Will Lawyer in Union County, NJ
A Union County will lawyer from Law Offices Of SRIS, P.C. provides essential legal guidance for creating a valid will under New Jersey law. A will is a foundational estate planning document that directs the distribution of your assets after death and names guardians for minor children.
New Jersey Will and Estate Law
In New Jersey, a will is governed by the New Jersey Probate Code (N.J.S.A. 3B:1-1 et seq.). To be valid, the testator (person making the will) must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator, and witnessed by at least two competent individuals who sign in the testator’s presence. A will lawyer ensures all formalities are met to prevent future challenges. Wills are probated through the Union County Surrogate’s Court, located in Elizabeth.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Official Legal Resources
- N.J.S.A. Title 3B (New Jersey Probate Code) – Official state statutes.
- Superior Court of NJ, Union Vicinage – Official court website for probate matters.
Local Process for Creating a Will in Union County
Working with a will lawyer near me in Union County involves a structured process case-specific to your specific family and financial situation. The key local procedural fact is that wills are probated through the Surrogate’s Court in Elizabeth, and the executor you name will interact directly with that office. A common oversight is failing to account for New Jersey’s inheritance tax, which still applies to certain beneficiaries even though the state estate tax was repealed.
- Initial Consultation: Discuss your assets, family structure, and wishes with your will lawyer.
- Drafting: Your lawyer prepares a draft will, including clauses for asset distribution, executor appointment, and guardianship.
- Review and Revision: You review the draft carefully and request any necessary changes.
- Execution Ceremony: You sign the final will in the presence of two disinterested witnesses and a notary to create a self-proving affidavit.
- Safekeeping: Your lawyer advises on the secure storage of the original document and provides copies.
Consequences of Dying Without a Will in New Jersey
In Union County, dying without a will (intestate) means your assets are distributed by a default state formula, which may not align with your intentions and can cause family conflict.
| Scenario | Intestate Distribution (N.J.S.A. 3B:5-4) | Potential Issues |
|---|---|---|
| Spouse, No Children | Spouse inherits everything. | May disinherit parents or siblings you wished to include. |
| Spouse & Children (All from that spouse) | Spouse inherits everything. | Children receive nothing directly, which may not be desired. |
| Spouse & Children (Some from other relationships) | Spouse gets first 25% of estate (min $50,000) plus 50% of balance. Children split the remainder. | Demanding, partial distributions that can complicate estate administration. |
| No Spouse, No Children | Assets pass to parents, then siblings, then more distant relatives. | May exclude close friends, partners, or charities you wanted to support. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Estate Planning
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a firm-wide record of 4,739+ documented case results, our team brings a disciplined, detail-oriented approach to estate planning. We understand that a well-drafted will is the cornerstone of a plan that provides peace of mind and protects your legacy.
Case Results and Client Focus
While specific local case counts for wills are not separately tracked, our firm-wide commitment to favorable outcomes extends to our estate planning practice. We focus on creating clear, legally sound documents that minimize the potential for future disputes and simplify the probate process for your loved ones.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Union County Will Lawyer
Our New Jersey location serves clients throughout Union County, including Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield. We offer 24/7 phone consultations for your convenience.
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.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Do I need a lawyer to write a will in New Jersey?
No, but it is highly advisable. A will lawyer ensures your document complies with all formalities of N.J.S.A. 3B:3-2, addresses technical issues like blended families or business assets, and helps avoid ambiguities that could lead to costly litigation in Union County Surrogate’s Court.
What happens if my will is not self-proving?
It can delay probate. Without a self-proving affidavit, the Surrogate’s Court must contact one or both witnesses to verify they saw you sign the will. If a witness cannot be located or has died, your executor may need to provide other proof, which can complicate and lengthen the process.
Can I disinherit a spouse or child in my will?
It depends. New Jersey law provides a surviving spouse with a right to an “elective share” of your estate (typically one-third), which they can claim regardless of your will’s terms. You can generally disinherit an adult child, but specific language is required to demonstrate intent and avoid claims of accidental omission.
How often should I update my will?
You should review your will every 3-5 years or after major life events like marriage, divorce, birth of a child, significant change in assets, or a move to another state. Changes in New Jersey law may also necessitate an update to ensure your plan remains effective.
Where should I keep my original will?
Keep the original in a secure, fireproof location like a safe deposit box or a home safe. Inform your executor and your will lawyer of its location. You can also file the original with the Union County Surrogate’s Court for safekeeping for a fee.
Related Legal Services in Union County
Our firm provides full representation for your legal needs. If you require assistance with business law or civil litigation in Union County, we can help. For broader New Jersey estate planning resources, visit our New Jersey estate lawyer hub page. We also assist clients in neighboring areas like Bergen County and Burlington County.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Union County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Union County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Union County NJ lawyers directory · Will Lawyer Bergen County, NJ · Will Lawyer Hudson County, NJ · Will Lawyer Monmouth County, NJ.