How to Make a Will in New Jersey

If you're a resident of New Jersey and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what New Jersey laws require for making a valid will, and what the process looks like.

Steps to Create a Will in New Jersey

Here's a quick checklist for making a will in New Jersey:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In New Jersey, if you die without a will, your property will be distributed according to state "intestacy" laws. New Jersey's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in New Jersey?

Yes. You can make your own will in New Jersey, using Nolo's Quicken WillMaker & Trust program. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in New Jersey

To make a will in New Jersey, you must be:

• an individual 18 years of age or older, and
• of sound mind.

(N.J. Stat. § 3B:3-1 (2025).)

You must make your will on actual paper. It can't be on audio, video, or a digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter. New Jersey does permit handwritten wills, but they're usually not a good idea. (N.J. Stat. § 3B:3-2 (2025).)

How to Sign and Execute My New Jersey Will

To finalize your will in New Jersey:

• you must sign or acknowledge your will in front of two witnesses, and
• your witnesses must sign your will within a "reasonable time" after you signed or acknowledged it.

(N.J. Stat. § 3B:3-2 (2025).)

Although New Jersey allows interested witnesses (witnesses who stand to inherit something from the will) to act as witnesses, it's usually a good idea to have only disinterested witnesses sign the will to avoid any claim that the interested witness influenced the will maker. (N.J. Stat. § 3B:3-8 (2025).)

Holographic (handwritten) wills don't need to be witnessed if the signature and all material portions are in your handwriting. (N.J. Stat. § 3B:3-2 (2025).)

Do I Need to Have My Will Notarized?

No, in New Jersey, you don't need to notarize your will to make it legal. However, New Jersey allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. In New Jersey, you can do this at the time of signing your will or after it. (N.J. Stat. Ann. §§ 3B:3-4, 3B:3-5 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. New Jersey currently doesn't allow e-wills, but that could change in the future.

Can I Choose and Appoint an Executor in My Will?

Yes. In New Jersey, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in New Jersey?

In New Jersey, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of your will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old will or has contradictory terms to the old will.

(N.J. Stat. § 3B:3-13 (2025).)

If you have two wills and it's not clear whether the new will should revoke the old will, New Jersey has rules to make this determination. If you intended your will to replace the old will, it will replace it. New Jersey law presumes you meant to revoke the old will if the new one disposes of all of your estate. If the new will doesn't dispose of all of your estate, the new will only supplements or adds to the old will. Your executor should follow the instructions in both wills. If there are contradictory terms, your executor should follow the instructions in the new will regarding those specific terms. (N.J. Stat. § 3B:3-13 (2025).)

If you and your spouse divorce (or if a court determines that your marriage is not legal), New Jersey law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule also applies to relatives of your former spouse. This rule doesn't apply if you specifically state in your will (or divorce decree or contract relating to the division of your property) that divorce won't affect the provisions in your will or you happen to remarry your spouse. (N.J. Stat. § 3B:3-14 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find New Jersey's laws about making wills here: New Jersey Statutes, Title 3B Administration of Estates—Decedents and Others.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on New Jersey wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in New Jersey, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in New Jersey?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in New Jersey, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process. New Jersey does have a will registry that allows you to give the state information about your will, including the date it was made and its location. (N.J. Stat. § 3B:3-2.1 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes.

New Jersey doesn't have an estate tax, but it does have an inheritance tax. An inheritance is paid by a person who inherits from an estate, while an estate tax is paid directly by the estate. If you're concerned about your loved ones paying an inheritance tax, you should speak with a New Jersey estate planning lawyer to see if there are ways to avoid or minimize the tax.

For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.