Legal Question in Wills and Trusts in New Jersey
In NJ how many witnesses do I need and does the will have to be notarized?
4 Answers from Attorneys
A will requires 2 witnesses in NJ.
While it does not have to be notarized, it should have a 'self-prooving affidavit' which must be notarized....If not, the will cannot be admitted to probate without the witnesses signing a witness proof [since witnesses can move, die, etc., a self-prooving will is a good idea].
My advice...spend a little money and have the will prepared by a qualified attorney...your family and your beneficiaries will be glad you did.
Are you doing this yourself....????
You need 2 witnesses and should still have the document notarized
Odds are, unless you are using an approved form, there will be problems.
Unnecessary problems.
I provide this service for very low fee. If you are buying something at Staples, beware.
In New Jersey, as in most states, you need 2 witnesses. The witnesses should be 21 or older, should not be beneficiaries of the Will, and need to witness the Will signing by the testator in the presence of each other. This means all three should be in the same room at the same time witnessing each other sign.
The notarization is for the Self-proving provision. Self-proving Wills do not require a Witness to appear to be admitted to Probate.
Almost 70% of the people who die do not have a Will or Estate Plan. Even though it will cost you money to plan your estate (almost everyone needs more than an outright distribution or "simple" Will) you need a good tax and estate attorney.
I hope this helps!
Ron Cappuccio
856 665-2121
http://www,SaveYour Estate.com
I agree with the other authors and add that depending upon the size of your estate an attorney who specializes in NJ estates might be consulted to see if you need more than a Will, so death taxes can be eliminated or reduced. Contact me direcxtly if you need more information.;.