Estate Planning in New JerseyAttorney-Reviewed. 100% Online. Flat-Fee.
New Jersey eliminated its estate tax in 2018, but the inheritance tax remains — and the rules are complicated. Our NJ-licensed attorneys create your estate plan online, ensuring every document is valid and tax-optimized.
New Jersey Estate Planning Laws You Need to Know
NJ has distinct requirements that differ from neighboring states. Here's what matters for your estate plan.
No NJ Estate Tax (Since 2018)
New Jersey repealed its estate tax in 2018. However, NJ still has an inheritance tax — Class A (spouse, children, parents) are exempt; Class C (siblings) pay 11–16%; Class D (others) pay 15–16%. Planning around this is critical.
Will Requirements
NJ wills require 2 witnesses. Adding notarization makes the will "self-proving," which simplifies probate at the Surrogate Court. Our attorneys ensure full compliance with NJ execution requirements.
Elective Share Rights
New Jersey's elective share law entitles a surviving spouse to 1/3 of the augmented estate regardless of what the will says. Proper planning accounts for this right.
Durable Power of Attorney
NJ POAs must be signed, witnessed by 2 people, and acknowledged before a notary. A defective POA can leave your agent unable to act when you need them most.
Advance Directive (Living Will)
NJ law allows a combined advance directive for health care that handles both medical decisions and appointment of a proxy. NJ has specific witness requirements — at least one witness can't be a potential heir.
Small Estate Simplified Probate
Estates under $50,000 (or $10,000 for a sole heir) may qualify for simplified probate in NJ. A living trust avoids probate entirely regardless of estate size.
Estate Planning Services Available in New Jersey
All documents drafted to NJ specifications and reviewed by licensed NJ attorneys
Last Will & Testament
A valid NJ will with proper execution — 2 witnesses, optional self-proving notarization. Names guardians for minor children.
Revocable Living Trust
Avoid NJ Surrogate Court probate entirely. Keep your estate private and transfer assets directly to beneficiaries.
Durable Power of Attorney
A fully compliant NJ POA — signed, witnessed, and notarized. Protects you if you become incapacitated.
Advance Directive (Living Will)
NJ-compliant combined advance directive documenting your medical wishes and naming a healthcare proxy.
HIPAA Authorization
Ensures your designated loved ones can access medical information when decisions need to be made.
Pour-Over Will
Captures any assets outside your trust at death, ensuring everything flows to your trust beneficiaries.
New Jersey Estate Planning FAQ
Does New Jersey have an estate tax?
No. New Jersey repealed its estate tax in 2018. However, NJ still has an inheritance tax for most non-direct family members. Class A beneficiaries (spouse, children, parents, grandchildren) are exempt. Others pay 11–16%. A properly structured estate plan minimizes this exposure.
What happens if I die without a will in New Jersey?
NJ intestacy law controls your estate. The result may not match your wishes — your spouse may not inherit everything, especially if you have children from a prior relationship. NJ's elective share law also applies. A will gives you control.
Is a living trust worth it in New Jersey?
Yes — especially if you own real estate or have a blended family. A living trust bypasses NJ Surrogate Court probate (which can take 12–24 months for complex estates), keeps your assets private, and avoids court fees.
What is NJ's elective share law?
New Jersey law gives a surviving spouse the right to claim 1/3 of the augmented estate, even if the will says otherwise. This is designed to prevent a spouse from being disinherited. Proper planning accounts for this right, especially in second marriages.
How does NJ inheritance tax work?
The NJ inheritance tax depends on your relationship to the deceased. Class A (spouse, civil union partner, domestic partner, children, grandchildren, parents) are completely exempt. Class C (siblings, sons/daughters-in-law) pay 11–16%. Class D (everyone else) pays 15–16%. Gifts during lifetime and trust distributions may also be subject to tax.
How much does estate planning cost in New Jersey?
NJ estate planning attorneys typically charge $2,000–$6,000+ for a complete plan. Estate Done Right provides the same attorney-reviewed quality at a fraction of the cost with flat-fee pricing. See estatedoneright.ai/pricing.
New Jersey Estate Planning Resources
New Jersey Estate Planning Guide 2026
Complete guide to NJ wills, trusts, and inheritance tax planning.
Dying Without a Will in NJ: What Happens?
How NJ intestacy laws distribute your estate — and why you need a will.
Free: Estate Planning Checklist
Download our free checklist. Know exactly what documents your NJ estate plan needs.
Protect Your New Jersey Family Today
NJ-licensed attorney review. Flat-fee pricing. Completed in days, not months.