Do I Really Need a Will in New Jersey? Common Myths Debunked

Adam J. Elias

Aug 01 2025 16:00

Introduction: Why This Question Matters

For many New Jersey families, the idea of writing a will feels unnecessary or overwhelming. Some assume wills are only for the wealthy, while others believe their families will "figure things out" without one. The truth is, a valid will is one of the most important legal tools you can have-regardless of income or assets. At Elias Counsel LLC, we guide families across Central Jersey through the estate planning process with clarity and compassion, making sure every client leaves with a plan they understand and feel good about.

What Exactly Is a Will?

A Last Will and Testament is a legal document that outlines your wishes for what happens to your assets, property, and dependents after you pass away. In New Jersey, a valid will must generally:

• Be in writing
• Be signed by you (the testator)
• Be signed by two witnesses

Within that framework, your will can:

• Appoint an executor (the person who will manage your estate)
• Name guardians for minor children
• Distribute your property and personal belongings
• Direct charitable gifts or special bequests

If you don't have a will, state law decides who gets what-often in ways that don't match your true wishes.

Why Having a Will Matters

The consequences of not having a will can be significant:

• Family Disputes: Without clear instructions, relatives may disagree over who inherits.
• Delays in Probate: The Middlesex County Surrogate's Court will need to determine heirs, which can add time and stress.
• Unintended Outcomes: Stepchildren, long-term partners, or charities won't inherit unless specifically named.
• Guardianship Uncertainty: If you have minor children, the court-not you-decides who raises them.

In short: a will provides clarity, saves your family from conflict, and ensures your intentions are honored.

Key Components of a Will in New Jersey

When drafting a will, here are the essential steps:

1. Choose an Executor
   Pick someone responsible, organized, and willing to handle financial and legal tasks.
2. Name Guardians (if needed)
   If you have children under 18, this is one of the most important choices you'll make.
3. Decide on Beneficiaries
   Identify who will inherit what. This can include family, friends, or charitable organizations.
4. Plan for Debts & Taxes
   Your executor will use estate assets to cover debts before distributions. A will ensures this happens fairly and legally.
5. Meet NJ Legal Requirements
   Your will must be signed correctly with witnesses to be valid. Elias Counsel ensures your will complies with state law.

Common Myths About Wills

Many people put off creating a will because of misunderstandings. Let's debunk the most common myths:

• "I don't own much, so I don't need a will."
  Even if you only own a car or a checking account, you need a will to direct who receives it.
• "Everything will automatically go to my spouse."
  Not always. If you have children from another relationship, New Jersey intestacy laws may split assets differently.
• "I'm too young for a will."
  Life is unpredictable. Young parents, homeowners, and even single professionals benefit from having a plan in place.
• "Handwritten wills are always valid."
  New Jersey does recognize handwritten (holographic) wills, but they're often challenged in court. A properly drafted will is far more reliable.

Real-Life Scenarios

• Unmarried Couples: Without a will, a surviving partner may receive nothing, even after decades together.
• Blended Families: Stepchildren are excluded from inheritance unless named in a will.
• Parents of Minors: If both parents pass without naming a guardian, family members may fight for custody.
• Homeowners: Without clear direction, selling or transferring property can stall in probate.

Common Challenges Clients Face

• Procrastination: Many people wait until a health scare to act.
• Confusion Over Options: Wills, trusts, powers of attorney-it's not always clear what you need.
• DIY Pitfalls: Online templates often miss NJ-specific rules, leading to invalid documents.
• Fear of Confronting Mortality: Talking about death is uncomfortable, but avoiding the topic creates bigger problems later.

How Elias Counsel Helps

We make will preparation a thoughtful, supportive process. Our approach includes:

• Personalized Attention: We take the time to listen to your family situation, your goals, and your concerns.
• Clear Explanations: No legal jargon-just plain, practical advice.
• Full-Service Planning: Beyond wills, we can also help with trusts, powers of attorney, and healthcare directives.
• Local Experience: As a Monroe Township-based law firm, we're familiar with Middlesex County Surrogate's Court and local procedures.

Let Us Help

If you've been putting off writing a will, now is the time to take action. A will isn't just a legal formality-it's peace of mind for you and a gift of clarity for your loved ones.

At Elias Counsel LLC, we help families across Monroe Township, Jamesburg, East Brunswick, Old Bridge, and throughout Central Jersey create wills that truly reflect their wishes.

Ready to get started? Contact us today to schedule a consultation and take the first step toward protecting your family's future.