New Jersey Will and Trust Laws: Witnesses, Handwritten Wills (2026)

Under New Jersey law, any individual 18 or older and of sound mind may make a will (N.J.S.A. 3B:3-1), and the will must be in writing, signed by the testator, and signed by at least two witnesses (N.J.S.A. 3B:3-2(a)). New Jersey also accepts a handwritten will without witnesses when the signature and material portions are in the testator's handwriting, and its courts can treat an imperfectly signed document as a will on clear and convincing evidence of intent (3B:3-3). Living trusts are governed by New Jersey's Uniform Trust Code, chapter 31 of Title 3B.

New Jersey therefore has three routes to a valid will, set out below; how they compare with other states is on the wills and trusts laws by state hub. The flexibility has limits: New Jersey has no electronic-will statute, and its remote-notarization law leaves will records out.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Jersey statutes on making, signing, changing and revoking wills (N.J.S.A. Title 3B, chapters 1, 3 to 5, 7 and 8) and on revocable living trusts (the Uniform Trust Code, N.J.S.A. 3B:31). It does not cover what happens when someone dies without a will or how estates are administered (see New Jersey probate), small-estate procedures (see the New Jersey small estate affidavit page), powers of attorney (see New Jersey power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the New Jersey advance directive tool.

What makes a will valid in New Jersey?

Capacity comes from section 3B:3-1: "Any individual 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian."

The form of an ordinary witnessed (attested) will comes from section 3B:3-2(a):

"a. Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be: (1) in writing; (2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and at the testator's direction; and (3) signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will." (N.J.S.A. 3B:3-2(a))

Three points follow from that text:

• Writing and signature. The will must be written and signed. Someone else may sign the testator's name, but only in the testator's conscious presence and at the testator's direction.
• Two witnesses, and what they witness. Each witness must have seen either the signing or the testator's acknowledgment of the signature or of the will.
• When witnesses sign. Each witness signs "within a reasonable time after" witnessing. The section does not set a number of days.

Who can be a witness

Under section 3B:3-7, "Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof." A beneficiary can serve: section 3B:3-8 provides that "A will or any provision thereof is not invalid because the will is signed by an interested witness."

Wills signed in another state or country

Section 3B:3-9 provides that a written will is validly executed if it complies with 3B:3-2 or 3B:3-3, "or its execution was in compliance with the law of the place where it was executed, or with the law of the place where at the time of execution or at the time of death the testator was domiciled, had a place of abode or was a national."

Does a New Jersey will need to be notarized? The self-proving option

No notary is needed for a will to be valid. Section 3B:3-2 requires two witnesses and says nothing about a notary. Notarization enters only through the optional self-proving procedure.

Section 3B:3-4 provides that "Any will executed on or after September 1, 1978 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized pursuant to R.S.46:14-6.1 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State," in substantially the form the section sets out. Section 3B:3-5 allows the same thing later: a will executed under 3B:3-2 "may at any time subsequent to its execution be made self-proved" by the testator's acknowledgment and the witnesses' affidavits before such an officer, attached or annexed to the will.

So the testator acknowledges the will, and the two witnesses swear affidavits, each before the authorized officer, either at the signing or at any later time. The statutory acknowledgment and affidavit forms appear in those sections and are not reproduced here.

The difference shows at probate. Under section 3B:3-19, a will executed and acknowledged under 3B:3-4 or 3B:3-5 "may be admitted to probate by the surrogate without further affidavit, deposition or proof," while an ordinary witnessed will is admitted "upon the proof of one of the attesting witnesses or by some other individual having knowledge of the facts relating to the proper execution of the will." A writing intended as a will, such as a handwritten will, "may be admitted to probate only in the manner provided by the Rules Governing the Courts of the State of New Jersey." The rest of the probate process is covered on the New Jersey probate page.

Are handwritten (holographic) wills valid in New Jersey?

Yes. New Jersey's handwritten-will rule is in section 3B:3-2(b) and (c):

"b. A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. c. Intent that the document constitutes the testator's will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator's handwriting." (N.J.S.A. 3B:3-2(b)-(c))

Two requirements matter: the signature must be in the testator's handwriting, and so must the "material portions." The document does not have to be entirely handwritten, and evidence outside the document can show the testator meant it as a will.

When signing goes wrong: New Jersey's clear-and-convincing-evidence rule

New Jersey has a separate rule for documents that meet neither 3B:3-2(a) nor 3B:3-2(b). Section 3B:3-3 provides:

"Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.3B:3-2 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will." (N.J.S.A. 3B:3-3)

The burden is on the person offering the document, and the standard is clear and convincing evidence of the decedent's intent. The rule covers revocations, alterations and revivals as well as wills.

Are oral (nuncupative) wills valid?

No. Section 3B:3-2(a)(1) requires a will to be "in writing," and chapter 3B:3 contains no section that allows an oral will. Section 3B:3-9, which honors wills executed elsewhere, applies only to "a written will."

Electronic wills and remote witnessing

New Jersey has no electronic-will statute. Title 3B, chapters 1 through 8 and chapter 31, contains no provision for an electronic will or for witnessing a will by video, and section 3B:3-2 still requires a will in writing signed by two witnesses.

A bill would change that. The Uniform Electronic Wills Act was introduced in the 2026-2027 session as Senate Bill S1336 and, according to the Legislature's bill page, was introduced and referred to the Senate Judiciary Committee on January 13, 2026. As introduced, S1336 would take effect immediately and apply "to the will of a decedent who dies on or after the effective date." A pending bill is not law and does not change the signing rules above.

Remote notarization does not fill the gap. New Jersey's law on notarial acts by remotely located individuals, enacted as P.L.2021, c.179 (approved July 22, 2021) and codified at N.J.S.A. 52:7-10.10, provides in subsection (b):

"This section does not apply to a record to the extent it is governed by a law governing the creation and execution of wills or codicils, except that subsections e., f., g., and h. of this section shall apply to notarial acts performed on a tangible record that is governed by a law governing the creation or execution of wills and codicils." (N.J.S.A. 52:7-10.10(b))

That section governs notarial acts. It does not replace the two witnesses section 3B:3-2(a) requires. An earlier temporary law tied to the COVID-19 emergency, P.L.2020, c.26, also reached notarial acts only (see recent changes below).

Changing or revoking a New Jersey will

Revoking a will

Under section 3B:3-13, a will or any part of it is revoked:

• by executing a later will "that revokes the previous will or part expressly or by inconsistency"; or
• by a "revocatory act on the will," if the testator performed it "with the intent and for the purpose of revoking the will or part," or another individual performed it "in the testator's conscious presence and by the testator's direction."

The statute defines a revocatory act to include "burning, tearing canceling, obliterating or destroying the will or any part of it," and adds that a burn, tear or cancellation counts "whether or not the burn, tear, or cancellation touched any of the words on the will." A document intended as a revocation can also be given effect under the clear-and-convincing-evidence rule in 3B:3-3.

Reviving a revoked will

Section 3B:3-15(a) provides that, except as provided in 3B:3-14 and in subsections b., c. and d., "a revoked will or codicil shall not be revived except by reexecution or by a duly executed codicil expressing an intention to revive it."

Divorce and annulment

Section 3B:3-14 is New Jersey's divorce rule, and it reaches well beyond the will. Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate, a divorce or annulment:

• revokes any revocable disposition or appointment of property to the former spouse in a governing instrument, and any disposition or appointment to a relative of the former spouse;
• revokes any revocable provision giving the former spouse, or a relative of the former spouse, a general or special power of appointment;
• revokes any revocable nomination of the former spouse, or a relative of the former spouse, to serve in a fiduciary or representative capacity, such as executor or trustee; and
• severs property the former spouses held as joint tenants with right of survivorship or as tenants by the entireties, "transforming the interests of the former spouses into tenancies in common."

Several conditions limit the rule. For this section, "governing instrument" means one "executed by the divorced individual before the divorce or annulment," and "divorce or annulment" includes "a judgment of divorce from bed and board" (3B:3-14(b)). Revoked provisions take effect as if the former spouse and relatives disclaimed them, and a revoked nomination as if they died immediately before the divorce. Provisions revoked solely by this section "are revived by the divorced individual's remarriage to the former spouse or by the revocation, suspension or nullification of the divorce or annulment."

The rule is not limited to wills because of how Title 3B defines "governing instrument" in section 3B:1-1: "a deed, will, trust, insurance or annuity policy, account with the designation 'pay on death' (POD) or 'transfer on death' (TOD)," securities registered in beneficiary form, a "pension, profit-sharing, retirement or similar benefit plan," an instrument creating or exercising a power of appointment or a power of attorney, or a similar instrument. A revocable living trust and a revocable beneficiary designation signed before the divorce are therefore covered on the same conditions.

Federal law limits the designation part of this rule. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute that revokes a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub).

Marriage after the will

Under section 3B:5-15(a), if a testator's surviving spouse married the testator after the will was executed (or a domestic partner formed the partnership after it), the spouse or partner is entitled to "no less than the value of the share of the estate" he or she would have received if the testator had died intestate. That does not apply if the will was made in contemplation of the marriage or partnership, if the will says it is to be effective notwithstanding a later marriage or partnership, or if the testator provided for the spouse or partner outside the will and intended that transfer to replace a provision in the will. The section applies only to wills executed on or after September 1, 1978 (3B:5-15(c)).

Children born or adopted after the will

Section 3B:5-16 gives a child born or adopted after the will was executed, and not provided for in it, a share of the estate. If the testator had no child living when the will was signed, the omitted child receives the value of an intestate share, unless the will left all or substantially all of the estate to the child's other parent (or a trust primarily for that parent) who survives and takes under the will. If the testator had living children and the will made gifts to them, the omitted child shares only in those gifts, on equal terms. Neither rule applies if "it appears from the will that the omission was intentional" or if the testator provided for the child outside the will in lieu of a provision in it.

When a beneficiary dies first

Section 3B:3-35 is New Jersey's anti-lapse rule. If a devisee "who is a grandparent, stepchild or a lineal descendant of a grandparent of the decedent" is dead when the will is executed, fails to survive the decedent, or is treated as having predeceased, the devisee's descendants who survive the decedent by 120 hours take by representation in the devisee's place. The section defines a stepchild as "a child of the surviving, deceased or former spouse who is not a child of the decedent."

Limits on what a New Jersey will can do

Elective share. Under section 3B:8-1(a), when a married person, civil-union partner or domestic partner "dies domiciled in this State," the survivor "has a right of election to take an elective share of one-third of the augmented estate," unless "either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board." Section 3B:8-1(b), added by P.L.2023, c.238 (approved January 8, 2024), also excludes the individuals described in section 3B:5-3(d): a survivor who filed such a complaint, or against whom one was filed, that was not dismissed; a survivor who had entered into a validly executed equitable distribution cut-off agreement or termination agreement, or a marital settlement agreement with the decedent, concerning divorce, dissolution, termination or divorce from bed and board; and a survivor who, at the decedent's death, had ceased to cohabit with the decedent under circumstances that would have given rise to a cause of action for divorce or nullity of marriage, where a written agreement, affirmative acts or both had produced a division of assets equivalent to equitable distribution. Under section 3B:8-12, the election is made "by filing a complaint in the Superior Court within 6 months after the appointment of a personal representative of the decedent's estate," and the court may extend the time for good cause if asked before it expires.

Omitted spouse and child. Sections 3B:5-15 and 3B:5-16, described above, protect a spouse or partner who joined the family after the will and a child born or adopted after it.

No-contest clauses. Section 3B:3-47 provides: "A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings." The section speaks of "a provision in a will."

Intentional killing. Under section 3B:7-1.1, an individual responsible for the intentional killing of the decedent forfeits all benefits under Title 3B with respect to the estate, and the killing revokes revocable dispositions, powers of appointment and fiduciary nominations in favor of the killer or the killer's relatives in the decedent's governing instruments.

What a spouse and children receive when there is no will at all is explained on the New Jersey probate page.

Gifts of personal items by separate list

A New Jersey will may point to a separate list for tangible personal property. Under section 3B:3-11, a will "may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money." To be admissible, the writing "must be either in the handwriting of the testator or be signed by the testator and must describe the items and the devisees with reasonable certainty." It may be prepared before or after the will and altered later.

The New Jersey will registry

New Jersey keeps an optional registry of where wills are kept. Under section 3B:3-2.1, the Secretary of State maintains a registry in which a testator or the testator's attorney may record the testator's name, the date of the will and its location; "The registry shall not contain a copy of the will," and the fee is $10.00. Registration is not evidence in any proceeding, and failing to register "shall not be a factor in determining the validity of the will."

If someone holds a will that has not been offered for probate, section 3B:3-29 gives the Superior Court jurisdiction "to compel discovery as to the existence or whereabouts" of the paper and "to require the paper to be lodged with the surrogate of the county for probate," for a decedent who died a resident of the county.

Revocable living trusts in New Jersey

The trust code

New Jersey adopted the Uniform Trust Code as chapter 31 of Title 3B through P.L.2015, c.276, which was approved on January 19, 2016 and, by its own terms, took effect "on the 180th day following enactment." Section 3B:31-3 defines "revocable," as applied to a trust, as "revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Under section 3B:31-84(a), the code generally applies to all trusts "created before, on, or after its effective date," except as otherwise provided; one such exception is the revocability default described below.

Creating a trust: a writing is required

Every method of creating a trust listed in section 3B:31-18 is written:

"A trust may be created by: a. transfer of property under a written instrument to another person as trustee during the settlor's lifetime or by will or other written disposition taking effect upon the settlor's death; b. written declaration by the owner of property that the owner holds identifiable property as trustee; or c. written exercise of a power of appointment in favor of a trustee." (N.J.S.A. 3B:31-18)

Section 3B:31-19(a) adds the substantive requirements: the settlor has capacity; the settlor "indicates an intention to create the trust"; the trust has a definite beneficiary (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose); the trustee has duties to perform; and "the same person is not the sole trustee and sole beneficiary of all beneficial interests." Neither section adds a witness or notary requirement for a trust created during the settlor's lifetime.

Capacity

Under section 3B:31-42, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, with a date limit

Section 3B:31-43(a) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, or that it is proved by clear and convincing evidence that the settlor intended for it to be irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this act." A trust created under an instrument signed before the trust code took effect is not made revocable by this default.

Where more than one settlor creates or funds a revocable trust, section 3B:31-43(b) lets each settlor revoke or amend as to the portion attributable to that settlor's contribution; for community property, either spouse or civil-union partner may revoke alone, but amendment requires both.

How to revoke or amend a revocable trust

Under section 3B:31-43(c), the settlor may revoke or amend a revocable trust:

1. "by substantial compliance with a method provided in the terms of the trust"; or
2. if the trust provides no method, or its method is not expressly made exclusive, by "executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust," or by "any other writing manifesting clear and convincing evidence of the settlor's intent."

Creditors

Under section 3B:31-39(a)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." After the settlor's death, under 3B:31-39(a)(3), property of a trust that was revocable at death is subject to the settlor's creditors, the costs of administering the estate, funeral expenses, and a surviving spouse or civil-union partner and children, "to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses."

Certification of trust

A trustee does not have to hand the full trust instrument to a bank or title company. Under section 3B:31-81(a), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust," covering the trust's existence and date, the settlor, the acting trustee, the trustee's powers, revocability, co-trustee signing authority and the name in which title is taken. All acting trustees must sign it (3B:31-81(b)), and it need not contain the trust's dispositive terms (3B:31-81(d)). A person who relies on it "without knowledge that the representations contained therein are incorrect is not liable to any person for so acting" (3B:31-81(f)).

Keeping beneficiaries informed

Under section 3B:31-67(a)-(b), a trustee "shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust" and, on a beneficiary's request, "shall promptly furnish to the beneficiary a copy of the trust instrument."

Contesting a revocable trust after the settlor dies

Section 3B:31-45(a) sets the deadline:

"A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) Three years after the settlor's death; or (2) Four months, in the case of a resident, or six months, in the case of a nonresident, after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding." (N.J.S.A. 3B:31-45(a))

Under 3B:31-45(b), after the settlor's death the trustee may distribute the trust property according to its terms and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant notified the trustee in writing of a possible contest and the trustee then received written notice of a proceeding "commenced within 90 days after the contestant sent the notification."

Pour-over wills

New Jersey's pour-over rules are in the New Jersey Testamentary Additions to Trusts Law (3B:4-1). Under section 3B:4-2, a will "may validly devise property to the trustee of a trust" established during the testator's lifetime by the testator or another person (including a funded or unfunded life insurance trust), or established at death by the testator's devise, "if the trust is identified in the testator's will, and its terms are set forth in a written instrument, other than a will," executed before, with or after the will, or in the will of another individual who predeceased the testator, "regardless of the existence, size, or character of the corpus of the trust."

Under section 3B:4-3, the devise "shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death." Under section 3B:4-5, "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

New Jersey wills and trusts at a glance

Recent and pending changes

• Senate Bill S1336 (2026-2027 session). The Uniform Electronic Wills Act was introduced and referred to the Senate Judiciary Committee on January 13, 2026. It is not law.
• P.L.2023, c.238. This act, which states "This act shall take effect immediately," amended the elective-share section (3B:8-1) and the intentional-killing section (3B:7-1.1), among others. It added 3B:8-1(b), which excludes from the elective share the survivors described in 3B:5-3(d): those in a pending divorce or dissolution case filed by or against them, those with a cut-off, termination or marital settlement agreement, and those who had separated with an equivalent division of assets. The act was approved January 8, 2024.
• P.L.2021, c.179. New Jersey's remote-notarization law, approved July 22, 2021, excludes records governed by the wills law except for notarial acts on a tangible record (52:7-10.10(b)).
• P.L.2020, c.26 (temporary, emergency-era). Approved April 14, 2020, this law let notaries and officers authorized to take acknowledgments perform notarial acts for a remotely located individual by audio-video communication technology during the public health emergency and state of emergency declared in Executive Order 103 of 2020, with identity requirements and an audio-visual recording. Its exclusions named the Uniform Commercial Code and family law, not wills. By its own terms it "shall expire upon rescission of Executive Order No. 103 of 2020 by the Governor." It covered notarial acts only, such as the acknowledgment and affidavits that make a will self-proved; it did not let the two attesting witnesses that section 3B:3-2(a) requires take part by video.
• P.L.2015, c.276. The Uniform Trust Code (N.J.S.A. 3B:31), approved January 19, 2016, effective on the 180th day after enactment.

Making a will in practice

The site's free New Jersey will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 3B:3-2, and the self-proving procedure in 3B:3-4 is available at the same signing. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in New Jersey. The tool is not legal advice.

Members of the armed forces have a federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub).

Related pages

• Wills and trusts laws by state
• New Jersey probate
• New Jersey small estate affidavit
• New Jersey power of attorney laws

This article provides general legal information about New Jersey law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Jersey or the surrogate's office in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in New Jersey?

Two. Under N.J.S.A. 3B:3-2(a)(3), at least two individuals must sign the will, each within a reasonable time after witnessing the testator's signing or the testator's acknowledgment of the signature or the will. A will with the signature and material portions in the testator's handwriting is valid without witnesses under 3B:3-2(b).

Is a handwritten will valid in New Jersey?

Yes, if the signature and material portions of the document are in the testator's handwriting; it is valid whether or not witnessed (N.J.S.A. 3B:3-2(b)). Extrinsic evidence can show the testator intended the document as a will (3B:3-2(c)).

Does a will have to be notarized in New Jersey?

No. Section 3B:3-2 requires two witnesses and contains no notary requirement. An officer authorized to take acknowledgments under R.S. 46:14-6.1 is used only if the testator and witnesses choose to make the will self-proved under 3B:3-4 or 3B:3-5.

Are oral wills valid in New Jersey?

No. Section 3B:3-2(a)(1) requires a will to be in writing, and chapter 3B:3 contains no section allowing an oral (nuncupative) will.

Can I sign a will electronically in New Jersey?

Title 3B has no electronic-will provision. The Uniform Electronic Wills Act was introduced as S1336 on January 13, 2026 and referred to the Senate Judiciary Committee; it is not law. New Jersey's remote-notarization section, 52:7-10.10(b), excludes will records except for notarial acts performed on a tangible record.

What happens if a New Jersey will was not signed correctly?

Under N.J.S.A. 3B:3-3, a document not executed under 3B:3-2 is treated as if it had been if the proponent establishes by clear and convincing evidence that the decedent intended it to be the will, a revocation, an alteration or a revival.

Does divorce revoke a will in New Jersey?

Under N.J.S.A. 3B:3-14, divorce or annulment revokes revocable gifts, powers of appointment and fiduciary nominations for the former spouse (and the former spouse's relatives) in a will signed before the divorce, unless the will, a court order or a marital-estate contract provides otherwise. The same section reaches other governing instruments with conditions; see the divorce section above.

Can I disinherit my spouse in New Jersey?

A surviving spouse, civil-union partner or domestic partner of a person who dies domiciled in New Jersey may elect one-third of the augmented estate (N.J.S.A. 3B:8-1(a)). Section 3B:8-1 excludes some separating spouses and partners, including those in a pending divorce or dissolution case and those who signed a marital settlement agreement with the decedent; see the limits section above for the full list. The complaint must be filed in Superior Court within six months after a personal representative is appointed, extendable for good cause (3B:8-12).

Is a living trust revocable in New Jersey?

For a trust created under an instrument executed on or after the Uniform Trust Code's effective date, yes, unless the terms expressly make it irrevocable or clear and convincing evidence shows the settlor intended irrevocability (N.J.S.A. 3B:31-43(a)). That default does not apply to trusts created under earlier instruments.

How long do you have to contest a revocable trust in New Jersey?

Under N.J.S.A. 3B:31-45(a), within the earlier of three years after the settlor's death or four months (resident) or six months (nonresident) after the trustee sent the person a copy of the trust instrument and the notice that section describes.