Are You Required to Register a Will in New Jersey?
Are you preparing to draft a will? You may be wondering: Are you required to register your will in New Jersey? The short answer is “no”—though the state does allow you to register your will and there can be some benefits to doing so. Here, our Monmouth County estate planning attorney explains the key things to know about will registration in New Jersey.
You are Not Required to Register Your Will in New Jersey
In New Jersey, you do not have to register your will. Indeed, there is no need to “file” when you create your will. Indeed, many people choose to keep their wills private until needed. Whether or not your will is registered with the State of New Jersey, safe storage is a must. Ensure your executor knows where to find your will when the time comes. You can opt to store a copy of your will with your New Jersey estate planning attorney.
The New Jersey Department of State Operates a Registry for Wills
Although you are not required to register your will, you have the right to do so. The New Jersey Department of State explains that “the Office of the Secretary of State maintains a Will Registry.” By paying a one-time fee of $10.00, you can register your will with the New Jersey Secretary of State. It costs $10.00 to retrieve a copy of the will from the registry.
Note: If you revise or revoke your will and you have registered the document with the state, be sure to notify the New Jersey Will Registry. You can avoid problems by getting the outdated document removed.
The Primary Benefit of Registering a Will: Reduce the Risk of a Dispute
The fee to register a will in New Jersey ($10.00) is not especially high. With that being said, you may be wondering why people bother going through the process of registering a will in New Jersey. The primary benefit is that registering a will can reduce the risk of disputes among potential heirs. It ensures that the will is easily locatable and recognized as the most recent and valid document. By having the will officially recorded, it provides clear evidence of the testator’s intentions. Whether or not you have registered your will, it is crucial that you make a proactive effort to ensure that all relevant people—your lawyer, close family members, your executor, etc—know where to find the document. You do not want any confusion to arise over your will.
Contact Our New Jersey Estate Planning Attorney Today
At Poulos LoPiccolo PC, we are a solutions-focused estate planning firm. If you have any questions or concerns about preparing your will, our attorney has the experience that you can trust. Contact us right away to arrange your fully confidential initial appointment. Our firm handles wills and other estate planning matters throughout New Jersey, including in Monmouth County, Middlesex County, Mercer County, and Ocean County.
Source:
nj.gov/state/dos-will-registry.shtml#:~:text=Registration%20is%20entirely%20voluntary%20and,Will%20Registry%20Form%20is%20%2410.00.
