Even when your time comes, you want to be absolutely sure that your closest people are protected legally and financially. For residents of New Jersey, it is the New Jersey last will and testament. For those who live in New Jersey and wish to prepare their last will, we offer a fillable form available for download on our website. Get started using our free last will and testament template in PDF format, but first, be sure to consider all essential aspects of making a will. Only a person of the legal age or older can draw up a last will and testament.
Even though writing a will is crucial for estate distribution, you can only address the lawyer if you want to resolve some controversial issues. In other cases, a properly completed last will – following the requirements of code section 3B:3-1, et seq. – will do. This juridical document is everything you need to rest assured that your legacy will live on even after you are no longer alive.
In contrast to an advance directive, also known as a living will, the last will takes over the management of your assets and guardianship of your children upon your demise. The instructions indicated in a living will come into effect when an individual is disabled or unable to make decisions due to geographical reasons. An advance directive ceases its power once you pass away while the last will takes effect after your demise.
So, let’s find out how one can make a New Jersey last will and testament and what steps they should take during this process.
How to Make a Will in New Jersey: The Full Guide
If you struggle with making a will entirely by yourself, our simple and straightforward free New Jersey last will and testament template is here to rescue you. It represents a printable version of such a legal paper, which you can quickly find online on our site and fill it out based on your personal demands and wishes.
Now, let’s figure out what you need to specify in every part of your last will and testament.
Make an Introduction
First of all, you need to clarify in the introduction section that you are drawing up a last will and testament. At this stage, specify your age, indicate your healthy mental state, and the fact that the will’s composition is of your own accord. It is highly advised to declare that the newest will you write (ensure it has the date on it) overrides the authority of previous testamentary documents or codicils under your name. The main benefit of using a virtual New Jersey will form lies in that most of the introductory details are already outlined. The only thing you have to do is enter pertinent and exact details.
Appoint the Executor
Then think about the person who can become a responsible executor of your last wish. This individual will manage your last will and testament and monitor the execution of the instructions given in it. Hence, it should be someone you trust with your life. However, it is important to discuss all the responsibilities associated with taking on this role. Optionally, you can allocate an alternate executor.
The executor’s job ends as soon as all beneficiaries confirm obtaining their share of the property. Bear in mind that the executor is obliged to file the will officially in the Probate Court.
List Inheritors or Beneficiaries
In the overwhelming number of cases, the decedent names their marital or domestic partner and kids as their legatees. Nonetheless, the last will lets you decide who to name as your inheritors. For instance, you can bequeath everything to a charity or your beloved household animals.
Select a Guardian for Your Kids
You may be the only one caregiver of your underage kids, so you might want to assign a reliable, trustworthy person as the official guardian of your minors and name this individual in your New Jersey last will and testament. The appointed trustee will look after your children and supervise their shares of your heritage until they are grown up. Remember that if you don’t select a guardian, the court will do it for you.
Distribute Your Belongings
The primary rule is to be realistic. Hence, evaluate your property, and then assign the successors a percentage of the inheritance. It is the part where you make specific wills. However, do not include joint estate, as it is exempted from allocation.
What If I Pass Away Without a Last Will
As it was mentioned before, the last will and testament grants you the fulfillment of your posthumous wishes, regardless of how “non-standard” they may seem. As long as you are of legal age and in your right mind, and at least a couple of witnesses are present during the creation of your will, it has a high chance to be validated. Keep in mind that the Probate Court won’t accept any oral but not documented will. When you die without a will, the state invokes intestacy laws used to control property division according to the state’s legal norms. Whenever these laws are applied, the next things might happen to your heritage:
- You might leave behind a surviving marital or domestic partner, but no children. In this situation, your spouse becomes a primary inheritor of all of your assets.
- If you leave behind kids and no significant other, your descendants will inherit all of your property.
- Nevertheless, when you are survived by offspring, a husband/wife, or a domestic partner, then your belongings are split among them.
Don’t you think it is time to think about and start creating a last will and testament? Feel free to use our comprehensive template of the last will and testament in New Jersey to help you out.