Is An Online Will Legally Valid in New Jersey?
Yes, online wills are legally valid in New Jersey. However, there are steps you need to take beyond simply creating one online for it to hold up in court. Learn more about those rules below.
Not to worry, FeedingBird will guide you through every step of the process.
What Makes an Online Will Legally Valid in New Jersey?
Under N.J. Stat. 3B:3-2, a valid New Jersey will must be in writing and signed by the testator, then signed by two witnesses who sign within a reasonable time after watching the testator sign or acknowledge the will. You do not need notarization for the will to be legally valid, but you can add a notarized self-proving affidavit so the court can accept the will without contacting your witnesses later.
New Jersey also recognizes holographic wills, meaning a handwritten will can be valid even without witnesses, as long as the signature and the material provisions, such as who receives what property, are in the testator's own handwriting.
What You Need to Know about Online Wills in New Jersey
Estate laws can be complicated, sometimes overwhelming, and they are different depending on which state you live in. To avoid lengthy delays, you’ll want to ensure your online will is structured correctly according to your state’s requirements.
New Jersey Property Laws
In New Jersey, all property owned solely in your name is distributed according to how they’re documented in your will. If there isn’t a will, distribution will follow the state's intestate succession rules.
New Jersey Probate
Under New Jersey law, a will generally cannot be admitted to probate until at least 10 days after the decedent's death, though the will can be presented to the county Surrogate's Court beforehand to begin the process. If there is no will and a surviving spouse, civil union partner, or domestic partner is claiming the estate, and it totals $50,000 or less, a Small Estate Affidavit can be used instead of full administration. Other next of kin can use a similar affidavit for estates of $20,000 or less.
Avoiding Probate in New Jersey
Probate can be costly and exhausting. For that reason, people sometimes plan to avoid probate. You can do that in the following situations.
- Choose a revocable living trust. A living trust lets you retain control of your estate and names a successor trustee to manage distribution after your death.
- Identify beneficiaries on financial and retirement accounts. A payable-on-death (POD) designation names a person who will receive funds at the time of your death, and a transfer-on-death (TOD) designation identifies who inherits brokerage accounts.
- Hold property as joint tenants with right of survivorship, which automatically goe to the surviving owner outside of probate.
Want to learn more about trusts? Discover what is included in a trust.
