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Revocable Living Trusts in New Jersey

How revocable living trusts work under New Jersey law and the other ways to pass property without probate.

Short answer: New Jersey adopted the Uniform Trust Code (N.J.S. 3B:31-1 and following). A trust can be created by transferring property to a trustee under a written instrument, by a written declaration that the owner holds property as trustee, or by written exercise of a power of appointment. N.J.S. 3B:31-18, 3B:31-43, 3B:31-44

Revocable living trustNew Jersey adopted the Uniform Trust Code (N.J.S. 3B:31-1 and following). A trust can be created by transferring property to a trustee under a written instrument, by a written declaration that the owner holds property as trustee, or by written exercise of a power of appointment. For trusts created after the code took effect, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable or there is clear and convincing evidence the settlor intended it to be irrevocable. While a trust is revocable, the trustee's duties are owed to the settlor. Only property titled in the trust avoids probate.
Re-verified 2026-10-27.
Source: N.J.S. 3B:31-18, 3B:31-43, 3B:31-44
Ways to avoid probateOptions include: transfer-on-death beneficiary designations for vehicles titled in New Jersey (N.J.S.A. 39:3-30.1b), so no letters of administration are needed to transfer the vehicle; revocable trusts (N.J.S. 3B:31-43); and, when there is no will, small estate affidavits filed with the county Surrogate: up to $50,000 in total assets for a surviving spouse, civil union or domestic partner, or up to $20,000 for an heir when there is no surviving spouse or partner (N.J.S. 3B:10-3, 3B:10-4).
Small estate limits: https://pub.njleg.gov/bills/2014/PL15/232_.PDF
Source: N.J.S.A. 39:3-30.1b; N.J.S. 3B:31-43, 3B:10-3, 3B:10-4

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FAQ

How do living trusts work in New Jersey?
New Jersey adopted the Uniform Trust Code (N.J.S. 3B:31-1 and following). A trust can be created by transferring property to a trustee under a written instrument, by a written declaration that the owner holds property as trustee, or by written exercise of a power of appointment. For trusts created after the code took effect, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable or there is clear and convincing evidence the settlor intended it to be irrevocable. While a trust is revocable, the trustee's duties are owed to the settlor. Only property titled in the trust avoids probate.
How can you avoid probate in New Jersey?
Options include: transfer-on-death beneficiary designations for vehicles titled in New Jersey (N.J.S.A. 39:3-30.1b), so no letters of administration are needed to transfer the vehicle; revocable trusts (N.J.S. 3B:31-43); and, when there is no will, small estate affidavits filed with the county Surrogate: up to $50,000 in total assets for a surviving spouse, civil union or domestic partner, or up to $20,000 for an heir when there is no surviving spouse or partner (N.J.S. 3B:10-3, 3B:10-4).

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.