Does NJ require wills to be notarized

Asked almost 3 years ago - Edison, NJ

Do i have to have my will notarized in NJ?

Attorney answers (4)

  1. Peter Browne Garvey

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more
  2. James Edward Schroeder III

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  3. Jordan L. Donaldson

    Contributor Level 7

    1

    Lawyer agrees

    Answered . 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... more
  4. J. Ashley Twombley

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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... more

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