New Jersey Last Will and Testament

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New Jersey Last Will and Testament

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Last updated April 20th, 2026

A New Jersey last will and testament is a document that provides instructions for the distribution of a person’s property after their death. It specifies the assets being transferred, who will act as personal representative (the person in charge of transferring assets), and who will receive which assets.

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A New Jersey last will and testament is a document that provides instructions for the distribution of a person’s property after their death. It specifies the assets being transferred, who will act as personal representative (the person in charge of transferring assets), and who will receive which assets.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator (and two witnesses if the will is not in the testator’s handwriting).[2]
  • How to Revoke – Destroying the will or creating a new one.[3]

Probate in New Jersey

Probate of Will

To probate a will, the personal representative (executor) will have to apply for Letters Testamentary which give authority to manage the estate. They must file the following with the surrogate court[4]:

The personal representative will then have to notify beneficiaries of the will’s filing (using the Notice of Probate of Will). Proof of notification must then be filed. They will then gather estate assets, handle inheritance and estate taxes, and pay off debts.[5]

The personal representative must then distribute the estate’s assets and file with the surrogate court a Refunding Bond & Release signed by the beneficiaries.[6]

Note: Each county has its own specific forms that must be used.

Small Estates

Intestate estates with a total value of $20,000 or less (or $50,000 or less if the decedent has a surviving spouse, partner in a civil union, or domestic partner) can have their assets distributed through a Next of Kin Affidavit of Assets (or Declaration or Surviving Spouse Affidavit of Assets and Declaration).[7]

Sources

  1. § 3B:3-1
  2. § 3B:3-2
  3. § 3B:3-13(a) & (b)
  4. Middlesex County, Mercer County
  5. Rule 4:80-6, NJ Division of Taxation, § 3B:17-2
  6. § 3B:23-24, Refunding Bond Instructions 
  7. §§ 3B:10-4, 3B:10-3