Simple Will - New Jersey

LAST WILL AND TESTAMENT

of
[TESTATOR’S FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header and Preliminary Declarations
2. Definitions
3. Revocation of Prior Instruments
4. Appointment of Personal Representative (Executor)

5. Disposition of Property
   5.1 Tangible Personal Property
   5.2 Specific Bequests
   5.3 Residuary Estate

6. Guardianship of Minor Children

7. Administrative & Fiduciary Powers
8. Construction and Proceedings
9. Miscellaneous Provisions
10. Execution, Witness Attestation & Self-Proving Affidavit

1. DOCUMENT HEADER AND PRELIMINARY DECLARATIONS

1.1 Identification. I, [TESTATOR’S FULL LEGAL NAME], presently residing at [STREET ADDRESS, MUNICIPALITY, COUNTY, STATE OF NEW JERSEY] (“Testator”), being of sound mind and at least eighteen (18) years of age, hereby declare this instrument to be my Last Will and Testament (“Will”).

1.2 Governing Law. This Will is executed pursuant to and shall be construed in accordance with the probate laws of the State of New Jersey, including but not limited to N.J.S.A. 3B:3-1 (testamentary capacity) and N.J.S.A. 3B:3-2 (execution requirements).

1.3 Consideration. This Will is made in contemplation of the orderly disposition of my estate and to avoid intestacy.

2. DEFINITIONS

For purposes of this Will, capitalized terms have the meanings set forth below:

“Assistant Executor” means the individual(s) named in Section 4.2.
“Estate” means all property passing under this Will, wherever situated, including any augmentations thereto.
“Executor” means the Personal Representative appointed in Section 4.1.
“Issue” means lineal descendants of all degrees, whether by blood or legal adoption.
“NJ Probate Court” means the Surrogate’s Court of the county of the Testator’s domicile for routine probate matters (N.J.S.A. 3B:2-3), or, if contested, the Superior Court of New Jersey, Chancery Division, Probate Part (N.J.S.A. 3B:2-2).
“Personal Property Memorandum” means a separate writing disposing of tangible personal property pursuant to N.J.S.A. 3B:3-11.

3. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills and codicils executed by me, pursuant to N.J.S.A. 3B:3-13.

4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 Primary Executor. I appoint [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Executor of my Estate.

4.2 Successor Executor. If the individual named in Section 4.1 is unable or unwilling to serve, I appoint [ALTERNATE EXECUTOR NAME], currently residing at [ADDRESS], as Successor Executor.

4.3 Bond Request. I request that no Executor be required to furnish bond or other security, except to the extent required by applicable law or court order.

4.4 Fiduciary Duties. Nothing in this Will is intended to excuse an Executor from duties or liability imposed by applicable law.

5. DISPOSITION OF PROPERTY

5.1 Tangible Personal Property

I give items of tangible personal property, other than money and property otherwise specifically disposed of by this Will, in accordance with any Personal Property Memorandum that satisfies N.J.S.A. 3B:3-11. The memorandum must be in my handwriting or signed by me and must describe the items and devisees with reasonable certainty. Any remaining tangible personal property passes to [BENEFICIARY NAME OR CLASS].

5.2 Specific Bequests

A. Cash Gift. I give the sum of $[AMOUNT] to [BENEFICIARY NAME].
B. Real Property. I devise my real property located at [ADDRESS OR LEGAL DESCRIPTION] to [BENEFICIARY NAME], subject to all encumbrances of record.

5.3 Residuary Estate

The rest, residue, and remainder of my Estate (“Residuary Estate”) I give, devise, and bequeath to [PRIMARY RESIDUARY BENEFICIARY].
If [PRIMARY RESIDUARY BENEFICIARY] shall fail to survive me, the Residuary Estate shall pass to [CONTINGENT BENEFICIARY] in equal shares, per stirpes.

6. GUARDIANSHIP OF MINOR CHILDREN

If at my death I am the parent of a minor child, I nominate [PRIMARY GUARDIAN NAME] as Guardian of the person and property of such minor, pursuant to N.J.S.A. 3B:3-1 and N.J.S.A. 3B:12-15. If [PRIMARY GUARDIAN NAME] is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME]. This nomination shall be given substantial weight by the NJ Probate Court but remains subject to the court's determination of the minor's best interests.

7. ADMINISTRATIVE & FIDUCIARY POWERS

7.1 Powers Granted. In addition to the statutory powers conferred upon fiduciaries under N.J.S.A. 3B:14-23, I grant my Executor all powers allowable to a fiduciary, including but not limited to: sell, lease, exchange, manage, invest, settle claims, and distribute assets in cash or in kind without court order.

7.2 Debts and Expenses. My Executor shall pay legally enforceable debts and proper administration expenses as provided by applicable law. N.J.S.A. 3B:24-4 supplies default tax-apportionment rules absent a contrary direction; New Jersey counsel must add any contrary tax direction only after coordinating this Will with nonprobate transfers and beneficiary designations.

7.3 Survivorship. Except where this Will expressly provides otherwise, a beneficiary who is not established by clear and convincing evidence to have survived me by 120 hours is deemed to have predeceased me, consistent with N.J.S.A. 3B:3-32.

8. CONSTRUCTION AND PROCEEDINGS

Questions concerning probate, construction, or administration shall be presented to the court or surrogate having authority under applicable New Jersey law and the Rules of Court. This Will does not create a private arbitration agreement, jury waiver, liability cap, or special injunctive-remedy standard.

9. MISCELLANEOUS PROVISIONS

9.1 Severability. If any provision of this Will is determined to be unenforceable, the remaining provisions shall remain in full force.

9.2 Headings. Section headings are for convenience only and do not affect interpretation.

9.3 Digital Assets. If I have not given a controlling contrary direction through an online tool, I consent under N.J.S.A. 3B:14-61.4 to disclosure to my Executor of my digital assets, including the content of electronic communications sent or received by me. Disclosure remains subject to N.J.S.A. 3B:14-61.7, 3B:14-61.8, federal law, lawful custodian requirements, and any court order.

9.4 Integration. This Will, together with any duly-executed codicils and any Personal Property Memorandum, constitutes my entire testamentary plan.

9.5 Execution Method. This Will should be signed as one complete instrument using the execution and self-proof ceremony below. Do not substitute a scanned or electronic signature for the signing required by N.J.S.A. 3B:3-2 without advice from New Jersey counsel based on then-current law.

10. EXECUTION, WITNESS ATTESTATION & SELF-PROVING AFFIDAVIT

10.1 Testator’s Signature

IN WITNESS WHEREOF, I, [TESTATOR’S FULL LEGAL NAME], sign my name to this Will on this ___ day of __________, 20__, at ______________, New Jersey.

__________________________________
[TESTATOR’S SIGNATURE]

10.2 Witness Attestation

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], hereby attest that:
(a) The Testator signed or acknowledged this Will in our presence;
(b) The Testator declared this instrument to be his/her Last Will and Testament;
(c) Each of us signs within a reasonable time after witnessing the Testator's signing or acknowledgment, as provided by N.J.S.A. 3B:3-2;
(d) Each of us is generally competent to act as a witness.

Executed on the ___ day of __________, 20__, at ______________, New Jersey.

10.3 Self-Proving Affidavit

This Will is made self-proved pursuant to N.J.S.A. 3B:3-4, by the acknowledgment of the Testator and the affidavits of the witnesses, each made before an officer authorized to take acknowledgments and proofs of instruments entitled to be recorded under the laws of New Jersey, in substantially the following form:

I, [TESTATOR’S FULL LEGAL NAME], the testator, sign my name to this instrument this ___ day of __________, 20__, and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

__________________________________
[TESTATOR’S SIGNATURE]

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator’s last will and that the testator signs it willingly (or willingly directs another to sign for him or her), and that each of us, in the presence and hearing of the testator, hereby signs this Will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

__________________________________
[WITNESS #1 SIGNATURE]

__________________________________
[WITNESS #2 SIGNATURE]

State of New Jersey )
County of __________ ) ss.:

Subscribed, sworn to, and acknowledged before me by [TESTATOR’S NAME], the testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________, 20__.

__________________________________
Notary Public / Officer Authorized Pursuant to R.S. 46:14-6.1, State of New Jersey
My Commission Expires: __________

[Seal]

END OF DOCUMENT