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Last Will and Testament Template - New Jersey
A New Jersey Last Will and Testament details how a person's possessions and property should be distributed after their death. The document has three main purposes:
- Selecting the beneficiaries to take possession of the individual's property after their death.
- Electing guardians for childcare.
- Setting up a living trust to take care of any animals left behind.
The person making the will is known as the Testator. The Testator must be at of age and of sound mind in order to create their will. A New Jersey will must be done in writing to be recognized by the court.
The New Jersey Last Will is defined by Section 3B:1-2, Title 3B (Administration of Estates - Decedents and Others) . The document must be signed by two (2) witnesses. Click on this link to make your own form with our online form builder or download a ready-made template below.
What Is a Last Will and Testament in New Jersey?
A Last Will and Testament is a legal document that is written by a Testator to ensure that their estate will be distributed according to their wishes after their death. A Testator has to comply with certain requirements in order to be able to create a will.
- Age. A person must be over the age of 18 or an emancipated minor to legally be able to make a will.
- Testamentary capacity. A Testator must be of sound mind when composing their will. Having testamentary capacity means that the Testator has an understanding of what they are signing and are aware of the general nature and amount of property they own.
- Witnesses. All Last Wills must be signed and certified by a notary. Most states also require a legal will to be witnessed by least two people present during the signing of the document.
How to Write a Will and Testament in New Jersey?
Each state has its specific requirements that a Last Will and Testament must meet to be legally acknowledged. A Testator is free to choose what to include in their will. The basic instructions for creating a will in New Jersey are as follows:
- The Testator must make a list of the people that they would like to elect as beneficiaries.
- The Testator should then create an inventory of all assets (real estate, vehicles, bank accounts) and calculate their worth.
- The money and property must then be split between the selected beneficiaries.
- A portion of the assets that will go towards paying inheritance tax, mortgages and funeral costs should be calculated and included in the will.
In most cases, it is best practice to select an Executor - a person that carries out a Testator's wishes in accordance with the will. Any adult 18 years or older and that has never been convicted of a felony can be an Executor for a will.
Download Last Will and Testament Template - New Jersey
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