Yes, you can write your own will in New Jersey, but it must meet legal requirements to be valid. A will doesn’t have to be notarized to be valid. Ensuring your will is “self-proving” with the proper signatures and affidavits allows the probate court to accept it immediately. This step spares your loved ones the stress of tracking down witnesses or jumping through extra legal hoops when the time comes.
Our NJ wills lawyers can draft clear, legally sound plans in place so your wishes are honored. At The Matus Law Group, we strive to make the process manageable, so you can be sure your will is detailed, complete, and compliant with state law.
This guide explains New Jersey’s legal requirements for a valid will, what notarization really does, who can notarize your will, and the common mistakes to watch out for when you are writing one for yourself. Reach out to us at (732) 785-4453 to discuss your goals today.
Can You Legally Write Your Own Will in New Jersey?
You can legally write your own will in New Jersey if you are at least 18 and of sound mind. Under N.J.S.A. 3B:3-1, any person 18 or older who is of sound mind can make a will. You do not need a lawyer’s help to create one that the law recognizes.
Except for a qualifying handwritten (or a holographic) will, a will must be in writing, signed by you or in your name at your direction, and signed by at least two witnesses within a reasonable time after each witness saw you sign the will or acknowledge your signature or the will.
What Are the Pros and Cons of Writing Your Own Will?
If you’re weighing whether to write your own will, it helps to take an honest look at both sides. A do-it-yourself will can be a reasonable choice for some people, while others are better served by professional help.
Here are the main advantages of writing your own will:
- Cost savings: Creating your own will is usually more affordable than hiring an attorney, which makes it appealing for straightforward estates.
- Convenience: DIY wills are widely available online and in stationery stores. You can easily complete one at your own pace and on your own schedule.
- Privacy: Writing your own will lets you keep your affairs private, since you only need to share personal financial details with a few people.
And here are the drawbacks worth thinking about before you rely on one:
- Complexity: If you have significant assets, multiple beneficiaries, or specific requests, a template may not cover everything you need.
- Legal compliance: New Jersey has specific requirements for wills, and failing to meet them can make your will invalid.
- Risk of errors: Mistakes or unclear wording can lead to disputes among your loved ones, delays in probate, and higher legal costs.
- Limited guidance: Writing your own will means you won’t have someone to flag issues that could surface later during probate.
DIY wills are easier to use when the estate plan and beneficiary instructions are straightforward. If your situation is more involved, professional guidance can help you avoid problems your family would otherwise have to sort out eventually.
Key Takeaway: A DIY will is a convenient, low-cost option for highly straightforward estates. But, even small errors can lead to stressful probate delays and disputes for your family by the time it is needed. If your situation involves complex assets, multiple beneficiaries, or you simply want absolute peace of mind, professional legal guidance is always the safest path.
What Are New Jersey’s Basic Legal Requirements for a Will?
Creating a legally binding will in New Jersey means meeting the standards set out in N.J.S.A. 3B:3-2. These rules exist to confirm if the document truly reflects what you want in your will.
- Age and capacity: You must be at least 18 years old and of sound mind, meaning you understand what you own and the effect of signing a will.
- In writing: New Jersey requires wills to be in writing. Verbal or oral wills are not recognized in the state.
- Signature: You must sign the will to show your intent. If you are physically unable to sign, someone else may sign for you, but only in your presence and at your direction.
- Witnesses: At least two people must sign the will within a reasonable time after witnessing you sign it or after you acknowledge your signature or the will to them.
A clear intent ties all of this together. Your will should plainly state how you want your assets and property distributed, because vague or conflicting language can create confusion and disputes during probate.
Key Takeaway: A formally witnessed New Jersey will must be in writing, signed by or for the testator as the law permits, and signed by at least two witnesses. New Jersey also recognizes certain handwritten wills without witnesses.
Do You Need to Notarize a Will in New Jersey?
In New Jersey, notarization is not required to create a legally valid will. Notarization matters because it allows you to create a self-proving will through a self-proving affidavit under N.J.S.A. 3B:3-4.
A self-proving will includes notarized statements from you and your witnesses. When the will has been properly executed and acknowledged as a self-proved will, the surrogate can admit the will to probate without further affidavit, deposition, or proof of execution.
When a notary verifies identity and performs the required acknowledgment or oath, it becomes harder for anyone to contest that the will was signed under pressure or that the signatures aren’t genuine.
Key Takeaway: Notarization is not required for a formally valid New Jersey will. A properly self-proved will may be admitted to probate without additional proof from an attesting witness.
Who Can Notarize a Will in New Jersey?
To notarize your will in New Jersey, you’ll need a notary public who is officially commissioned by the state. Many banks, law offices, shipping stores, and town halls across New Jersey have notaries on staff, and some attorneys are also commissioned notaries who can handle it as part of preparing your estate plan.
While New Jersey permanently allows Remote Online Notarization (RON) for many standard legal documents, electronic signatures and remote online notarizations are not permitted for wills, codicils, or testamentary trusts. Furthermore, New Jersey does not currently allow remote witnessing of a will. Your will and its self-proving affidavit must be executed with physical, wet-ink signatures in the in-person presence of your witnesses and notary.
Notary availability, procedures, and fees vary by provider. But if you’re already working with an estate planning attorney, they can arrange the witnesses and the notary in one visit so everything can be completed quickly.
What Happens If Your Will Isn’t Notarized?
If your will isn’t notarized, it doesn’t mean that it is automatically invalid. As long as your will meets New Jersey’s core requirements under N.J.S.A. 3B:3-2, it is still a legal document that a court can honor.
Without a self-proving affidavit, the court may need one of your witnesses who knows the facts concerning the will’s execution and attestation. If the witnesses are unavailable, or have passed away, additional proof or a different probate procedure is needed.
NJ Wills Lawyer – The Matus Law Group
Christine Matus, Esq.
Christine Matus has spent over three decades helping New Jersey families protect what matters most. Her legal journey began with a Bachelor’s in Economics from Rutgers University and a J.D. from Touro College, supplemented by studies in ethics at Oxford University, giving her a blend of financial acumen and deep integrity. Since her admission to the New Jersey Bar in 1995, Christine has channeled this extensive training into crafting wills that are both financially strategic and legally ironclad, ensuring your assets are protected and your wishes are honored exactly as you intend.
An active leader in the Ocean County Bar Association and a passionate advocate for elder law and special needs planning, she has spent years lecturing and publishing works on how to protect vulnerable loved ones. By combining her decades of community service with her legal experience, she ensures your estate plan is a customized reflection of your life’s work that grants your family lasting peace of mind.
What Mistakes Do People Make Writing Their Own Will?
Catching issues with a will early keeps small oversights from becoming big problems for your family later.
- Not meeting legal requirements: Skipping the correct signing or witnessing steps can make the entire will invalid.
- Ambiguous language: Vague or unclear wording can leave your loved ones guessing about what you meant, which sometimes leads to disagreements.
- Incomplete instructions: Forgetting to address certain property, replacement beneficiaries, or instructions when your named executor cannot serve can lead to unintended results.
- No backup plans: Many DIY wills don’t address what happens if a beneficiary passes away before you, or if your chosen executor can’t serve.
Unclear language can spark disputes among heirs and can further delay probate. While the court works to interpret your wishes, some cases can lead to assets being distributed in ways you would never have chosen. A well-written, specifically drafted will is the best way to prevent ambiguity.
Key Takeaway: While DIY wills are written with the best intentions, simple oversights like vague wording, missing backup plans, or failing to meet New Jersey’s strict signing rules can completely invalidate your wishes. These technical errors often lead to painful family disputes and stressful probate delays.
Should You Have an Attorney Review Your Will?
Both DIY wills and attorney-drafted wills are valid options if they are compliant with New Jersey law. But the right choice depends on the size of your estate, what your wishes are, and how much peace of mind you want. Even for a simple situation, having an attorney review your will can catch costly errors before they ever affect your family.
The table below compares the two approaches side by side.
| Factor | DIY Will Kit | Attorney-Drafted Will |
|---|---|---|
| Cost | Lower upfront cost | Higher upfront cost |
| Customization | Template-based, one-size-fits-all | Tailored to your specific wishes |
| Legal review | None | Reviewed for New Jersey compliance |
| Error Prevention / Verification | Not included | Included as part of the legal service. |
| Best suited for | Simple, uncomplicated estates | Complex estates and specific goals |
An attorney can tailor your will to your exact circumstances, review it for compliance with New Jersey law, and reduce the chance of a will contest down the road.
Working with a Red Bank Wills Attorney
Deciding how to handle your will is a personal choice, and it’s understandable to feel unsure about getting the details right. The Matus Law Group has years of experience helping families throughout New Jersey and Monmouth County. We can help you create a legally sound will that truly honors your wishes.
If you’d like us to guide you in making your own will, our NJ wills attorneys can walk you through the process. To schedule a consultation, call us at (732) 785-4453 or visit our office at 125 Half Mile Rd #201A, Red Bank, NJ 07701. We serve families across New Jersey.
Frequently Asked Questions about Writing Your Own Will
Can I write my own will and have it notarized in New Jersey?
Yes. New Jersey lets you write your own will and have it notarized. Notarization isn’t what makes the will valid, but it allows you to add a self-proving affidavit that can make probate faster and easier for your family.
How old do I have to be to make a will in New Jersey?
Under N.J.S.A. 3B:3-1, you must be at least 18 years old and of sound mind to make a valid will in New Jersey.
Is a handwritten will valid in New Jersey?
Yes. New Jersey recognizes handwritten, or holographic, wills. A holographic will can be valid if your signature and the material portions of the document are in your own handwriting, even without witnesses.
How many witnesses does a New Jersey will need?
For a formally witnessed will, at least two people must sign within a reasonable time after witnessing you sign the will or after you acknowledge your signature or the will to them. It’s best to choose witnesses who are not beneficiaries to help avoid disputes later.
What is a self-proving will?
A self-proving will includes a notarized affidavit signed by you and your witnesses, as allowed under N.J.S.A. 3B:3-4. It lets the probate court accept your will without further affidavit, deposition, or proof of execution.
Is my will invalid if it isn’t notarized?
No. An unnotarized will can still be valid in New Jersey if it meets the writing, signature, and witness requirements. Without notarization, the court may simply need one of your attesting witnesses or another person with the execution knowledge.
Who can notarize a will in New Jersey?
Any notary public commissioned by the state of New Jersey can notarize your will, including notaries at banks, law offices, and town halls. Additionally, New Jersey attorneys-at-law are legally authorized to take acknowledgments and administer oaths, allowing them to handle these execution requirements directly while preparing your estate plan.
