New Jersey Last Will and Testament Template

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A New Jersey Last Will and Testament is a document used for estate-planning purposes and created by an individual who wishes to set instructions on how their estate shall be distributed upon death. This individual, known as the “Testator,” can utilize a will to dictate the distribution of assets– such as real and personal property, fiduciary assets, life insurance policies, cash-on-hand, and many others– among friends, family, and even charitable organizations. A testator may also appoint a chosen executor or personal representative who shall manage the estate in accordance with the will terms. Under New Jersey law, wills must be witnessed and signed by two (2) credible witnesses in order to be legally executed. Wills may be revoked or changed by the testator at any time, as long as they are of sound mind to do so.

Table of Contents

Laws

Definition – (NJ Rev Stat § 3B:1-2 (2013)) – “Will” means the last will and testament of a testator or testatrix and includes any codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of a person or class to succeed to property of the decedent passing by intestate succession.

Signing Requirements (Section 3B:3-2) – Signed by Two (2) Witnesses.

Statutes – Title 3B (Administration of Estates – Decedents and Others)

(Video) How to Make a Will in New Jersey

How to Write

Step 1 – Establishment of the statement of a testator is as simple as entering the full name of the testator at the top of the document as the beginning process of creation of the document- one would then provide:

  • The name of the testator
  • Their City and county of residence
  • Review by the testator of the remaining portion of the section
  • The testator must also carefully review the “Expenses and Taxes” section

Step 2 – Nominate and  Appoint an Executor–

  • Select and enter the testator’s choice for executor
  • Enter  their city
  • Their County
  • Provide the executor’s state

Select an Alternate Executor to ensure that there will be a trusted second to be certain that there will be someone available in the even that there will be availability if for any reason the initial executor becomes unable to serve – Enter the following:

  • Provide the name of the testator’s second selected executor
  • City
  • County
  • State

Step 3 – Disposition lists of Property that  testator declares provision to all of their chosen Beneficiaries:

Beneficiaries  – Enter the following information:

  • Provide a name for each beneficiary
  • Provide their address information
  • Provide the Beneficiary’s relationship to the testator
  • Enter the last four digits of the Social Security Number for each person
  • Provide a list of any property being gifted to each selected beneficiary according to the testator

Step 4 – All of the titled sections, as follows, should be reviewed by the testator:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Witnesses and  Signatures – Ant persons that shall serve as signatories, must all be present to sign this document. Enter the following:

  • Testator’s name
  • Date the testator’s signature in – dd/mm/yyyy format
  • Testator must sign their own signature
  • Testator’s printed name

Witnesses – Witnesses must read the statement provided and enter the following:

  • Signatures must be dated in dd/mm/yyyy format
  • Enter the testator’s name

Witness 1 – 

  • Signature
  • Address of witness

Witness 2 –

  • Signature
  • Address of witness

Step 6 – Testament Affidavit – This section should be reviewed by all parties involved:

  • State
  • County
  • Name of Testator
  • 1st Witness’ name
  • 2nd Witness’ name
  • PROVIDE:
  • Testator’s signature
  • 1st Witness signature
  • 2nd Witness signature

Step 7 (Optional) – Notary Public –After witnessing all signatures, the remaining portion of the document will be completed and authenticated by the state-licensed notary public. 

Related Forms

Advance Directive

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Durable (Financial) Power of Attorney

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