When it comes to planning for the future, many people put off creating a will. It’s easy to think, “I’ll get to it later,” or assume that family members will know what to do. Unfortunately, when someone dies without a valid will, New Jersey’s default rules (not your wishes) determine what happens to your assets. At the Law Offices of Howard N. Sobel in Voorhees, our Wills & Estates team often sees how the absence of proper planning leads to needless stress and conflict. Families in South Jersey can avoid that outcome with help from a Voorhees wills and estates attorney.
This article will explain why a will is important, how New Jersey law handles estates without one, and what practical steps you can take today to protect your loved ones.
What Happens If You Don’t Have a Will in New Jersey?
Under New Jersey’s intestacy laws, if you pass away without a valid will, your property is divided according to state statutes, not your personal wishes. This process can surprise many families because:
- A surviving spouse does not always inherit everything. The division depends on whether you have children from a prior relationship or surviving parents.
- If no immediate family members are alive, more distant relatives could inherit.
- The court will appoint someone to administer your estate, even if it is not the person you would have chosen.
This often results in delays, added legal expenses, and, in many cases, disputes among family members.
Why Having a Will Matters
Creating a will gives you control and peace of mind. With a will in place, you can:
- Decide who receives your assets and in what proportions.
- Name a guardian for minor children so the court doesn’t decide for you.
- Choose an executor you trust to manage your estate.
- Prevent unnecessary disagreements by making your intentions clear.
A properly drafted will also makes the probate process smoother, reducing stress for your family during an already difficult time.
What a Will Cannot Do
While a will is one of the most important estate planning tools, it has its limits. Understanding what a will cannot do helps set realistic expectations:
- A will does not avoid probate. Your estate will generally still need to go through the probate process.
- A will cannot control jointly owned property or accounts with named beneficiaries, such as retirement plans or life insurance policies.
- A will does not replace other estate planning documents, such as trusts or powers of attorney, which serve different purposes.
- Nor does it automatically control digital assets or beneficiary designations for accounts like life insurance or retirement plans.
Recognizing these limitations is key. For many families, a comprehensive estate plan may include both a will and additional documents that work together to ensure their wishes are carried out.
Before we look at how to create a valid will, let’s clear up some common misconceptions that often hold people back.
Common Misconceptions About Wills
Many people delay estate planning because of misunderstandings. Some of the most common myths include:
- “I don’t own much, so I don’t need a will. ” Even modest estates benefit from a will. Personal belongings, bank accounts, or family heirlooms can still cause disputes.
- “I’m too young to worry about this.” Unexpected events can happen at any age. A will ensures your wishes are respected.
- “My spouse will automatically inherit everything.” As explained above, that is not always the case under New Jersey intestacy law.
- “I already have a power of attorney, so I don’t need a will.” A power of attorney applies while you are alive and it ends when you die. It does not distribute your assets or name who inherits them; that is the job of your will.
How to Create a Valid Will in New Jersey
To be valid in New Jersey, a will generally must:
- Be in writing,
- Be signed by the person making the will (the “testator”),
- Be signed by at least two witnesses.
These may seem like small details, but even simple errors such as failing to have proper witnesses can lead to costly disputes. Working with a South Jersey estate planning lawyer ensures your will complies with state law and reflects your true intentions.
The Probate Process in New Jersey
Probate is the legal process of proving a will and distributing a person’s estate. In New Jersey, probate is handled in the county surrogate’s court. If you have a valid will, the process is generally straightforward:
- The executor you named is officially appointed to manage your estate.
- Debts and taxes are paid before assets are distributed.
- Beneficiaries receive what you designated in your will.
Without a will, probate becomes more complicated. The court appoints an administrator, and state law dictates who inherits. Having a valid will helps streamline this process, saving your family time and stress. Working with an experienced New Jersey probate attorney can also help you navigate the process efficiently and avoid unnecessary complications.
When Should You Update Your Will?
Life changes quickly, and your will should reflect your current circumstances. Consider reviewing and updating your will if you experience:
- Marriage, divorce, or remarriage.
- The birth or adoption of a child.
- A significant change in financial circumstances.
- Moving to a new home or acquiring real estate.
- The passing of a beneficiary or executor.
Regular updates help ensure your plan continues to protect your family as intended.
Taking the Next Step
Creating a will does not need to be overwhelming. At the Law Offices of Howard N. Sobel, we help individuals and families throughout Voorhees, Camden County, and South Jersey understand their options and put legally sound plans in place. By working with a local attorney familiar with New Jersey’s estate laws, you can feel confident that your wishes will be honored.
If you have been putting off this important step, now is the time to act. Protect your loved ones, avoid confusion, and bring peace of mind for the future.
Ready to Discuss Your Estate Plan?
If you’re asking yourself whether you need a will in New Jersey, the answer is almost always yes. Every family situation is unique, and a tailored approach makes all the difference. To learn how we can help, contact the Law Offices of Howard N. Sobel today. We proudly serve clients across South Jersey, in Camden, Burlington, and Gloucester Counties and are ready to guide you through every stage of the estate planning process.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.