Does New Jersey have an estate tax?

No. New Jersey repealed its estate tax for deaths on or after January 1, 2018. It still has an inheritance tax, which applies to some beneficiaries such as siblings and nonrelatives, but not to spouses, children or grandchildren. This is general information, not legal advice.

What happens if I die without a will in New Jersey?

State intestacy law decides who inherits, usually a spouse, children or other close relatives. The court also appoints an administrator, which can add time and cost. This is general information, not legal advice.

Is probate difficult in New Jersey?

Compared with many states, New Jersey probate is fairly simple and starts at the County Surrogate's office. Complex estates or disputes can still take time. This is general information, not legal advice.

Do I need a power of attorney?

A durable power of attorney lets someone you trust handle your finances if you become unable to. Without one, your family may need to go to court for a guardianship. This is general information, not legal advice.

Estate Planning lawyers in New Jersey

Wills, trusts, powers of attorney and probate.

How estate planning works in New Jersey

Estate planning is about deciding who receives your property, who cares for your children and who makes decisions for you if you cannot. The core documents are a will, a power of attorney and an advance health care directive, often with one or more trusts.

When someone dies in New Jersey, their will is usually probated through the County Surrogate's office. A lawyer can also help with estate administration and New Jersey's inheritance tax, which applies to some beneficiaries.

Questions to ask a lawyer

Is a will enough for my situation, or do I need a trust?
What does your flat fee include?
How often should I update my plan?

Guides for this practice area

Writing a will in New Jersey: legal requirements and tax basics

In New Jersey, anyone 18 or older and of sound mind can make a will. A standard will must be in writing, signed by you, and signed by two witnesses, and adding a notarized self-proving affidavit makes probate easier. New Jersey has no estate tax for deaths since January 1, 2018, but it still has an inheritance tax that can apply to gifts to people other than close family.

6 min read

Probate in New Jersey: steps, timeline and the Surrogate's Court

In New Jersey, probate usually starts at the Surrogate's office in the county where the person lived, and a will generally cannot be probated until 10 days after death. The Surrogate admits the will and issues letters testamentary to the executor, or letters of administration if there is no will. Many estates also need inheritance tax waivers from the Division of Taxation before certain assets can be released.

7 min read

Common questions

This is general information, not legal advice.

43 estate planning firms in New Jersey

Aiello Harris

Watchung, NJ

Serving central New Jersey since 1955 from several offices.

Criminal DefensePersonal InjuryWorkers' Compensation+7