State requirements
Making a will in New Jersey
New Jersey lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
New Jersey has traditional will requirements. New Jersey does NOT recognize holographic wills. New Jersey is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | N.J.S.A. 3B:3-1 | 18+ and of sound mind |
| Execution Requirements | N.J.S.A. 3B:3-2 | Written, signed, 2 witnesses |
| Self-Proving | N.J.S.A. 3B:3-4 | Available with affidavit |
| Elective Share | N.J.S.A. 3B:8-1 | 1/3 of augmented estate |
Execution Requirements
New Jersey Will Formalities
NEW JERSEY WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator at the end
✓ Signed by 2 or more attesting witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
⚠️ Signature must be at END of document
⚠️ Provisions after signature may be void
INTERESTED WITNESSES:
- Beneficiaries CAN witness
- But gift may be void unless 2 disinterested witnesses
Elective Share
New Jersey Elective Share
NEW JERSEY ELECTIVE SHARE:
- 1/3 of augmented estate
- Must elect within 6 months of probate
AUGMENTED ESTATE INCLUDES:
✓ Probate assets
✓ Certain transfers during marriage
✓ Revocable trusts
✓ Joint property (decedent's contribution)
Self-Proving Affidavit
New Jersey allows self-proving wills under N.J.S.A. 3B:3-4.
Spousal Rights
NEW JERSEY SPOUSAL PROTECTIONS:
- Elective share of 1/3 of augmented estate
- Exempt property allowance
- Allowances during administration
New Jersey Estate Tax
NEW JERSEY ESTATE TAX:
- New Jersey has a state estate tax
- Exemption amount applies
- Rates vary by relationship to decedent
- Also has inheritance tax (varies by beneficiary relationship)
Checklist for New Jersey Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written (no holographic)
- •[ ] Testator signed at END
- •[ ] 2 witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] Elective share rights considered
- •[ ] Estate/inheritance tax implications considered
New Jersey will questions, answered
Can I make a will online in New Jersey?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check New Jersey requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in New Jersey?
New Jersey requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does New Jersey require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular New Jersey document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in New Jersey?
No. New Jersey does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in New Jersey?
New Jersey sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current New Jersey source above and get local help for your circumstances. Note: Signature must be at END of document.
Keep reading
All guides →Your New Jersey wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about New Jersey law, not legal advice. Statutes change — verify current requirements or consult a licensed New Jersey attorney for complex situations.