Here’s something that might shock you: New Jersey is still stuck in estate planning’s stone age. While other states have modernized with electronic wills, the Garden State introduced the Uniform Electronic Wills Act in 2022 crafted by the Uniform Law Commission, but it’s been sitting in committee limbo ever since, with no clear path to becoming law.
But here’s what should motivate you to stop procrastinating: without a will, New Jersey’s government decides who gets your stuff. And bureaucrats don’t know that you wanted your Jersey Shore beach house to go to your ocean-loving nephew, not your daughter who gets seasick watching Titanic.
Right now, you’re stuck with New Jersey’s traditional will requirements—pen, paper, and witnesses. But creating a will puts you in control and gives your family clarity instead of legal chaos.
New Jersey Will Laws (What You Need to Know)
New Jersey’s will requirements are currently traditional, but change is coming. The state introduced the Uniform Electronic Wills Act in June 2022, which would allow fully digital wills once passed into law.
Until then, New Jersey residents can create wills online but must print and sign them on paper with wet ink signatures.
What This Actually Costs
Here’s the honest money breakdown:
- Traditional attorney route: $300 to $1,000 for simple estates (can reach thousands for complex ones)
- Online platforms: Around $200 for comprehensive packages
- DIY approach: Cheapest upfront, risky if you mess up legal requirements
Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal handling.
New Jersey Will Requirements (The Make-or-Break Rules)
Your will must satisfy these requirements or it becomes worthless paper:
Current Requirements
✓ Must have intent to use document as your Last Will and Testament
✓ Must be in writing (typing counts
✓ Must be signed by you (the testator)✓ Minimum of two witnesses must watch you sign and sign themselves
✓ Must be printed on paper with original wet ink signatures
Coming Electronic Will Features (When Law Passes)
✓ Can be created and stored completely digitally
✓ Electronic signatures accepted
✓ Remote witnessing via video conferencing
✓ No paper required
Can You Create Your Own Will? (Yes, But Be Smart)
New Jersey allows you to create your own will, including handwritten (holographic) wills that don’t need witnesses if entirely in your handwriting.
But here’s what most people don’t realize: one unclear sentence or missing legal requirement can leave your family dealing with probate complications when you’re not around to clarify your intentions.
If you’re going DIY, use a reliable online platform designed by attorneys who know New Jersey’s specific rules. Don’t wing it.
Do You Need a Lawyer? (Usually Not)
New Jersey doesn’t require attorneys for will creation. You might want one if:
- Your estate is particularly complex
- You have strained family dynamics
- You need sophisticated tax planning
- You want advanced trust structures
For most families with straightforward wishes, online will creation handles everything at a fraction of attorney costs.
Step-by-Step New Jersey Will Creation (Current Process)
Here’s the process that actually works right now:
- Choose a reputable online platform
- Draft your will including personal info, assets, debts, executor, and guardians
- Designate beneficiaries and outline asset distribution
- Review and revise carefully for accuracy
- Print the will on paper
- Sign and witness – gather witnesses and sign, then have witnesses attest to your identity and intent
- Add notarization (optional but recommended)
- Upload digital copy to a secure platform
Coming Soon: Electronic Will Process
Once the Electronic Wills Act passes, the process will be:
- Review and revise your existing will online
- E-sign with witnesses using video conferencing
- Use remote notary services
- Store digitally – no paper required
Notarization: Not Required But Smart
New Jersey doesn’t require notarization, but it’s cheap insurance. Here’s why:
- Without notary: Probate court may need witness testimony to validate your will
- With notary: Your will becomes “self-proving” and moves through probate faster
New Jersey Witness Requirements
Your witnesses must be:
- At least 18 years old
- Mentally competent
- Present when you sign
- Able to sign within a “reasonable time” after your signing
Important: New Jersey allows beneficiaries to serve as witnesses, but this creates potential conflicts. Use neutral parties to reduce the risk of legal challenges.
Handwritten Wills in New Jersey (Legal But Risky)
New Jersey recognizes completely handwritten wills that don’t need witnesses, but here’s the problem: they’re harder to prove authentic and more likely to be challenged in court.
Why risk family disputes when online tools are affordable and legally robust?
What Goes in Your New Jersey Will
Your will should address:
- Personal information and asset/debt list
- Beneficiary designations
- Asset distribution instructions
- Executor appointment
- Guardian selection for minor children
- Final arrangements – burial, cremation, etc.
- Personal messages to loved ones
Common New Jersey Will Mistakes
Legal Requirements
- Creating a digital-only will before electronic wills law passes
- Not printing with wet ink signatures
- Missing proper witness signatures
Witness Problems
- Using beneficiaries as witnesses
- Witnesses not present at signing
- Witnesses signing too late
Content Mistakes
- Vague or confusing language
- Missing executor or guardian
- Incorrect contact info for beneficiaries
Storage Issues
- Family can’t find the will
- No backup copies
- Poor document organization
The Coming New Jersey Advantage
Once the Electronic Wills Act passes, New Jersey residents will benefit from:
- Full electronic will recognition
- Remote witnessing
- Digital signature acceptance
- No paper requirements
- Modern, streamlined estate planning
Why New Jersey Is Getting This Right
New Jersey recognized that modern families need modern tools. The proposed Electronic Wills Act would:
- Enable complete digital estate planning
- Support remote execution
- Improve security
- Make estate planning more affordable and accessible
Take Action Today
Every day without a will is a day your family’s future depends on New Jersey’s default inheritance laws instead of your personal wishes.
Don’t wait for the electronic wills law to pass. Create your will online now and print it. Once the law changes, you can easily update and digitize it.
Get Started Now
Whether you create a traditional will today or wait for electronic options, the key is following New Jersey’s requirements. Your loved ones will thank you for taking 30 minutes to protect their future.
This information is educational only and not legal advice. Complex situations may require professional legal guidance.