New Jersey Will Requirements (2026)
Under N.J.S.A. 3B:3-2, a valid will in New Jersey must:
- Be made by a person who is at least 18 years old and of sound mind
- Be in writing
- Be signed by the testator (or by someone else in their conscious presence and direction)
- Be signed by at least two individuals, each of whom signed within a reasonable time after witnessing the testator's signing
New Jersey does recognize holographic (entirely handwritten) wills under NJSA 3B:3-2(b), but they must be entirely in the testator's handwriting and signed. For any will that includes typed text, two witnesses are required.
New Jersey's Inheritance Tax — What You MUST Know
New Jersey is one of only six states with an inheritance tax (not an estate tax — the tax is on what beneficiaries receive, not on the estate itself). This is one of the most important NJ-specific estate planning considerations:
- Class A beneficiaries (spouse, domestic partner, children, grandchildren, parents, stepchildren): Exempt — pay no inheritance tax
- Class C beneficiaries (siblings, sons/daughters-in-law): Rates from 11% to 16% on amounts over $25,000
- Class D beneficiaries (everyone else except charities): 15% on amounts up to $700,000; 16% above that
- Charities: Exempt
⚠️ Critical NJ Tax Planning Note
If you plan to leave significant assets to siblings, nieces, nephews, friends, or non-relatives, the NJ inheritance tax can be substantial. A properly structured trust can help minimize this burden. For example, leaving assets to an unmarried partner (Class D) triggers a 15-16% tax — potentially costing tens of thousands of dollars on a $200,000 bequest.
New Jersey Estate Tax (Repealed)
New Jersey had a separate state estate tax, but it was repealed effective January 1, 2018. Today, only the federal estate tax applies to NJ estates (federal exemption: $13.61 million in 2026). The inheritance tax, however, remains in effect.
Best Online Will Services for New Jersey Residents
Trust & Will
Price: $199 individual | $299 couples
Trust & Will provides comprehensive NJ-compliant estate planning. Their platform addresses the inheritance tax considerations through beneficiary designations and trust options, and produces attorney-reviewed documents valid in New Jersey. The complete package (will + POA + healthcare directive) is the most thorough option available online.
- ✅ Complete estate plan addressing NJ inheritance tax
- ✅ Attorney-reviewed and NJ-compliant
- ✅ Living trust option available to minimize probate and taxes
- ✅ Healthcare directive and POA included
LegalZoom
Price: From $89
LegalZoom's basic will is valid in New Jersey and covers standard provisions. For NJ residents with simple situations leaving assets primarily to Class A beneficiaries (spouse, children), LegalZoom is a cost-effective option. For more complex situations with inheritance tax planning needs, Trust & Will or a local NJ attorney is preferable.
- ✅ NJ-valid will from $89
- ✅ Attorney access add-on available
- ⚠️ Less guidance on NJ inheritance tax implications
New Jersey Probate — Costs and Process
New Jersey probate is handled through the Surrogate's Court in each county. Key facts:
- Probate fees: approximately $30-140 depending on estate size and county
- Executor/administrator compensation: 5% of estate income + 3.5% on first $200,000 of corpus + 2% on amounts above $200,000
- The process typically takes 6-12 months for straightforward estates
- NJ allows a simplified "Short Certificate" process for small estates
For most New Jersey families with significant assets (especially homeowners in NJ's expensive real estate market), avoiding probate through a living trust or beneficiary designations can save significant time and money.
NJ-Specific Estate Planning Tips
Use Beneficiary Designations Aggressively
Life insurance, IRAs, 401(k)s, and bank accounts with payable-on-death (POD) designations pass outside probate and outside your will. For NJ residents wanting to leave assets to non-Class A beneficiaries, these non-probate transfers may also have different tax treatment — consult a tax advisor.
Consider a Living Trust
A revocable living trust allows your estate to bypass New Jersey probate entirely. For a NJ homeowner with significant equity, this can save thousands in executor fees and simplify administration substantially. Trust & Will offers living trusts starting at $399.
Update Beneficiary Designations After Life Changes
In New Jersey, divorce automatically revokes gifts to a former spouse in a will, but does NOT automatically change beneficiary designations on life insurance or retirement accounts. After any major life event — divorce, remarriage, death of a beneficiary — review and update all beneficiary designations.
Create Your New Jersey Estate Plan Today
Don't let NJ's inheritance tax surprise your family. Start your complete NJ estate plan with Trust & Will.
Get Started →Frequently Asked Questions
Does New Jersey have an estate tax in 2026?
No. New Jersey's estate tax was repealed effective January 1, 2018. However, New Jersey still has an inheritance tax — a tax on what certain beneficiaries receive. Only Class A beneficiaries (spouse, children, parents) are exempt. Other beneficiaries pay 11-16% on what they inherit.
Do I need a living trust in New Jersey?
Not everyone needs a living trust, but many NJ residents benefit from one. If you own a home in New Jersey (where home values are among the highest in the nation), a living trust can avoid probate, save on executor fees, and potentially reduce inheritance tax liability for non-Class A beneficiaries. It's worth serious consideration if your estate exceeds $200,000.
What happens if I die without a will in New Jersey?
Dying without a will in NJ means your estate passes according to the state's intestacy laws (N.J.S.A. 3B:5-1 through 3B:5-14). Generally, the estate passes to your spouse and children first, then to parents, siblings, and other relatives. Unmarried partners receive nothing under intestacy, regardless of the length of the relationship. If you want to leave anything to an unmarried partner, you must have a will.