How to Make a Valid Will in New Jersey
What New Jersey law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person 18 or older who is of sound mind may make a will. A standard will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, at their direction and in their presence), and signed by at least 2 people who each witnessed the signing or the… N.J.S. 3B:3-1, 3B:3-2(a)
| Requirements for a valid will | Any person 18 or older who is of sound mind may make a will. A standard will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, at their direction and in their presence), and signed by at least 2 people who each witnessed the signing or the will-maker's acknowledgment of the signature or of the will. Re-verified 2026-10-27. Source: N.J.S. 3B:3-1, 3B:3-2(a) |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witness rules is still valid as a writing intended as a will if the signature and the material portions of the document are in the will-maker's handwriting, whether or not it was witnessed. Extrinsic evidence may be used to show the person intended the document to be a will. Re-verified 2026-10-27. Source: N.J.S. 3B:3-2(b), (c) |
| Self-proving affidavit | A will can be signed, witnessed and made self-proved at the same time: the will-maker acknowledges the will and the witnesses sign affidavits before an officer authorized to take acknowledgments in New Jersey (listed in R.S. 46:14-6.1), using the form wording in the statute. Authorized officers are listed in R.S. 46:14-6.1. Re-verified 2026-10-27. Source: N.J.S. 3B:3-4 |
More New Jersey estate law
- Medical Power of Attorney in New Jersey
- Small Estate Affidavit in New Jersey
- Power of Attorney in New Jersey
- Quitclaim Deeds and Transferring Property in New Jersey
- Who Inherits If You Die Without a Will in New Jersey
- How Probate Works in New Jersey
- Living Wills and Advance Directives in New Jersey
- Revocable Living Trusts in New Jersey
- Executor Duties in New Jersey
- Letters Testamentary in New Jersey
- Affidavit of Heirship in New Jersey
- How to Avoid Probate in New Jersey
- Transferring a Car After Someone Dies in New Jersey
- All New Jersey wills, probate and estate rules
FAQ
What makes a will valid in New Jersey?
Any person 18 or older who is of sound mind may make a will. A standard will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, at their direction and in their presence), and signed by at least 2 people who each witnessed the signing or the will-maker's acknowledgment of the signature or of the will.
Is a handwritten will valid in New Jersey?
Yes. A will that does not meet the witness rules is still valid as a writing intended as a will if the signature and the material portions of the document are in the will-maker's handwriting, whether or not it was witnessed. Extrinsic evidence may be used to show the person intended the document to be a will.
Does a will need to be notarized in New Jersey?
A will can be signed, witnessed and made self-proved at the same time: the will-maker acknowledges the will and the witnesses sign affidavits before an officer authorized to take acknowledgments in New Jersey (listed in R.S. 46:14-6.1), using the form wording in the statute.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.