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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37690
Experience:  30 years in civil, probate, real estate, elder law
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Is a will created in florida valid in new jersey

Customer Question

Is a will created in florida valid in new jersey
Submitted: 10 days ago.
Category: Legal
Expert:  Ray replied 10 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 10 days ago.

Yes it would be.It would just be probated in NJ if the person resided there.If the person has a second property in Florida there would be ancillary probate in Florida.But is valid in both states .

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  Ray replied 10 days ago.

Reference to NJ law

The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the “testator” or “testatrix”, and (c) signed by two witnesses who were present to witness the execution of the document by the maker and who also witnessed each other sign the document.

In New Jersey, the laws regarding the valid execution and witnessing of a Will are set forth in the New Jersey Revised Statutes, Title 3B Administration of Estates-Decedents, Sections 3B:3-1 through 3B:3-4.

In New Jersey, any person eighteen (18) years of age, or a minor lawfully married, and of sound mind may make a Will. (See: Section 3B:3-1) “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding.

A Will must be in writing, signed by the testator and by two witnesses. If the testator cannot physically sign his name he may direct another party to do so. Each witness must sign the Will in the testator’s presence. (See: Section 3B:3-2)