How to Create, Notarize, and Modify a Will in New Jersey

Having a legal last Will ensures your surviving friends and family follow your wishes when it comes time to distribute your assets and handle your final affairs. A Will is legal in New Jersey if it is handwritten or typed by a competent adult and witnessed by two other people, and it is self-proving if it also has been notarized.

New Jersey's intestacy law distributes your property to your closest relatives, beginning with your spouse and children if you die without a Will. The state will seize your assets if you have no surviving relatives.

How To Make A Will In New Jersey

Here are the basic steps to make a Will:

Make a list of all your assets and beneficiaries

Your investments, such as mutual funds, bonds, life insurance policies, and annuities, should be on the list. Also include specific items such as real estate, high-value assets, and sentimental items you wish to leave to a particular individual. You may also choose a legal guardian for your kids until they age.

Name an executor for your Will

After death; your assets are distributed through a legal process known as probate in a local probate court in your respective county. The probate process is overseen by a Will executor named in the Will. If you do not have a Will or have not named an executor, the court will appoint one for you.

Take care of your debts and taxes

In your Will; you can specify how your executor should pay unsecured debts and expenses from your estate's assets. Secured debts are transferred along with an asset, and you should leave enough for whoever receives it to pay the debt off. The heirs may sell the asset,pay the debt, and keep the difference.

Keep your Will up to date

You must update your Will every time something big happens in your life. Even if you think nothing has changed, you should review your Will every couple of years. It ensures your family's future is secure and that your last wishes are carried out correctly.

Do You Need a Lawyer to Make a Will in New Jersey?

You can write your own Will if you are of sound mind and sufficient age. But a Will written by an attorney is more likely to include all provisions of estate law, ensuring that your wishes are legally recorded.

If you make a mistake when writing your own Will, it could cost you a lot more in taxes or cause your assets to go to people you don't want them to. As a result, hiring an attorney to draft your Will is a much better option.

Does A Will Need To Be Notarized In New Jersey

While notarizing a Will is not required in New Jersey to make it legal, there are several advantages to doing so. When a notary signs and stamps your Will in New Jersey, it becomes "self-proving."

Self-proving means the recipient will not have to take additional steps to prove the Will is genuine. Otherwise, they must locate the witnesses to establish their credibility. That's why a notarized Will can help speed up the probate process.

How To Change Your Will In New Jersey

In New Jersey, the most common way to get rid of a Will is to make a new one. The new Will can say right out that the old one is no longer valid. Most New Jersey Wills that a probate attorney drafts include a clause that declares all prior Wills null and void.

Even if the new Will doesn't say it overrides the old one, if the testator meant for the new Will to replace the old one rather than add to it, the execution of the new Will completely overrides the old one due to inconsistency.

Instead of writing a new Will from scratch, you can use a codicil to make small changes. For example, if you get remarried or change your mind about a particular beneficiary. Using the codicil, you can change your Will to include children who weren't born yet when the Will was written. You can change the executor and name to a new one if you want to.

Under New Jersey law, a Will can also be revoked by performing a revocatory act on it. The testator must perform the revocatory act with the intent and purpose of revoking the Will.

Similarly, another individual can do it in the testator's conscious presence and under their direction.

Burning, tearing, canceling, obliterating, or destroying the Will or any part of it is considered a "revocatory act on the Will."

The Bottom Line

When someone dies without a Will, it can lead to disagreements between beneficiaries. The best way to ensure this doesn't happen is to have a valid, legal Will that spells out your intentions and wishes and names a trustworthy executor to run your estate.

In New Jersey, you do not need to have your Will notarized for it to be legal. However, notarizing the Will is required if you want to make it self-proving and mitigate the probate process after your death.

A Will is not set in stone and can be changed as your circumstances change. Keep reviewing your Will and updating it as needed to ensure that it is as helpful to your beneficiaries as possible.