Are Electronic Wills Permitted in New Jersey?
If you want to make a will in New Jersey through which you name beneficiaries to inherit your assets, or to identify a guardian for your minor children or an executor of your estate, can you do this electronically? Many tasks are completed entirely online these days, without the need to handle hard-copy materials or to physically sign anything. However, it is important to know that New Jersey is not among the states that currently recognizes electronic wills. Currently, as of early 2026, there are 15 states plus the District of Columbia and the U.S. Virgin Islands that permit electronic wills.
Over the last few years, there have been legislative attempts in New Jersey to authorize the use of electronic wills, and another bill is currently being considered. Will electronic wills soon become valid in New Jersey? It is a possibility. Our Summit estate planning attorneys can provide you with more information in the meantime.
Legislation on Electronic Wills in New Jersey
In 2020, the Uniform Law Commission adopted the Uniform Electronic Wills Act. Since that time, as we noted above, a number of states have enacted their own, often modified, versions of the Uniform Electronic Wills Act. Legislation to do the same has been introduced in New Jersey in the past but has not ultimately been made into law. Recently, bipartisan legislation was again introduced by lawmakers Sen. Joseph Pennachio (R) and Sen. Brian Stack (D) as S1336 for the 2026-2027 session as the Uniform Electronic Wills act to authorize electronic wills.
If passed, the legislation would allow New Jersey residents to create an electronic will. Under the proposed legislation, an electronic will means “a will executed electronically,” with electronic meaning “relating to technology having electrical digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.” An electronic will in New Jersey would still need to be signed by the testator in the physical or electronic presence of witnesses, as is required for traditional wills in New Jersey. The proposed legislation may be passed and may become law, but it is not yet law in the state.
Making a Will in the Meantime
You should not wait to see if the proposed legislation becomes law before making a will — you never know what unexpected events might happen, and dying intestate (i.e., without a will) means that New Jersey law will determine how your assets are distributed.
In the meantime, you should make a will that will be valid and enforceable according to present New Jersey law. Currently, for a will to be valid in New Jersey, the following must be true of the will under NJ Rev Stat 3B:3-2:
- Created by a person who is at least 18 years old and of sound mind;
- In writing (currently meaning typed or handwritten);
- Signed by the testator, meaning the person making the will (or by another person in the testator’s conscious presence at the testator’s direction); and
- Signed by two witnesses.
Contact a Summit, New Jersey Estate Planning Attorney for Assistance with Your Will
While electronic wills are not yet valid in New Jersey, pending legislation suggests that they could become valid in the near future. In the meantime, if you have not made a will or created other essential estate planning documents and tools, one of the experienced Summit estate planning attorneys at Dempsey, Dempsey & Sheehan can begin working with you today. Every adult in New Jersey should have a will, advance directives, and powers of attorney, and often a revocable living trust, as well. Contact our firm to learn more about how we can assist you with every component of your estate plan.
Sources:
law.justia.com/codes/new-jersey/title-3b/
njleg.state.nj.us/bill-search/2022/A4492/bill-text?f=A4500&n=4492_I1
legiscan.com/NJ/bill/S1336/2026
