How to Make a Will in New Jersey (2026 Guide)

A will made in New Jersey must be signed by you and by 2 witnesses to be valid. Yes (N.J. Stat. Ann. §§ 3B:3-4, 3B:3-5). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free New Jersey will covers, generated from the same rules.

Make my free New Jersey will

New Jersey will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	N.J. Stat. Ann. § 3B:3-2
Financial POA statute	N.J. Stat. Ann. § 46:2B-8.1 et seq. (Revised Durable Power of Attorney Act)
Healthcare directive statute	N.J. Stat. Ann. § 26:2H-53 et seq. (New Jersey Advance Directives for Health Care Act)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (N.J. Stat. Ann. § 3B:3-2(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.J. Stat. Ann. § 3B:3-8); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in New Jersey?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (N.J. Stat. Ann. §§ 3B:3-4, 3B:3-5). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in New Jersey

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (N.J. Stat. Ann. § 3B:3-2(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.J. Stat. Ann. § 3B:3-8); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (N.J. Stat. Ann. §§ 3B:3-4, 3B:3-5). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. New Jersey has no general statute for lifetime deposit of a will with the Surrogate.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse or domestic partner cannot be completely disinherited. Unless the spouses were living separately under circumstances giving rise to a cause of action for divorce, the spouse may elect to take one-third of the augmented estate, which includes certain non-probate transfers (N.J. Stat. Ann. §§ 3B:8-1 to 3B:8-19).

Homestead

No special restriction on devising a homestead by will; New Jersey has no general homestead exemption.

If you die without a will in New Jersey

If you die without a will in New Jersey, your spouse or domestic partner takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first 25% of the estate (at least $50,000 and at most $200,000) plus three-quarters of the balance. If either you or your spouse have descendants who are not the other's, the spouse takes the first 25% (same limits) plus half (N.J. Stat. Ann. §§ 3B:5-3, 3B:5-4). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in New Jersey

• Durable financial power of attorney: N.J. Stat. Ann. § 46:2B-8.1 et seq. (Revised Durable Power of Attorney Act). A power of attorney must be in writing, signed by the principal, and acknowledged before a notary public or an attorney-at-law of New Jersey in the manner required for deeds (N.J. Stat. Ann. § 46:2B-8.9). Witnesses are not required by statute; two adult witnesses are recommended. Banking powers should track N.J. Stat. Ann. § 46:2B-11. Record it with the county clerk before using it for real estate.
• Advance healthcare directive: N.J. Stat. Ann. § 26:2H-53 et seq. (New Jersey Advance Directives for Health Care Act). An advance directive (proxy directive and/or instruction directive) must be signed and dated by the declarant in the presence of two adult witnesses, who attest that the declarant is of sound mind and free of duress, or acknowledged before a notary public, attorney, or other person authorized to administer oaths (N.J. Stat. Ann. § 26:2H-56). The appointed health care representative may not be a witness. No statutory form is mandatory.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (N.J. Stat. Ann. § 3B:3-11).

New Jersey notes

• New Jersey recognizes a writing intended as a will whose signature and material portions are in the testator's handwriting even without witnesses (N.J. Stat. Ann. § 3B:3-2(b)); a typed, witnessed will is far easier to prove.
• New Jersey attorneys may take acknowledgments, so the self-proving affidavit may be sworn before either a notary public or a New Jersey attorney.

Frequently asked questions

How many witnesses does a will need in New Jersey?

New Jersey requires 2 witnesses (N.J. Stat. Ann. § 3B:3-2). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (N.J. Stat. Ann. § 3B:3-2(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.J. Stat. Ann. § 3B:3-8); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in New Jersey?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does New Jersey have a self-proving affidavit?

Yes (N.J. Stat. Ann. §§ 3B:3-4, 3B:3-5). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in New Jersey?

Yes, New Jersey recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in New Jersey?

A surviving spouse or domestic partner cannot be completely disinherited. Unless the spouses were living separately under circumstances giving rise to a cause of action for divorce, the spouse may elect to take one-third of the augmented estate, which includes certain non-probate transfers (N.J. Stat. Ann. §§ 3B:8-1 to 3B:8-19).

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

If you die without a will in New Jersey, your spouse or domestic partner takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first 25% of the estate (at least $50,000 and at most $200,000) plus three-quarters of the balance. If either you or your spouse have descendants who are not the other's, the spouse takes the first 25% (same limits) plus half (N.J. Stat. Ann. §§ 3B:5-3, 3B:5-4). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in New Jersey?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (N.J. Stat. Ann. § 3B:3-47).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.