New Jersey wills
How to make a will in New Jersey
What New Jersey law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
New Jersey will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Allowed, but best avoided |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | No statewide program |
| State estate or inheritance tax | Inheritance tax |
How to sign a will in New Jersey
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (N.J.S.A. 3B:3-4 (at execution, before an officer authorized under R.S. 46:14-6.1); 3B:3-5 (after execution))
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
In writing, signed by the testator (or by another in the testator's conscious presence at the testator's direction), and signed by at least 2 individuals, each within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will (N.J.S.A. 3B:3-2(a)).
If a witness inherits: No effect: a will or provision is not invalid because an interested witness signed it (N.J.S.A. 3B:3-8).
Handwritten wills
Signature and material portions in the testator's handwriting, witnessed or not (N.J.S.A. 3B:3-2(b)).
Self-proving affidavit
New Jersey lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (N.J.S.A. 3B:3-4 (at execution, before an officer authorized under R.S. 46:14-6.1); 3B:3-5 (after execution))
Can I sign my will online in New Jersey?
No. Not authorized. S-421 (Uniform Electronic Wills Act) was reported favorably by the Senate Judiciary Committee on 2025-12-15, but I found no enactment.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: 52:7-10.10(b) excludes records governed by will law, except that subsections e-h (tangible, wet-ink record procedures) apply. The NJ State Bar Association says wills still need wet-ink signatures. (N.J.S.A. 52:7-10.10 (P.L. 2021, c. 179, approved 2021-07-22))
Good to know in New Jersey
Statute text was checked on FindLaw (current as of 2024-01-01) because the official NJ code site couldn't be fetched. I couldn't verify a lifetime will-deposit option (no statute found), so will_deposit is null.
Estate and inheritance taxes
New Jersey has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
New Jersey will questions
Does a will need to be notarized in New Jersey?
No. Two witnesses make a New Jersey will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in New Jersey?
Signature and material portions in the testator's handwriting, witnessed or not (N.J.S.A. 3B:3-2(b)).
Can a beneficiary witness a will in New Jersey?
No effect: a will or provision is not invalid because an interested witness signed it (N.J.S.A. 3B:3-8).
Can I make a will online in New Jersey?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. New Jersey doesn't allow electronic wills, so the will must be signed on paper.
Does New Jersey have an estate or inheritance tax?
New Jersey has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
Last reviewed October 24, 2026 against New Jersey statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a New Jersey attorney.
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