Wills in New Jersey

A will is the foundation of every estate plan. It tells the court exactly who gets your assets, who raises your minor children, and who manages the process. Without one, New Jersey's intestacy laws make those decisions for you — and the result may not be what you want.

Papa Alpha & Alpha Law in Springfield, NJ drafts wills that protect your family and carry out your wishes. We make the process straightforward and affordable.

NJ Will Requirements

For a will to be legally valid in New Jersey, it must meet specific requirements under N.J.S.A. 3B:3-2:

• You must be at least 18 years old.
• You must be of sound mind — you understand what you own, who your family is, and what the will does.
• The will must be in writing. Oral wills are not valid in NJ except in extremely limited military circumstances.
• You must sign the will at the end (or direct someone to sign for you in your presence).
• Two witnesses must sign in your presence and in each other's presence.

A will that fails any of these requirements can be challenged and potentially thrown out by the court.

Self-Proving Affidavit

While not required, a self-proving affidavit makes probate faster. You and your witnesses sign a sworn statement before a notary public confirming the will was properly executed. This eliminates the need to track down witnesses after your death.

Types of Wills

Simple Will

A straightforward document that names beneficiaries for your assets, appoints a guardian for minor children, and designates an executor. This works well for people with modest estates and uncomplicated family situations.

Pour-Over Will

Used in conjunction with a trust. A pour-over will directs any assets not already in your trust to be "poured over" into the trust at your death. This acts as a safety net to ensure everything ends up where you intended.

Joint Will

A single will signed by two people, usually spouses. We generally advise against joint wills because they can create legal complications after the first spouse dies. Separate wills for each spouse provide more flexibility.

What Your Will Should Cover

A well-drafted will addresses more than just who gets your money. We make sure your will covers:

• Asset distribution — Who receives specific items, financial accounts, real property, and personal belongings.
• Guardian designation — Who will raise your minor children if both parents die. This is often the most important decision for young families.
• Executor appointment — Who manages the estate through probate. Choose someone you trust who is organized and responsible.
• Alternate beneficiaries — What happens if a named beneficiary dies before you.
• Specific bequests — Items of sentimental value that you want to go to specific people.
• Residuary clause — What happens to anything not specifically mentioned in the will.
• Debt payment instructions — How outstanding debts and taxes should be handled.

What Happens Without a Will (Intestacy)

If you die without a valid will in New Jersey, your assets are distributed according to the intestacy statute (N.J.S.A. 3B:5-3 et seq.). The state's formula may not match your wishes:

• Married with no children or parents — Your spouse gets everything.
• Married with children (all from this marriage) — Your spouse gets the first 25% of the estate (minimum $50,000, maximum $200,000) plus half the balance. Children split the rest.
• Married with children from a prior relationship — Your spouse gets half, and your children split the other half.
• Unmarried with children — Children inherit everything equally.
• Unmarried with no children — Assets go to your parents, then siblings, then more distant relatives.
• No surviving relatives — The state of New Jersey takes everything.

Unmarried partners, stepchildren, close friends, and charities receive nothing under intestacy — no matter how important they are to you.

When to Update Your Will

Your will should be reviewed and potentially updated whenever a major life event occurs:

• Marriage or divorce.
• Birth or adoption of a child.
• Death of a beneficiary or executor.
• Significant change in assets (buying a home, inheritance, business ownership).
• Moving to or from New Jersey.
• Changes in your wishes.

An outdated will can be worse than no will at all if it names the wrong people or reflects a life situation that no longer exists.

Common Will Mistakes

We see these errors regularly in wills drafted without proper legal guidance:

• Not properly signing or witnessing the will — makes the entire document invalid.
• Failing to name alternate beneficiaries — creates confusion if someone dies before you.
• Trying to leave assets that pass outside the will — life insurance, retirement accounts, and jointly held property pass by beneficiary designation or title, not through the will.
• Using online templates without legal review — generic forms often miss NJ-specific requirements and fail to address your actual situation.

Protect Your Family's Future

A properly drafted will gives you control over what happens to your assets and your family. It is one of the most important legal documents you will ever sign.

Call Papa Alpha & Alpha Law at (201) 555-0100 to schedule your free consultation. Our Springfield, NJ estate planning attorneys make the process clear and simple.