Attorney-Approved Last Will and Testament Document for the State of New Jersey

When filling out the New Jersey Last Will and Testament form, it is essential to follow certain guidelines to ensure that the document is valid and reflects your intentions. Here are ten important dos and don'ts:

• Do clearly identify yourself at the beginning of the document.
• Do specify your beneficiaries and what they will receive.
• Do appoint an executor to manage your estate after your passing.
• Do sign the will in the presence of at least two witnesses.
• Do date the will to indicate when it was created.
• Don't use vague language that could lead to confusion about your intentions.
• Don't forget to review and update your will regularly, especially after major life events.
• Don't include any illegal provisions that cannot be enforced.
• Don't leave out any necessary signatures, including those of witnesses.
• Don't attempt to create a will without understanding the legal requirements in New Jersey.

1. What is a Last Will and Testament?

   A Last Will and Testament is a legal document that outlines how an individual's assets and affairs should be handled after their death. It allows a person, known as the testator, to specify beneficiaries who will receive their property, appoint an executor to manage the estate, and make arrangements for any dependents. In New Jersey, having a valid will can help ensure that your wishes are followed and can simplify the probate process for your loved ones.

2. What are the requirements for creating a valid will in New Jersey?

   To create a valid Last Will and Testament in New Jersey, the following requirements must be met:

   • The testator must be at least 18 years old.
   • The will must be in writing, either typed or handwritten.
   • The testator must sign the will at the end of the document.
   • Two witnesses must sign the will in the presence of the testator. These witnesses cannot be beneficiaries of the will.

   It is also advisable to have the will notarized, although this is not a requirement in New Jersey.

3. Can I change or revoke my will?

   Yes, you can change or revoke your Last Will and Testament at any time while you are still alive and mentally competent. To make changes, you can create a new will that explicitly states that it revokes any previous wills. Alternatively, you can make amendments, known as codicils, which must also be signed and witnessed according to the same rules as the original will. If you wish to revoke your will entirely, you can do so by physically destroying it or by creating a new will that states your intention to revoke the previous one.

4. What happens if I die without a will in New Jersey?

   If you die without a will, also known as dying intestate, New Jersey law will determine how your assets are distributed. The state has specific intestacy laws that dictate the order of inheritance among surviving relatives. Generally, your assets will first go to your spouse and children, but if none exist, your estate may pass to other relatives such as parents, siblings, or more distant relatives. Dying intestate can complicate the distribution process and may not reflect your wishes, making it crucial to have a valid will in place.