New Jersey Last Will and Testament

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.

Sources

1. § 3B:1-2
2. § 3B:3-1
3. § 3B:3-2(a)(2)
4. § 3B:3-2(a)(1)

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