Make a New Jersey Last Will and Testament

New Jersey State Last Will and Testament Laws

Definition of Will - Section 3B:1-2

Laws - Title 3B: Administration of Estates - Descendants and Others

Witnesses - According to Section 3B:3-2, the Will must be signed by two (2) witnesses.

A Sample New Jersey Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - List your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Then, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who is disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and you want to appoint someone to act as guardian or conservator to care for them in the event that you die, provide the following information for them as well as for an alternate:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you are ready to sign your Will, you must do so along with two witnesses in order for it to be legally executed. Remember to keep your finalized document in a safe place where the document is easy to locate when it is needed.

Why do you need a New Jersey last will and testament form?

Creating a last will and testament in the State of New Jersey is an important step in estate planning. The last will and testament is important to have so that the testator can provide instructions for the distribution of assets, guardianship of minors, and to appoint an executor of their estate upon their death.

The benefits of having a will

There is no legal requirement for having a last will and testament in the State of New Jersey. However, there are many advantages to having one in place.

• It allows you to specifically name an executor who will be responsible for carrying out your wishes as outlined by the will upon your death.
• You can outline any requirements for the distribution of assets, personal property, or anything of monetary or sentimental value.
• You can also outline guardianship guidelines for any surviving dependents.
• The State of New Jersey also allows for a pet trust to be included in a will.
• A simplified probate process can occur in the State of New Jersey if the value of the estate is worth less than $20,000 or there is no surviving spouse and the estate is not worth more than $10,000.

The costs of not having a will

Without a legal will in place, intestacy laws are enacted. This means that the probate courts in New Jersey will determine the outcome of any distribution of assets as well as guardianship of any minors. If a testator is survived by only a spouse, the spouse inherits the entirety of the estate. Conversely, if the testator is survived only by children, the children would inherit the entire estate. If there are a surviving spouse, children, and/or parents, they are each entitled to a portion of the entire estate. If there is no spouse, children, or parents, the probate court will search for a relative to inherit. If no relative is located, the State of New Jersey will absorb the estate.