What Is a Last Will and Testament?
New Jersey defines a will as “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.” (§ 3B:1-2)
Requirements
To execute a valid will, individuals must:
- Be mentally sound and at least eighteen (18) years of age. (§ 3B:3-1)
- The will must be signed by two competent witnesses. (§ 3B:3-2(a)(2))
- The will must be in writing. (§ 3B:3-2(a)(1))
Filing
New Jersey does not mandate filing a will before death. Some probate courts may offer residents the option to deposit their wills for safekeeping.
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