New Jersey law has traditionally required wills to be drafted in writing, signed by the person making the will and witnessed by two individuals. However, in recent years, the law has evolved to address the use of technology in estate planning.
While some states have fully embraced electronic wills (also known as digital wills), New Jersey’s approach is more cautious. It does not currently allow for the complete creation and execution of a will entirely in electronic form, absent certain traditional formalities.
The basics
When the world had turned temporarily upside down, New Jersey allowed remote witnessing and notarization through video conferencing to make it easier for residents to complete estate planning documents while maintaining social distancing. This made it possible to satisfy the state’s witnessing requirement without being physically in the same room. However, this process is different from executing a fully electronic will, which exists entirely in digital form without a paper counterpart.
Currently, in New Jersey, someone cannot simply create a will online, sign it electronically, and have it considered legally valid without following the state’s established requirements. Even if you use software to draft the document, it still needs to be printed, signed in ink and properly witnessed to hold up in probate court. There may be exceptions for certain types of records under the Uniform Electronic Transactions Act, but wills are specifically excluded from that law.
With that said, technology can still play an important role in estate planning in New Jersey. Digital tools can help organize assets, communicate intentions to loved ones and help ensure that drafts are easily updated before final execution. Working with a skilled legal team that understands both traditional legal requirements and modern tools can help you avoid costly mistakes and ensure your wishes are carried out.