New Jersey Estate Planning Lawyer | SRIS, P.C.
New Jersey Estate Planning Lawyer — How Do You Protect Your Legacy?
A New Jersey Estate Planning Lawyer from Law Offices Of SRIS, P.C. helps you create a legally sound 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 New Jersey repealed its estate tax in 2018, but an inheritance tax of 11-16% may still apply to non-exempt beneficiaries.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 clear guidance on wills, trusts, and probate to secure your family’s future.
What Is Estate Planning Under New Jersey Law?
Estate planning in New Jersey involves creating legal documents to manage and distribute your assets after your death and to outline your wishes for healthcare if you become incapacitated. The process is governed by state statutes, including the New Jersey Probate Code. A key consideration is the state’s inheritance tax, which applies at rates from 11% to 16% on assets passing to certain classes of beneficiaries, such as siblings, nieces, nephews, and friends, even though the estate tax was repealed.
Last verified: April 2026 | Information from New Jersey state statutes.
Official New Jersey Estate Planning Resources
For the official text of New Jersey’s probate and estate laws, you can review the New Jersey Legislature statutes. For local court procedures and forms, visit the New Jersey Courts website.
The Local Process for Estate Planning in New Jersey
Creating an estate plan in New Jersey requires understanding both state law and the practical steps for document execution and probate. The inheritance tax, while not an estate tax, is a critical factor for many families. Proper planning can help minimize this burden for non-exempt beneficiaries.
- Initial Assessment: Gather a complete list of your assets, debts, and identify your intended beneficiaries and fiduciaries.
- Document Drafting: An attorney drafts your core documents: a will, financial power of attorney, advance healthcare directive, and any necessary trusts.
- Tax Analysis: Review the plan for potential New Jersey inheritance tax implications on transfers to non-exempt beneficiaries.
- Execution & Signing: You formally sign the documents in the presence of witnesses and a notary public as required by law.
- Asset Titling & Funding: Ensure assets like real estate and bank accounts are correctly titled to align with your plan and that trusts are properly funded.
- Secure Storage & Communication: Store originals safely and inform your executor and agents of the documents’ location.
Consequences of Not Having an Estate Plan in New Jersey
In New Jersey, dying without a will (intestate) means state law decides who inherits your assets, which may not match your wishes and can lead to family disputes.
| Situation | Legal Outcome | Family Impact | Financial Impact |
|---|---|---|---|
| No Will (Intestacy) | NJ intestacy laws dictate asset distribution. | Spouse and children may receive fixed shares; unmarried partners get nothing. | Potential inheritance tax for non-exempt heirs; court-appointed administrator fees. |
| No Advance Directive | Healthcare decisions may require a court-appointed guardian. | Family conflict over medical choices; delays in critical care. | Costs for guardianship petition and ongoing court supervision. |
| No Financial Power of Attorney | Family must petition court for conservatorship if you’re incapacitated. | Loss of privacy; family must go through public court process. | Significant legal fees and court costs to establish conservatorship. |
| Improper Trust Funding | Assets may not avoid probate as intended. | Probate delays distribution to beneficiaries. | Probate fees and costs reduce the estate’s value. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our New Jersey Estate Planning Law Firm
Law Offices Of SRIS, P.C. was founded in 1997. Our approach to estate planning is grounded in a clear understanding of New Jersey’s legal field, including the nuances of its inheritance tax. We focus on creating practical, enforceable plans that reflect your specific family dynamics and financial situation.
Consult a New Jersey Estate Planning Attorney Near You
If you need to create or update a will, establish a trust, or plan for incapacity, speaking with a New Jersey Estate Planning Attorney is a critical step. Our firm provides focused counsel to help you make informed decisions for your legacy.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-9900
By appointment only.
Our Tinton Falls location serves clients across Monmouth County and surrounding areas. We offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only.
Frequently Asked Questions
Does New Jersey have an estate tax?
No. New Jersey repealed its estate tax in 2018. However, the state still has an inheritance tax that applies to assets left to certain beneficiaries, like siblings or friends, at rates from 11% to 16%.
What is the difference between a will and a trust in New Jersey?
It depends on your goals. A will directs asset distribution after death and names guardians for minor children, but it goes through probate court. A revocable living trust can avoid probate, provide privacy, and manage assets during incapacity, but it requires actively transferring assets into the trust.
Who pays inheritance tax in New Jersey?
The tax is imposed on the beneficiary who receives the asset, not the estate itself. Certain beneficiaries are exempt, including spouses, children, grandchildren, and parents. Siblings, nieces, nephews, and other relatives or friends are generally subject to the tax.
What happens if I die without a will in New Jersey?
New Jersey’s intestacy laws take over. Your assets will be distributed to your closest relatives according to a statutory formula. Your spouse and children would receive shares defined by law, and an unmarried partner would receive nothing. The court would also appoint an administrator to handle the estate.
Can I write my own will in New Jersey?
Yes, but it is not advisable. A handwritten (holographic) will may be valid only under very specific conditions. DIY wills often contain errors in execution or language that lead to confusion, disputes, and invalidation in probate court, costing your family more in the long run.
Attorney advertising. Prior results do not aim for a similar outcome.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.