Best Will & Testament Lawyers in New Jersey

About Will & Testament Law in New Jersey, United States

A Will and Testament is a fundamental legal document that allows an individual, known as the testator, to dictate how their property and assets will be distributed after their death. In New Jersey, having a valid Will ensures that your wishes are respected and that your loved ones are provided for according to your instructions. Without a Will, state law decides how your estate is divided, which may not align with your preferences. Wills can also address matters such as guardianship of minor children and the appointment of an executor to manage your estate.

Why You May Need a Lawyer

Creating a Will is an important legal task, and while simple Wills can sometimes be drafted without a lawyer, there are many instances when professional legal guidance is invaluable. Some common situations where a lawyer's help can be especially beneficial include:

• Your estate is large or includes complex assets like businesses, real estate in multiple states, or retirement accounts.
• You wish to disinherit family members or make charitable bequests.
• You have minor or dependent children and need to establish guardianship or trusts.
• You suspect someone may contest your Will.
• You want to understand the tax implications of your wishes.
• Your personal circumstances have changed due to divorce, remarriage, or the birth of new children.
• You require assistance updating an existing Will or addressing digital assets.

A knowledgeable attorney can help you avoid common pitfalls, ensure your Will complies with New Jersey law, and provide peace of mind that your estate will be handled according to your wishes.

Local Laws Overview

New Jersey has specific requirements regarding Wills and Testaments. Key aspects of local law include:

• Legal Age and Capacity - Any individual 18 years or older and of sound mind may make a Will.
• Written Requirement - Most Wills in New Jersey must be in writing, though there are exceptions for oral Wills in very limited situations.
• Witnesses - In most cases, a Will must be signed by the testator and witnessed by at least two individuals who are not beneficiaries. These witnesses must be present at the same time to observe the signing.
• Self-Proving Wills - New Jersey allows for a "self-proving" affidavit that simplifies the probate process. This affidavit must be signed by the testator and witnesses before a notary public.
• Probate Process - Upon death, the Will is submitted to the Surrogate’s Court in the county where the deceased resided. The probate process officially recognizes the Will and appoints the executor.
• Intestacy - Without a valid Will, New Jersey law determines the distribution of assets under intestacy statutes, which may not reflect the decedent's actual wishes.
• Updates and Revocation - A Will can be changed or revoked at any time before the testator’s death, as long as they remain of sound mind.

Frequently Asked Questions

What makes a Will valid in New Jersey?

For a Will to be valid, the testator must be at least 18 years old and of sound mind. The Will must be written, signed by the testator, and witnessed by at least two individuals not named as beneficiaries.

Can I write my own Will in New Jersey?

Yes, you can write your own Will. A handwritten or "holographic" Will is recognized in New Jersey if it is completely in the testator's handwriting and signed. However, these can be more easily challenged in court, so legal assistance is advisable.

How does probate work?

Probate is the legal process through which a Will is validated and the estate is administered. The Surrogate’s Court oversees this process, verifies the Will’s validity, and appoints the executor to carry out the testator’s wishes.

Who can be an executor, and what are their responsibilities?

An executor can be any competent adult, typically a trusted friend or family member. Their duties include locating assets, paying debts, filing taxes, and distributing property in accordance with the Will.

What happens if I die without a Will?

If you die without a Will, your estate goes through intestate succession. New Jersey law dictates who inherits your property, prioritizing spouses, children, parents, and other relatives.

Can I disinherit someone in my Will?

You may disinherit most relatives; however, state law protects certain rights for spouses and minor children. It is crucial to work with a lawyer to ensure your intentions are legally enforceable.

How often should I update my Will?

It is wise to review your Will every few years or after significant life events such as marriage, divorce, the birth of a child, or major changes in your assets.

Are digital assets covered by my Will?

Digital assets such as online accounts, digital photos, and cryptocurrencies can be covered in a Will, but it is important to be explicit about your wishes and provide necessary access information for your executor.

What is a self-proving Will?

A self-proving Will includes a notarized affidavit from the testator and witnesses, making probate simpler because the court does not need to contact the witnesses to prove the Will's validity.

Do I need to notarize my Will in New Jersey?

Notarization is not required for a Will to be valid but is recommended for a self-proving Will. Notarized self-proving affidavits help avoid potential delays during probate.

Additional Resources

If you require further information or support regarding Wills and Testaments in New Jersey, consider reaching out to the following organizations:

• New Jersey Judiciary Surrogate’s Court - Each county has a Surrogate’s Court that manages probate matters and can provide guidance on the process.
• New Jersey State Bar Association - Offers resources and referrals to qualified attorneys specializing in estate planning and probate.
• Legal Services of New Jersey - Provides free or low-cost legal assistance to qualifying individuals in civil legal matters, including Wills and estates.
• American Bar Association - Offers educational resources on estate planning.

Next Steps

If you are considering creating or updating a Will in New Jersey, or if you have been named as an executor or beneficiary, it is beneficial to consult with an experienced attorney. Here are the steps you can follow:

• Identify your goals, assets, and any special considerations such as guardianship or trusts.
• Gather relevant financial and personal documents.
• Contact a qualified New Jersey estate planning or probate attorney to discuss your situation.
• Prepare questions for your attorney about the process, costs, and options.
• Review and finalize your Will according to legal requirements.
• Keep your Will in a safe but accessible place and inform your executor of its location.
• Periodically review your Will to ensure it still reflects your wishes.

Seeking professional legal advice can help ensure your wishes are honored and make the process as smooth as possible for your loved ones.