Do I Need an Attorney to Make a Will in New Jersey?
In general, you can make a simple will on your own without an attorney. However, there are several benefits to consulting with an experienced wills lawyer. A wills lawyer can provide options for how to handle property, real estate, and assets after death. A wills attorney can also develop an estate plan to provide for your family and loved ones without the unnecessary delays and costs of going through intestacy.
The basic requirements for a will generally include the mental capacity to understand the nature of a will, testimonial intent to have the will take effect, the will is in writing, and signed by the testator before witnesses. Different states may have other specific requirements to establish a will. One of the benefits of using an experienced lawyer is that the probate attorney understands the legal requirements to prepare a will and make sure that it will be enforced.
If there is no will or the will is not enforceable, the decedent's estate may go through probate and property will be distributed according to the state's intestate distribution laws. If someone dies intestate, their property will be distributed to their relatives. If there are no relatives, the property will go to the state.