressly or by inconsistency, or by a revocatory act performed with intent to revoke, such as burning, tearing, canceling, or destroying it, under N.J.S.A. Section 3B:3-13. Divorce or annulment separately revokes gifts and appointments favoring a former spouse under N.J.S.A. Section 3B:3-14, unless you remarry that person.