Monmouth County Estate Planning Attorney Christine Matus Explains Whether You Need a Lawyer to Make a Will in New Jersey

RED BANK, NJ - New Jersey law does not require individuals to hire a lawyer to create a valid will, but working with an attorney can help avoid costly mistakes that may invalidate the document during probate. Monmouth County estate planning attorney Christine Matus of The Matus Law Group (https://matuslaw.com/do-you-need-a-lawyer-to-make-a-will-in-new-jersey/) is providing guidance on the legal requirements for a valid New Jersey will and the situations where professional legal help is most valuable.

According to Monmouth County estate planning attorney Christine Matus, a valid will under N.J.S.A. 3B:3-2 must be in writing, signed by the testator, and witnessed by two individuals who observed the signing or heard the testator acknowledge the signature. New Jersey also recognizes holographic wills written in the testator's own handwriting, which do not require witnesses but are more likely to face challenges during probate. "Missing even one requirement can give someone grounds to challenge the document in court," Matus explains.

Monmouth County estate planning attorney Christine Matus notes that while New Jersey does not require notarization, making a will self-proving through a notarized affidavit can significantly simplify probate. Under N.J.S.A. 3B:3-4, when the testator and witnesses sign a self-proving affidavit before a notary, the Surrogate's Court can accept the will without needing to locate and verify the witnesses. Without a self-proving affidavit, the Surrogate must confirm the will's authenticity by contacting at least one of the original witnesses, which can delay probate considerably.

The Matus Law Group emphasizes that certain situations make working with an attorney a much safer choice. Blended families, estranged relatives, large estates with property in multiple states, business ownership, and families with members receiving government benefits often require more careful estate planning. Leaving assets directly to someone who receives Medicaid or Supplemental Security Income (SSI) can disqualify them from those programs, which is why a special needs trust within the estate plan is often necessary.

Attorney Matus highlights several common mistakes that can invalidate a will. Failing to have two witnesses present at signing, using vague or ambiguous language, omitting a self-proving affidavit, failing to update the will after major life events, leaving out a spouse who can claim an elective share under New Jersey law, and not accounting for digital assets are all frequent issues. A will can also be challenged on grounds of undue influence or lack of testamentary capacity at the time of signing.

The firm also explains the consequences of dying without a will, known as dying intestate. Under N.J.S.A. 3B:5-3, the New Jersey intestacy statutes determine how assets are distributed in a fixed order of priority that may not match what the deceased would have chosen. Without a will, individuals also cannot name a guardian for minor children, designate an executor, create trusts for beneficiaries, or make charitable gifts.

"Documenting capacity at the time of signing, either through an attorney's notes or a physician's evaluation, can be a valuable safeguard," Matus adds. "Undue influence is one of the most common grounds for will contests, particularly when a person in a position of trust may face allegations of influencing the testator's decisions." Reviewing a will every three to five years and after any major life event helps keep the document aligned with current wishes and family circumstances.

For New Jersey residents considering whether to create a will independently or with legal assistance, the cost of professional guidance upfront is typically far less than the cost of probate litigation later. Those with blended families, business interests, special needs planning concerns, or property in multiple states are encouraged to consult with an estate planning attorney to ensure the document holds up at the Surrogate's Court.

About The Matus Law Group:

The Matus Law Group is a New Jersey-based law firm focused on estate planning, wills, trusts, and special needs planning. Led by attorney Christine Matus, the firm represents families throughout Monmouth County, Ocean County, and the broader state of New Jersey. For consultations, call (732) 785-4453.

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