What does a New Jersey will require?

A writing, signed by the testator or in the testator's name by another individual in the testator's conscious presence and at the testator's direction, and signed by at least two individuals who each witnessed the signing or the testator's acknowledgment (N.J.S.A. 3B:3-2(a)); a writing intended as a will is valid without witnesses if the signature and material portions are in the testator's handwriting (N.J.S.A. 3B:3-2(b)). A will may be made self-proved by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to take acknowledgments, in the form the statute sets out (N.J.S.A. 3B:3-4).

What does a New Jersey revocable trust require?

A written instrument, declaration or exercise of a power (N.J.S.A. 3B:31-18); capacity, an intention to create the trust, a definite beneficiary, duties for the trustee, and that the same person not be the sole trustee and sole beneficiary (N.J.S.A. 3B:31-19). Under an instrument executed on or after July 17, 2016, the settlor may revoke or amend the trust unless its terms expressly provide that it is irrevocable or clear and convincing evidence proves that intent (N.J.S.A. 3B:31-43(a)); while the trust is revocable the trustee's duties are owed exclusively to the settlor (N.J.S.A. 3B:31-44).

Which one controls after death?

Each controls what it holds: the trust's terms govern property titled to the trustee; the will governs the probate estate. A contest of a trust that was revocable at the settlor's death is commenced within the earlier of three years after the death or four months (a New Jersey resident) or six months (a nonresident) after the trustee sent the person a copy of the instrument and the statute's notice (N.J.S.A. 3B:31-45(a)); a person aggrieved by the probate of a will moves to set it aside within four months, or six months where the person resided outside the State (R. 4:85-1); and the surviving spouse or partner elects the one-third elective share by complaint within six months after the personal representative's appointment (N.J.S.A. 3B:8-1; N.J.S.A. 3B:8-12).

New Jersey Will vs. Revocable Living Trust: How They Compare

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New Jersey will vs. revocable living Trust, at a glance

What matters	New Jersey will	Revocable living Trust
When it takes effect	Only at death	During life and at death
New Jersey probate	Generally required to take effect	Generally avoided for assets the Trust owns
Privacy	Becomes a public court record	Stays private
If you become incapacitated	Doesn't help — a will operates only at death	A successor Trustee can manage assets for you
Protection from your creditors	No	No — a revocable Trust is not asset protection

Many New Jersey plans use both

A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.

Which is right for you in New Jersey?

There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a New Jersey attorney can recommend what fits your situation.

General information about New Jersey law, not legal advice.

Frequently asked questions

What does a New Jersey will require?: A writing, signed by the testator or in the testator's name by another individual in the testator's conscious presence and at the testator's direction, and signed by at least two individuals who each witnessed the signing or the testator's acknowledgment (N.J.S.A. 3B:3-2(a)); a writing intended as a will is valid without witnesses if the signature and material portions are in the testator's handwriting (N.J.S.A. 3B:3-2(b)). A will may be made self-proved by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to take acknowledgments, in the form the statute sets out (N.J.S.A. 3B:3-4).
What does a New Jersey revocable trust require?: A written instrument, declaration or exercise of a power (N.J.S.A. 3B:31-18); capacity, an intention to create the trust, a definite beneficiary, duties for the trustee, and that the same person not be the sole trustee and sole beneficiary (N.J.S.A. 3B:31-19). Under an instrument executed on or after July 17, 2016, the settlor may revoke or amend the trust unless its terms expressly provide that it is irrevocable or clear and convincing evidence proves that intent (N.J.S.A. 3B:31-43(a)); while the trust is revocable the trustee's duties are owed exclusively to the settlor (N.J.S.A. 3B:31-44).
Which one controls after death?: Each controls what it holds: the trust's terms govern property titled to the trustee; the will governs the probate estate. A contest of a trust that was revocable at the settlor's death is commenced within the earlier of three years after the death or four months (a New Jersey resident) or six months (a nonresident) after the trustee sent the person a copy of the instrument and the statute's notice (N.J.S.A. 3B:31-45(a)); a person aggrieved by the probate of a will moves to set it aside within four months, or six months where the person resided outside the State (R. 4:85-1); and the surviving spouse or partner elects the one-third elective share by complaint within six months after the personal representative's appointment (N.J.S.A. 3B:8-1; N.J.S.A. 3B:8-12).

General information about New Jersey law, not legal advice.