New Jersey law does not require you to hire a lawyer to create a will. Under N.J.S.A. § 3B:3-2, a valid will only needs to be in writing, signed by the testator, and witnessed by two individuals. However, working with an attorney can help you avoid costly mistakes, address complicated family situations, and ensure your will holds up during probate at the Monmouth County Surrogate’s Court.
At The Matus Law Group, New Jersey estate planning attorney Christine Matus helps families throughout Monmouth County create wills that reflect their wishes and meet every legal requirement. Our wills attorneys guide you through the process so your assets, guardianship preferences, and final instructions are clearly documented and legally enforceable.
This guide explains the legal requirements for making a valid will, when hiring a lawyer is worth the investment, common mistakes that can invalidate a will, how to keep your will current, and what to expect during the probate process. Call The Matus Law Group at (732) 785-4453 to speak with Christine Matus about your estate planning needs.
What Are the Legal Requirements for Making a Valid Will?
New Jersey has specific rules that determine whether a will is legally valid. Missing even one requirement can give someone grounds to challenge the document in court.
To create a valid will under N.J.S.A. § 3B:3-2, you must meet three basic conditions. The will must be in writing, either typed or printed. You must sign it yourself or direct someone else to sign in your conscious presence. Two witnesses must also sign the document within a reasonable time after watching you sign or hearing you acknowledge your signature.
New Jersey also recognizes holographic wills, which are handwritten documents in the testator’s own handwriting. These do not require witnesses, but they are more likely to face challenges during probate because there is no independent verification of the signing.
Key Takeaway: A valid New Jersey will must be written, signed by the testator, and signed by two witnesses under N.J.S.A. § 3B:3-2. Holographic wills are permitted but carry a higher risk of challenge during probate.
Contact Christine Matus at The Matus Law Group to make sure your will meets every legal requirement. Call (732) 785-4453 to schedule a consultation.
Does a Will Need to Be Notarized?
New Jersey law does not require notarization for a will to be legally valid. However, notarization offers a practical benefit that can simplify the probate process for your family after you pass away.
A notarized will becomes what is called “self-proving.” Under N.J.S.A. § 3B:3-4, when you and your witnesses sign a self-proving affidavit before a notary, the Surrogate’s Court can accept the will without needing to locate and verify the witnesses. This eliminates a step that can delay probate, especially if witnesses have moved, become unavailable, or passed away.
Without a self-proving affidavit, the Surrogate must confirm the will’s authenticity by contacting at least one of the original witnesses. If neither witness can be found, the probate process becomes more complicated and may require additional court proceedings.
How Does the Self-Proving Affidavit Work?
The self-proving affidavit is a separate document attached to your will. You, along with your two witnesses, sign it in the presence of a notary public. The affidavit confirms that you signed the will voluntarily, that you were of sound mind, and that the witnesses observed your signature. Under N.J.S.A. § 3B:3-4, a will executed with a proper self-proving affidavit can be admitted to probate by the Surrogate without further proof.
Most estate planning attorneys include notarization as a standard part of the will execution process. If you create a will without an attorney, you can still arrange for a notary to be present at the signing.
Key Takeaway: Notarization is not required, but it makes your will self-proving, which speeds up probate at the Surrogate’s Court. Most attorneys include notarization as a standard step in will preparation.
Wills Attorney in Monmouth County – The Matus Law Group
Christine Matus, Esq.
Christine Matus is the founder of The Matus Law Group and has practiced estate planning law in New Jersey for over 30 years. She earned her J.D. from Touro College, Jacob D. Fuchsberg Law Center, and her B.A. in Economics from Douglass College, Rutgers University. She also studied International Criminal Law and Ethics at St. Anne’s College, Oxford University.
Christine was admitted to the New Jersey Bar and the U.S. District Court of New Jersey in 1995. She is a member of the New Jersey State Bar Association, the Asian Pacific American Lawyers Association, and the American Bar Association, where she serves on its Advisory Panel. She also serves on the Board of Trustees of the Ocean County Bar Association.
As the parent of a special needs child, Christine brings personal understanding to families planning for loved ones with disabilities. She has been a member of the Attorney Arbitration Committee since 2021 and serves as an active mediator with the Superior Court of New Jersey and as General Counsel for Mary’s Little Children.
When Should You Hire a Lawyer to Make a Will?
While you can legally create a will on your own, certain situations make working with an attorney a much safer choice. The cost of hiring a lawyer is often far less than the cost of fixing a flawed will through probate litigation after someone has passed away.
Consider hiring an attorney if your family situation is complicated. Blended families, estranged relatives, or potential disputes among beneficiaries all increase the risk that someone may challenge your will. An attorney can structure the document to reduce ambiguity and address potential conflicts directly.
Large or complicated estates also benefit from professional guidance. If you own real estate in multiple states, have retirement accounts, hold business interests, or have significant investments, an attorney can help coordinate your will with other estate planning tools like trusts and beneficiary designations. This coordination helps avoid unintended tax consequences and ensures assets transfer smoothly.
Business Owners and Estate Planning
If you own a business or hold a partnership interest, your will needs to address succession planning. Without clear instructions, your business could face operational disruptions, disputes among partners or heirs, or a forced sale. An attorney can help structure ownership transfers, buy-sell agreements, and other provisions that protect the value of your business.
Families with Special Needs Members
Families who have a loved one with a disability face unique planning challenges. Leaving assets directly to someone who receives government benefits like Medicaid or Supplemental Security Income (SSI) can disqualify them from those programs. An attorney can help you set up a special needs trust within your estate plan to protect both the inheritance and the beneficiary’s public benefits.
- You have a blended family with children from prior relationships
- Your estate includes property in more than one state
- You own a business or partnership interest
- A beneficiary has special needs and receives government benefits
- You want to include charitable giving in your estate plan
- You expect a family member to contest the will
Key Takeaway: Hiring a lawyer is especially important for blended families, business owners, estates with property in multiple states, and families with special needs members. The cost of legal guidance upfront is typically far less than the cost of probate litigation later.
Christine Matus of The Matus Law Group has helped families across New Jersey plan for these exact situations for over 30 years. Call (732) 785-4453 to discuss your circumstances.
What Are Common Mistakes That Can Invalidate a Will?
Even a carefully considered will can be thrown out if it does not meet New Jersey’s legal requirements.
One frequent error is failing to have two witnesses present at signing. Under N.J.S.A. § 3B:3-2, the will must be signed by at least two individuals who observed the testator’s signature. If this requirement is not met, the will may be deemed invalid during probate.
Another common issue is using vague or ambiguous language. A will that says “I leave my property to my children equally” may seem clear, but it can create confusion about which assets are included, whether stepchildren qualify, or how jointly held property should be handled. Precise language prevents disputes and ensures the Surrogate’s Court can carry out your wishes.
Undue Influence and Lack of Capacity
A will can also be challenged if someone claims the testator was pressured or manipulated by another person. This is known as undue influence, and it is one of the most common grounds for will contests. A person in a position of trust, such as a caregiver or family member, may face allegations of influencing the testator’s decisions.
Similarly, if the testator’s mental capacity is questioned, the entire will can be invalidated. This is why documenting capacity at the time of signing, either through an attorney’s notes or a physician’s evaluation, can be a valuable safeguard.
| Common Mistake | Why It Matters | How to Avoid It |
|---|---|---|
| No witnesses at signing | Will may be invalid under N.J.S.A. § 3B:3-2 | Have two competent witnesses present; disinterested witnesses are preferred to reduce the risk of disputes |
| Vague or ambiguous language | Causes disputes among beneficiaries | Use precise terms; define all beneficiaries clearly |
| No self-proving affidavit | Delays probate; witnesses must be located | Notarize the will with a self-proving affidavit |
| Failure to update after life changes | Outdated provisions may not reflect current wishes | Review your will every 3 to 5 years |
| Leaving out a spouse | Spouse can claim elective share under NJ law | Address spousal inheritance directly in the will |
| Not accounting for digital assets | Online accounts and digital property may be lost | Create a separate digital asset inventory |
What Happens If You Die Without a Will in New Jersey?
Dying without a will is called dying “intestate.” When this happens, the New Jersey intestacy statutes under N.J.S.A. § 3B:5-3 determine how your assets are distributed. The court follows a fixed order of priority that may not match what you would have chosen.
If you are married and have no surviving descendants or parents, your surviving spouse typically inherits the entire intestate estate. In many cases, the surviving spouse also inherits the entire estate when all of the decedent’s surviving descendants are also descendants of that spouse and the spouse has no other surviving descendants from another relationship. The spouse receives the first 25% of the estate, but not less than $50,000 or more than $200,000, plus part of the balance only in certain situations, such as when the decedent or the surviving spouse has descendants from another relationship. Because New Jersey intestacy rules are fact-specific, blended families should be described with extra care.
Without a will, you also cannot name a guardian for your minor children. The court will appoint someone, and that person may not be who you would have selected. You lose the ability to designate an executor, create trusts for beneficiaries, or make charitable gifts.
Talk to a Monmouth County Estate Planning Attorney Today
Creating a will is one of the most important steps you can take to protect your family and your assets. Whether your situation is straightforward or involves complicated family dynamics, business interests, or special needs planning, having a properly drafted will gives you control over what happens after you are gone.
Estate planning attorney Christine Matus has helped families create comprehensive wills for over 30 years. At The Matus Law Group, our wills attorneys handle every aspect of will preparation, from initial consultation through execution and notarization. We also assist with probate filings at the Surrogate’s Court and guide executors through the administration process.
Call The Matus Law Group at (732) 785-4453 for a consultation. Our offices in Red Bank and Toms River serve families across Monmouth and Ocean counties. The right legal guidance can make all the difference when creating a will that truly reflects your intentions and safeguards your family’s future.
