Legal Question in Wills and Trusts in New Jersey

No. The will just needs to comply with the applicable laws of the state to be valid.

No, but a Will needs to be signed and witnessed and notarized in the way that the state statute requires.

This sounds like part of a problem that you have. I have been handling all kinds of issues about Wills and inheritance for quite a while. Why don't you call me and tell me what your situation is?

Robert Davies, Esq. 201-820-3460

In NJ attorneys are automatically entitled to acknowledge signatures on documents, without being formal notary public people, who usually have a seal. Most documents that remain and are to be processed within NJ, like a Deed or a Will, can be acknowledged by an attorney, are valid and will be processed in NJ. The real difficulty is if the maker of the Will moves to another State and does not revise or update the Will to conform to the laws of the new jurisdiction in which it may be probated. Most states today have "self-proving" Wills, which have been witnessed and acknowledged or notarized. The real propblem is that the language used, plus the signature acknowledgement/notarization may differ from State to State and what may be good in one State is not acceptable in another. Thus, even if there were a seal, some States may not accept the document as it does not conform to their language requirement.

In New Jersey, a Will does not need to have a seal on it to be valid. The reason many Wills are notarized and sealed is because they are what is called "self proving" Wills. This means that when the Will is submitted to the Surrogate's court for probate, there is no need for the witnesses to appear. In order to make it easier for my clients I use self proving wills.

I hope this helps!

Ron Cappuccio

856-665-2121

www.SaveYourEstate.com