Knowledge base
State signing rules
New Jersey signing requirements
How your will and revocable living trust must be executed in New Jersey.
Will and revocable living trust
- Minimum age to make a will
- 18 years
- Witnesses required for a will
- 2
- Witnesses should be disinterested
- Yes — use non-beneficiaries
- Notary required for the will
- No, but recommended for the affidavit
- Self-proving affidavit
- Available — included in your will
- Witnesses for the trust instrument
- 0
- Notarization of the trust
- Strongly recommended
- Community property state
- No
- Handwritten (holographic) wills
- Recognized
- Electronic signature for a will
- Not recognized — sign on paper
- Trust must be in writing
- Yes
- Electronic signature for the trust
- Not recognized — sign on paper
- Will statute
- N.J.S.A. 3B:3--2,-3,-4,-5,-8
- Trust statute
- N.J.S.A. 3B:31-19
Healthcare power of attorney and advance directive
- Age required to sign
- 18 years
- Witnesses required
- 2
- Notarization
- Required
- Who may not witness
- Statutory exclusions apply — avoid your agent, relatives, heirs and treating providers
- Mental-health treatment decisions
- Covered by the healthcare directive
- Advance directive statute
- N.J.S.A. 26:2H-53
- Healthcare POA statute
- N.J.S.A. 26:2H-53
- Rules last verified
- 2026
Living will and advance directive details
- Statutory form published
- Yes — your document tracks it
- Pregnancy restriction
- No statutory pregnancy restriction
- Physicians who must certify the condition
- 2
- Notary instead of witnesses
- Permitted
- Living will and healthcare POA combined
- Permitted
- Agent may work for your facility
- Not unless related to you
- Authority may begin immediately
- Yes, if you choose
- Mental-health treatment declaration
- Not used in this state
HIPAA authorization
- Categories needing express authorization
- mental health and psychiatric records, substance use disorder treatment records (42 C.F.R. Part 2), HIV/AIDS testing and treatment records, genetic testing results
Final disposition instructions
- Written disposition directive
- Recognized by statute
- Witnesses required
- 2
- Notarization
- Required
- Disposition agent
- Must be designated separately from your healthcare agent
- Disposition statute
- N.J. Stat. Ann. 45:27-22
New Jersey's Advance Directive for Health Care may be signed before two adult witnesses or a notary, attorney or other person authorized to administer oaths. A designated health care representative may not also witness. New Jersey allows a funeral and disposition agent to be appointed in a will.
Two competent adult witnesses should sign in the presence of the testator and of each other, followed by a notary acknowledgment for the self-proving affidavit.
Signing day in New Jersey, step by step
Bring: final documents printed single-sided and unstapled; blue or black ink pens; government photo identification for you and every witness. You will also need the number of adult, disinterested witnesses your state requires and a commissioned notary public (bank, shipping store, title company or mobile notary).
Before signing day
- 1Confirm you may sign. You must be at least 18 to make a will and 18 to sign healthcare documents in New Jersey, and you must be of sound mind and signing voluntarily.
- 2Arrange witnesses. Arrange 2 witnesses for your will. New Jersey expects disinterested witnesses, so use adults who receive nothing under your plan.
- 3Book a notary. Notarization of the trust is strongly recommended in New Jersey, and the notary also completes the self-proving affidavit for your will, and your healthcare documents must be notarized. Bring photo ID for everyone.
- 4Print the final set. Print every document single-sided on paper. New Jersey does not recognize an electronic signature on a will, so it must be signed on paper.
Will and revocable living trust
- 1Sign the revocable living trust. Sign the trust as grantor and as trustee in front of the notary. Governing statute: N.J.S.A. 3B:31-19.
- 2Declare and sign the will. State aloud that the document is your will and that you are asking the witnesses to witness it, then sign at the end in their presence.
- 3Witnesses sign. Your 2 witnesses sign in your presence and in each other's presence and print their names and addresses. Governing statute: N.J.S.A. 3B:3--2,-3,-4,-5,-8.
- 4Complete the self-proving affidavit. Immediately afterward, you and the witnesses swear to the affidavit before the notary, who signs and seals it. This lets the court accept the will without calling your witnesses.
Healthcare, HIPAA and disposition documents
- 1Sign the healthcare power of attorney and living will. Sign in front of 2 witnesses and have the documents notarized. A notary acknowledgment may be used in place of witnesses. Your agent, relatives by blood or marriage, heirs and employees of your treating provider may not serve as witnesses. Statute: N.J.S.A. 26:2H-53.
- 2Sign the HIPAA authorization. Sign and date the HIPAA authorization; no witnesses are required under federal law. New Jersey requires express authorization for mental health and psychiatric records, substance use disorder treatment records (42 C.F.R. Part 2), HIV/AIDS testing and treatment records, genetic testing results records, which your form includes.
- 3Sign the final disposition instructions. Sign in front of 2 witnesses and have it notarized. Your disposition agent must be named separately from your healthcare agent. Statute: N.J. Stat. Ann. 45:27-22.
- 4Sign the durable financial power of attorney. Have the financial power of attorney notarized even if the statute is silent; banks and county recorders will insist on it.
After signing
- 1Store originals and distribute copies. Keep the signed originals somewhere safe and accessible, tell your successor trustee where they are, and give copies to your healthcare agent, physician and hospital.
- 2Fund the trust. Retitle real estate, accounts and business interests into the trust and update beneficiary designations.
ETrustPlan is a self-help document assembly service, not a law firm, and this information is not legal advice. Signing requirements change; confirm them with a licensed attorney in your state before you sign.
New Jersey signing questions
Quick answers drawn from the New Jersey rules above.
Guidance used for New Jersey
Rules last reviewed August 26, 2026
- Pour-over will execution:N.J.S.A. 3B:3--2,-3,-4,-5,-8(reviewed August 24, 2026; statutes read 2026)
- Revocable trust:N.J.S.A. 3B:31-19(reviewed August 24, 2026; statutes read 2026)
- Living will / advance directive:N.J.S.A. 26:2H-53(reviewed August 26, 2026; statutes read 2026)
- Healthcare power of attorney:N.J.S.A. 26:2H-53(reviewed August 26, 2026; statutes read 2026)
- Final disposition instructions:N.J. Stat. Ann. 45:27-22(reviewed August 26, 2026; statutes read 2026)
- Two competent adult witnesses should sign in the presence of the testator and of each other, followed by a notary acknowledgment for the self-proving affidavit.
- New Jersey's Advance Directive for Health Care may be signed before two adult witnesses or a notary, attorney or other person authorized to administer oaths. A designated health care representative may not also witness. New Jersey allows a funeral and disposition agent to be appointed in a will.