Legal Question in Wills and Trusts in New Jersey

Does a testator need to have a codicil notarized if he prepared it himself without an attorney?


Asked on 5/02/13, 4:09 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Only if he wants it to be valid and effective. A codicil has to be signed, witnessed, acknowledged and notarized with the same formality as does a will.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 5/02/13, 4:56 pm
Walter LeVine Walter D. LeVine, Esq.

Miriam is not quite accurate. The purpose of notarization, using the required forms, is to make the Will and/or Codicil "self-proving". That term means that the document will automatically be accepted for probate without someone who witnessed the signing of the document going to the Surrogate's Office and verifying that all requirements for the signing and witnessing of a Will and/or Codicil were done in accordance with NJ law. Further, specific language must be used to met the self-proving requirement. If the proper language is not used, the document could be rejected for probate. If rejected, or if there is no available witness, a Court procedure may be required to have the document approved for probate. Bottom Line: Best to be safe than sorry. Spend a few dollars more, use a lawyer familiar with the rules and requirements. The money spent may save time and considerable costs down the road and make things simple and easier when the time comes.

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Answered on 5/03/13, 8:32 am


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