NJ Wills 101: What a Will Does (and Doesn’t Do) in New Jersey
- Law Office of Arij H. Syed
- Sep 22
- 3 min read
Thinking about a will in New Jersey? Learn what a will covers, what it can’t do, and the exact steps to make it valid in NJ.
NJ Wills 101: What a Will Does (and Doesn’t Do) in New Jersey
If you live in New Jersey and have been putting off writing a will, you’re not alone. Many families know they should get a will in place, but they aren’t clear on what it actually does—or what it doesn’t. Below is a plain-English guide to help you feel confident about this first step in estate planning.
What a Will Does in New Jersey
A properly drafted will can:
Name guardians for your children – This is one of the most important reasons parents create wills. Without a will, the court decides who raises your kids.
Direct who receives your assets – You can decide exactly how your money, home, and belongings are distributed.
Name an executor – This is the trusted person who will manage your estate, handle bills, and carry out your wishes.
What a Will Doesn’t Do
There are some common misconceptions:
It does not control non-probate assets. Things like life insurance policies, retirement accounts, or joint bank accounts pass directly to the beneficiary you listed—regardless of what your will says.
It does not handle incapacity. A will only takes effect after death. If you want someone to make decisions for you while you’re alive but unable, you need a Power of Attorney and Healthcare Directive.
It won’t prevent probate. Having a will makes probate easier, but it doesn’t avoid the process. If avoiding probate is a priority, a revocable living trust may be a better tool.
New Jersey’s Legal Requirements for a Will
In NJ, a will is valid if:
The person making the will (the “testator”) is at least 18 years old and of sound mind.
The will is in writing and signed.
Two witnesses are present and also sign (they don’t need to be beneficiaries).
While holographic (handwritten) wills can sometimes be accepted, they create risks of being contested. A typed, witnessed will is always safest.
Common Mistakes People Make
Using a DIY online template not tailored to NJ law.
Forgetting to update after marriage, divorce, or the birth of a child.
Assuming a will is “one and done” rather than a living document that should be reviewed every 3–5 years.
How We Help Families in NJ
At The Law Office of Arij H. Syed in Princeton, we walk families through the process step by step. We keep things clear, use flat fees (no surprises), and make sure your documents meet New Jersey’s requirements.
👉 Ready to get started? Book a 15-minute Will Strategy Call.
Quick Takeaway
A will is one of the most important documents you can create, but it’s only part of the full picture. Think of it as the foundation of your estate plan—then build with tools like beneficiary designations, powers of attorney, and trusts as needed.
Author Bio Snippet
Arij H. Syed, Esq., is a Princeton-based attorney focusing on estate planning, trusts, and real estate. Voted Top Attorney in New Jersey by Super Lawyer Magazine.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult an attorney licensed in New Jersey for advice regarding your individual situation.
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