How do I make a valid will in New Jersey?

New Jersey wills are governed by N.J.S.A. Title 3B, Chapter 3.

1. Testator Requirements

Age: 18 or older (N.J.S.A. 3B:3-1).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (N.J.S.A. 3B:3-2(a))

In writing.

Signed by the testator (or by another in the testator's conscious presence and at the testator's direction).

Signed by at least 2 individuals, each of whom signed within a reasonable time after witnessing the signing or acknowledgment.

3. Notarization

Not required for validity. A self-proving affidavit (N.J.S.A. 3B:3-4) before a notary allows the will to be admitted without witness testimony.

4. Holographic Wills (N.J.S.A. 3B:3-2(b))

Valid if signed by the testator and the material portions are in the testator's handwriting. No witnesses required.

5. Harmless Error Rule (N.J.S.A. 3B:3-3)

A document that fails to meet formalities may still be treated as a will if proponent establishes by clear and convincing evidence that the decedent intended it as a will.

6. Interested Witnesses

New Jersey abolished the interested-witness rule (N.J.S.A. 3B:3-8) — a beneficiary may serve as a witness without forfeiting the gift.

7. Intestacy (No Will)

N.J.S.A. 3B:5-3: Spouse with all descendants from this marriage — spouse takes all. Spouse + descendants from prior relationships or testator's surviving parent + descendants — spouse takes first 25% (min $50,000, max $200,000) + 75% of balance.

8. Small Estate Threshold

Under N.J.S.A. 3B:10-3, surviving spouse may take all assets without administration if estate value is under $50,000; for other heirs the limit is $20,000 (N.J.S.A. 3B:10-4).

9. NJ Inheritance Tax

New Jersey has an inheritance tax (not just estate tax) on transfers to siblings, nieces/nephews, and unrelated persons (Class C and D beneficiaries) — plan accordingly.

This is legal information, not legal advice.