New Jersey Estate Planning Lawyer — How Do You Protect Your Family’s Future?
A New Jersey Estate Planning Lawyer from Law Offices Of SRIS, P.C. helps you create a clear plan for your assets and healthcare wishes. New Jersey repealed its estate tax in 2018, but an inheritance tax of 11-16% may still apply to non-exempt beneficiaries. Our firm, founded in 1997, provides full guidance on wills, trusts, and probate to secure your family’s future.
What Is Estate Planning in New Jersey?
Estate planning is the process of arranging for the management and distribution of your assets during your life and after your death. It involves legal tools like wills, trusts, powers of attorney, and advance healthcare directives. The goal is to ensure your wishes are followed, minimize taxes and legal hurdles for your heirs, and provide for your loved ones. A New Jersey Estate Planning Lawyer is essential to handle the details of state-specific laws, such as New Jersey’s inheritance tax, which can still impose a significant burden if your plan is not properly structured.
Last verified: April 2026 | Information sourced from New Jersey state statutes.
Official Legal Resources
Understanding the legal framework is important. You can review the New Jersey Courts probate self-help guide for general procedures. For the specific statutes governing wills and estates, refer to Title 3B of the New Jersey Statutes.
Key Steps in the New Jersey Estate Planning Process
Creating an estate plan in New Jersey involves several specific steps. First, you must take a full inventory of your assets, including real estate, bank accounts, investments, and personal property. Next, you decide who your beneficiaries will be and who you trust to act as your executor or trustee. A New Jersey Estate Planning Lawyer then drafts the necessary documents to reflect these decisions while considering state tax implications.
- Schedule a consultation with an estate attorney to discuss your goals and assets.
- Review and decide on the core documents you need: a will, trusts, powers of attorney, and advance directives.
- Your lawyer drafts the documents, ensuring they meet New Jersey’s legal formalities and address tax issues.
- You formally sign and execute the documents, often in the presence of witnesses and a notary.
- Store your documents securely and inform your executor or trusted family member of their location.
- Review your plan every few years or after major life events like marriage, divorce, or the birth of a child.
Potential Consequences of Not Having a Plan
In New Jersey, dying without a will (intestate) means state law decides how your assets are distributed, which may not match your wishes and can cause family conflict.
| Situation | Legal Outcome | Impact on Family |
|---|---|---|
| No Will (Intestacy) | Assets distributed per NJ intestacy laws (N.J.S.A. 3B:5-4). | Spouse and children may receive fixed shares; unmarried partners receive nothing. |
| No Healthcare Directive | Family may need court-appointed guardian for medical decisions. | Delays in care; potential disputes among family over treatment. |
| No Trust for Minor Children | Court controls inheritance until child turns 18. | Assets are managed by a court-appointed guardian, with lump-sum distribution at age 18. |
| Unaddressed Inheritance Tax | NJ Inheritance Tax (0-16%) due on transfers to non-exempt beneficiaries. | Beneficiaries must pay tax within 8 months of death, potentially forcing asset sales. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Estate Planning
Law Offices Of SRIS, P.C. was founded in 1997. Our team uses a case-specific approach for each client’s estate planning needs. We focus on creating clear, legally sound documents that aim to carry out your instructions and reduce the potential for family disputes or unnecessary taxation. We provide estate planning help to individuals and families across New Jersey.
Getting Estate Planning Help
If you are looking for estate planning help in New Jersey, the first step is a consultation. We will review your current situation, explain your options under New Jersey law, and outline a plan to meet your goals. Whether you need a simple will or a more involved trust structure, we can assist.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our Tinton Falls location is accessible from the Garden State Parkway and Route 36. We serve clients in Monmouth County, Ocean County, and surrounding communities. As a wills and trusts lawyer near Tinton Falls, we offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
Do I need a probate lawyer in New Jersey?
Yes, if you are named as an executor or if an estate is entering the probate process. A probate lawyer guides you through filing documents with the Surrogate’s Court, paying debts and taxes, and distributing assets to heirs, which can be a complex legal procedure.
What is the difference between a will and a trust in New Jersey?
A will takes effect only after you die and must go through probate court. A trust can manage assets during your life and after death, often avoiding the probate process. A trust can also provide more control over how and when assets are distributed to beneficiaries.
Does New Jersey have an estate tax?
No. New Jersey’s estate tax was repealed for deaths occurring on or after January 1, 2018. However, New Jersey still has an inheritance tax that applies to assets left to certain beneficiaries, like siblings, nieces, nephews, or friends.
What happens if I die without a will in New Jersey?
You die “intestate.” New Jersey law (N.J.S.A. 3B:5-4) will determine who inherits your assets, typically starting with your spouse and children. This statutory distribution may not reflect your wishes and can lead to delays and additional costs for your family.
Can I write my own will?
It depends. While it is legally possible, handwritten (holographic) wills are not recognized in New Jersey. A will must meet strict execution requirements, including being signed in the presence of two witnesses. Mistakes can render it invalid, making professional guidance from an estate attorney advisable for most people.
Related Pages: For help with related legal matters, see our pages on New Jersey Business Law for succession planning or New Jersey Family Law for guardianship issues.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.