New Jersey estate planning
Make a will, living trust & powers of attorney in New Jersey
New Jersey sets its own rules for who can make a will, how it must be signed and witnessed, whether it needs a notary, and how estates are taxed. Estateur drafts your New Jersey will, revocable living trust, and powers of attorney through a guided interview, then validates every document against New Jersey law before you ever see it. It is a self-help document-preparation service, not a law firm.
New Jersey estate planning at a glance
| Will witnesses required | two witnesses |
|---|---|
| Will must be notarized | No (self-proving affidavit optional) |
| Self-proving affidavit | Available (recommended) |
| Handwritten (holographic) wills | Recognized |
| Electronic wills | Not permitted |
| State estate tax | None |
| State inheritance tax | Yes |
| Community property | No (separate / common-law property) |
General information, not legal advice. Figures such as tax exemptions change; confirm current requirements with the New Jersey courts or department of revenue.
How to make a valid will in New Jersey
A New Jersey will must be in writing and signed by you in front of two witnesses. Notarization is not required for the will to be valid, but a self-proving affidavit — which is notarized — makes probate easier by removing the need for your witnesses to testify later. New Jersey recognizes handwritten (holographic) wills, but a properly witnessed will is far stronger and easier to probate.
Spousal protection. 1/3 of the augmented estate (N.J.S.A. 3B:8-1). A will can't fully disinherit a surviving spouse in most states — Estateur's interview flags this for you.
Living trusts & avoiding probate in New Jersey
A will still has to pass through New Jersey probate — a public, court-supervised process — before your assets reach your heirs. A revocable living trust holds your assets during life and transfers them at death without probate, which is usually faster and stays private. A trust is not right for everyone; it depends on whether you own real estate, the size and complexity of your estate, and your goals.
Estateur's free quiz recommends whether a will-based or trust-based plan fits your New Jersey situation, and every trust-based plan includes a pour-over will as a companion document.
Powers of attorney & healthcare directives in New Jersey
A financial power of attorney in New Jersey must be acknowledged before a notary to be effective. (N.J.S.A. 46:2B-8.9)
A New Jersey healthcare directive can be signed before either two witnesses or a notary. (N.J.S.A. 26:2H-56)
A complete plan also includes a HIPAA authorization so your healthcare agent can actually get your medical information. Estateur builds each of these to New Jersey's signing rules and includes execution instructions.
New Jersey estate & inheritance tax
New Jersey has no state estate tax, but it does levy an inheritance tax paid by certain beneficiaries depending on their relationship to the decedent. There is no New Jersey estate tax on top of the federal one.
Estate-tax exemption amounts are 2025 figures and change annually. Confirm current thresholds with the New Jersey department of revenue.
New Jersey statutes referenced
- N.J.S.A. 3B:3-2
- N.J.S.A. 46:2B-8.9
- N.J.S.A. 26:2H-56
New Jersey estate planning: common questions
- Is an online will legal in New Jersey?
- Yes. New Jersey does not care who typed your will — it cares that the will meets New Jersey's execution rules. A will is valid in New Jersey when it is in writing, signed by you, and witnessed by two people (N.J.S.A. 3B:3-2). Estateur builds each New Jersey will to those rules and includes step-by-step signing instructions, so an online will you sign correctly is just as valid as one prepared any other way.
- How many witnesses does a will need in New Jersey?
- New Jersey requires two witnesses to sign your will. Adding a notarized self-proving affidavit is optional but recommended — it lets the will be admitted to probate without tracking down your witnesses. New Jersey also recognizes handwritten (holographic) wills, though a witnessed will is stronger.
- Do I need a lawyer to make a will in New Jersey?
- No. New Jersey law does not require a lawyer to make a valid will — you can prepare and sign your own. Estateur is a self-help document-preparation service (not a law firm, and no attorney personally reviews each plan) that drafts your New Jersey documents against the state's verified rules and validates them before you see them. For complex situations — large or taxable estates, blended families, special-needs beneficiaries, or business succession — consulting a licensed New Jersey attorney is wise.
- Does New Jersey have an estate tax or inheritance tax?
- New Jersey has no state estate tax, but it does levy an inheritance tax paid by certain beneficiaries depending on their relationship to the decedent. There is no New Jersey estate tax on top of the federal one.
- How much does an online will cost in New Jersey?
- Estateur uses flat, one-time pricing that is the same in New Jersey as in every other state: a single Last Will & Testament is $79, or the full Will Plan (seven documents) is $99, with no subscription required.
Create your New Jersey estate plan
Take the free 2-minute quiz for a personalized recommendation, or go straight to the plan you need — built for New Jersey, at a flat one-time price.
Estateur is a self-help document preparation service, not a law firm, and does not provide legal advice. Information on this page reflects New Jersey law in general terms and may change.
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