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Does NJ require wills to be notarized

Edison, NJ |

Do i have to have my will notarized in NJ?

Attorney Answers 4

Posted

It is my understanding that NJ law is similar to FL law in that you do not NEED to notarize your will to make it legal. However, NJ lets you make your will "self-proving" and to do that, you DO need a notary to sign a self-proving affidavit. A self-proving will speeds up probate due to the fact that the court can accept the will without requiring an oath of the witness(es) who signed it.

You should also have a NJ attorney review the will to make sure that it meets all of NJ's specific requirements.

Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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Posted

I too beleive that in NJ law is similar to SC law in that you are not required to have a will notarize to make it legal. However, NJ (as well as SC) lets you make your will "self-proving" and to do that, you need a notary to sign a self-proving affidavit. A self-proving will can potentially speed up probate if the will in challenged.

You should have a NJ attorney review the will to make sure that it meets all of NJ's specific requirements. This should not be too expensive.

Mr. Twombley is licensed to practice law in South Carolina and Georgia. His phone number is 843-982-0100, his email address is Twombley@twlawfirm.com and his website is www.twlawfirm.com.

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Posted

My colleagues are correct. NJ does not require that a will be notarized for admission to probate, however, if properly executed and notarized there is no need to have any of the witnesses involved in the probate process. Formal execution requirements for wills can be tricky. Hopefully you will avail yourself of good legal counsel to ensure it is completed correctly.

This answer does not constitute legal advice. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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Posted

While it is not legally required it is a small step that can save big problems later on if your will were to be contested.

In New Jersey it is best to use a form known as a self proving affidavit and to have the document witnessed by two disinterested (not family members or anyone named in the document) persons and notarized.

I usually recommend clients go to their bank where witnesses are readily available and the notary service is usually free to customers.

Jim Schroeder is licensed to practice law in New Jersey and the District of Columbia. All information provided here is for educational purposes and does not create an attorney client relationship. Q&A on sites like Avvo are not designed to give specific legal advise but to educate legal consumers so they can be better prepared to work with any attorney they choose to retain. Information on this site by Mr. Schroeder is offered to that end.

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