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New Jersey law

Estate Planning Laws in New Jersey.

New Jersey probate law is administered primarily by the County Surrogate (initial administration and informal probate) with contested matters in the Superior Court Chancery Division, Probate Part. New Jersey has NOT adopted the Uniform Probate Code. Holographic wills are recognized under N.J.S.A. 3B:3-2(b). New Jersey recently eliminated its Estate Tax (2018) but retains an Inheritance Tax (Class A = spouse/children exempt; Class C & D pay taxes). New Jersey has a detailed Elective Share for surviving spouses. New Jersey's Prudent Investor Act and Uniform Trust Code govern trust administration.

Last verified: 2026-04-17

State law

Key New Jersey Statutes

Execution of WillsN.J.S.A. 3B:3-2

A will must be in writing, signed by the testator (or another at the testator's direction in the testator's conscious presence), and signed by at least 2 witnesses within a reasonable time after witnessing the signing.

Holographic WillsN.J.S.A. 3B:3-2(b)

A will is valid as a holographic will if the signature and material portions are in the testator's handwriting, even without witnesses.

County SurrogateN.J.S.A. 3B:2-1 et seq.

Each New Jersey county elects a Surrogate who serves as the initial probate jurisdiction, conducts uncontested probate, and admits wills. Contested matters proceed in the Superior Court Chancery Division, Probate Part.

Uniform Trust CodeN.J.S.A. 3B:31-1 et seq.

New Jersey adopted the Uniform Trust Code effective July 2016. Governs creation, administration, modification, and termination of trusts.

Estate Tax — Eliminated (2018)N.J.S.A. 54:38-1 (repealed as to decedents dying on or after Jan. 1, 2018)

New Jersey repealed the Estate Tax effective January 1, 2018. The Inheritance Tax remains.

Inheritance TaxN.J.S.A. 54:34-1 et seq.

Class A transferees (spouse, civil union partner, domestic partner, parents, grandparents, children, stepchildren, grandchildren) are exempt. Class C (siblings, in-laws): 11%-16%. Class D (all others): 15%-16%. No tax on estates under $500.

Spousal Elective ShareN.J.S.A. 3B:8-1

A surviving spouse may elect one-third of the augmented estate against the will.

Advance Directive — Living Will and ProxyN.J.S.A. 26:2H-53 et seq.

Authorizes advance directives including living wills and health care proxies. Specific execution formalities required.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.

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