Estate plan
New Jersey
Everything to plan your estate in New Jersey: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
N
Healthcare Dir.
2W
E-will
Not adopted
RON
Limited
Since 2021, not all documents
ROW
Not allowed
Remote online witnessing
Community property
No
Minimum age
18
Will
N.J. Stat. §3B:3-1 et seq.
Witnesses: 2 required
Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in New Jersey
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Witnesses: None required
No witnesses required for power of attorney
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
N.J. Stat. §26:2H-53 et seq.
Witnesses: 2 required, or notary
New Jersey accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
Acknowledged before a notary public. N.J. Stat. §26:2H-56
State-specific notes
ViewWitness disqualification recital
6 more documents with Will.com Plus
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
In this state: New Jersey requires the board-approved Appointment of Agent to Control the Funeral and Disposition of Remains; we render the designation in the recognized format. (N.J. Stat. § 45:27-22)
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
In this state: Cites N.J.S.A. 30:4-24.3 (mental-health) and 26:5C-5 through 26:5C-14 (HIV/AIDS).
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
Electronic will status
New Jersey has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Digital assets access
New Jersey has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
New Jersey authorized RON in 2021.
Will
Not allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
New Jersey does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
Last reviewed: May 11, 2026.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in New Jersey for guidance specific to your situation.