New Jersey Estate Planning Drafting Software for Attorneys

Under N.J.S.A. 3B:3-2, a New Jersey will must be in writing, signed by the testator, and signed by two witnesses. Statular's will templates can include the self-proving language of N.J.S.A. 3B:3-4. The testator and witnesses then execute, attest, and self-prove the will in one signing before an officer authorized to administer oaths.

New Jersey has no statutory form power of attorney. Statular drafts a durable general power of attorney under the Revised Durable Power of Attorney Act, with a notary acknowledgment consistent with N.J.S.A. 46:2B-8.9 and an agent's acknowledgment of duties. Its tax and gifting provisions can be tailored for the client.

Statular's New Jersey advance directive combines a proxy directive naming a health care representative and alternates with instructions about treatment. It also offers an optional dementia directive and an anatomical gift article. Under N.J.S.A. 26:2H-56, the directive is signed before two adult witnesses or acknowledged before a notary, attorney, or other officer, and the health care representative may not serve as a witness.

Trust funding deeds are drafted as bargain and sale deeds, with a covenant as to grantor's acts, or as quitclaim deeds. Each deed is generated with the GIT/REP-3 seller's residency certification/exemption and the RTF-1 affidavit of consideration. Statular also adds the recording cover sheet for the property's county, covering all 21 New Jersey counties.

New Jersey does not impose an estate tax on residents dying on or after January 1, 2018. Its transfer inheritance tax still applies to transfers to some beneficiary classes. Statular's estate administration packages include the L-8 and L-9 waiver forms and the IT-R and IT-NR returns for estates that need them.

1. Intake with New Jersey-specific prompts

Collect client biographical data, family information, fiduciary appointments, real property details (including county and municipality), and the asset information needed for trust funding. Attorneys can send a client questionnaire or complete the interview directly.

2. Trust, will, and powers drafting

Draft individual or joint revocable living trusts, pour-over wills with N.J.S.A. 3B:3-4 self-proving language, durable powers of attorney under the Revised Durable Power of Attorney Act, and advance directives for health care. Every draft is ready for attorney review.

3. Deed and recording forms

Prepare bargain and sale or quitclaim deeds for trust funding. Statular generates the GIT/REP-3, the RTF-1, and the recording cover sheet for the property's county with each deed.

4. Funding documents and certifications

Generate certifications of trust, assignments of personal property, declarations of trust, bank and brokerage change-of-title letters, and beneficiary designation change letters to move assets into the trust.

5. Attorney review and execution package

Review the complete document set and finalize the drafts. Then produce execution-ready packages with witness pages, notary acknowledgments, and signing guidance for the client meeting.

A New Jersey will is in writing, signed by the testator (or at the testator's direction in their conscious presence), and signed by at least two witnesses. Statular's attestation pages are drafted around these requirements.

The testator's acknowledgment and the witnesses' affidavits are made before an officer authorized to administer oaths at the time of execution. The will can then be admitted to probate without further witness proof of execution.

A durable general power of attorney that survives the principal's later disability or incapacity, drafted under the Revised Durable Power of Attorney Act. It is in writing, signed, and acknowledged before a notary.

A combined proxy and instruction directive under the New Jersey Advance Directives for Health Care Act. It is signed before two adult witnesses or acknowledged before a notary public, attorney at law, or other person authorized to administer oaths.

New Jersey allows a person to appoint someone to control their funeral and the disposition of their remains, either in a will or on a form approved by the State Board of Mortuary Science that is signed before at least two witnesses and notarized. Statular completes the official appointment form.

In this deed, the grantor promises that they have done no act to encumber the property. N.J.S.A. 46:4-6 gives that promise the effect of a covenant as to grantor's acts. Statular includes the GIT/REP-3, RTF-1, and county cover sheet with each deed.

A surviving spouse, civil union partner, or domestic partner may take an intestate estate of $50,000 or less by affidavit. When there is no surviving spouse or partner, heirs may do the same for an estate of $20,000 or less. Statular supports both affidavit tracks with the related inheritance tax waivers.

New Jersey's inheritance tax depends on the beneficiary's class. Statular includes the Division of Taxation waivers and returns: L-8, L-9, L-9NR, L-4, IT-R, IT-NR, IT-EXT, and IT-EP.

New Jersey revocable and irrevocable trusts are governed by the New Jersey Uniform Trust Code. Statular's trust administration packages include notices to beneficiaries, waivers of notice, updated certifications of trust, and trustee's final accounts.