Planning for the future isn’t just about building wealth—it’s about making sure your wishes are honored and your loved ones are protected. One of the most essential steps in this process is creating a legal last will and testament. This foundational document ensures that your assets are distributed according to your wishes and that important decisions—such as who will care for your children—are clearly outlined.
At the Law Offices of Ann Marshall Robbeloth, we specialize in guiding individuals and families through the complexities of Estate Planning, including related areas such as Guardianship, Conservatorship, Elder Care, Trust Administration, Probate, and Family Meetings. Whether your estate is large or small, proper planning can prevent legal confusion, reduce stress for your loved ones, and bring peace of mind.
In this article, we’ll explore what makes a will legal, whether it needs to be notarized or recorded, and even what happens if someone passes without a will—especially in New Jersey. We’ll also answer practical questions about how to get a will without a lawyer and what to do with the original copy once it’s complete.
Let’s begin by understanding what a legal last will and testament really is—and why it matters.
What is a Legal Last Will and Testament?
A legal last will and testament is a written document that allows you to state your final wishes regarding the distribution of your property, care of any minor children, and other important matters after your passing. It is a cornerstone of effective estate planning, ensuring your decisions are honored and your loved ones are not left in legal uncertainty.
A properly executed will enables you to:
- Distribute Your Assets – Specify who should inherit your home, bank accounts, investments, and personal belongings.
- Appoint an Executor or Trust Administrator – Choose someone you trust to carry out the instructions in your will and manage your estate through the probate process.
- Name Guardians for Minor Children – Legally appoint individuals to care for your children if you pass away before they become adults, helping avoid potential guardianship battles in court.
- Outline Funeral or Burial Preferences – Provide guidance on how you wish your remains to be handled and any final arrangements you’d like made.
A legal will provides clarity and structure in what can be a deeply emotional and confusing time for surviving family members. It also helps reduce the risk of disagreements or the need for court-imposed conservatorship or guardianship proceedings, especially in cases where no instructions have been left behind.
Importantly, your will should reflect not just your financial goals, but your personal and family values. This is why many families benefit from family meetings facilitated during the estate planning process—to ensure everyone understands your intentions and reduce the likelihood of future disputes.
When paired with other tools—such as trusts, powers of attorney, and advance health care directives—a legal last will and testament becomes an integral part of a complete and personalized estate plan.
Why is Having a Legal Will Important?
Creating a legal last will and testament is one of the most important things you can do to protect your family and your assets. Without one, your estate will be distributed based on your state’s intestacy laws—which may not reflect your wishes—and decisions about guardianship, property, and personal matters could be left in the hands of the court.
A valid will gives you the power to determine who inherits your assets, from your home and financial accounts to family heirlooms and sentimental items. Without a will, the court will divide your estate according to state law, which may leave out people or causes that matter to you.
If you have children under 18, your will is the legal tool that allows you to appoint a guardian to care for them if something happens to you. Without a named guardian, the court may decide who raises your children—potentially someone you wouldn’t have chosen.
Your will also names a trust administrator or executor to manage your estate and ensure your wishes are carried out. This person handles tasks such as settling debts, distributing assets, and guiding your estate through the probate process.
Unclear or absent instructions can lead to unnecessary conflict. A well-drafted will helps prevent confusion and can reduce the risk of disagreements, especially during emotional times. Family meetings during the estate planning process can further clarify your wishes and promote unity among loved ones.
For older adults, a will—along with other legal documents—is a critical part of elder care planning. It can help prevent costly and emotionally taxing conservatorship proceedings by clearly stating your wishes in advance.
Finally, a clear, legally valid will can make the probate process faster and more straightforward, helping your family avoid delays and legal hurdles during an already difficult time.
Creating a legal will is about more than just dividing property—it’s about caring for the people you leave behind. At the Law Offices of Ann Marshall Robbeloth, we help you ensure that your estate is handled exactly the way you intend, with compassion, clarity, and legal precision.
Common Legal Questions Answered
When planning your estate, it’s natural to have questions about the legal requirements and practical steps involved in creating a valid will. At the Law Offices of Ann Marshall Robbeloth, we regularly address these concerns during consultations and family meetings. Below are answers to some of the most frequently asked questions regarding a legal last will and testament, all of which are essential to a well-rounded estate planning strategy.
Do wills need to be notarized?
No, a will does not need to be notarized to be legally valid in New Jersey or in most other states. However, including a notarized self-proving affidavit with the will can make the probate process smoother. This affidavit affirms that the will was properly signed and witnessed, and it eliminates the need for witnesses to testify in court later. While not required, notarization adds an extra layer of legal assurance and is a common best practice.
What makes a will legal?
A will is considered legally valid when it meets a few basic requirements: it must be in writing, the person making the will (the testator) must be at least 18 years old and of sound mind, it must be signed by the testator, and it must be signed by at least two witnesses who are not beneficiaries. These witnesses help confirm that the testator acted voluntarily and understood the contents of the will. In cases involving elder care or diminished capacity, careful adherence to these rules is especially important to avoid future disputes or claims of undue influence.
How to get a will without a lawyer?
While it is possible to create a will without a lawyer using online templates or software, this approach carries risks. DIY wills often lack key legal elements, may not comply with your state’s specific laws, and might not fully address issues like guardianship, conservatorship, or complex family dynamics. If your estate is simple and you feel confident, a do-it-yourself will might be sufficient. However, for most people—especially those with children, real estate, or blended families—working with an experienced estate planning attorney helps ensure that the will is legally sound and reflects your true intentions.
Does a will need to be recorded?
No, a will does not need to be recorded or filed with the court while you are alive. After your death, the original will must be submitted to the probate court in the county where you lived. At that point, it becomes a matter of public record. Until then, you should keep the will in a secure location, such as a fireproof safe, a bank deposit box, or with your estate planning attorney.
Can I just write my will on a piece of paper?
Technically, yes. In some states, including New Jersey, a handwritten or “holographic” will may be considered valid if it is entirely in your handwriting and signed by you. However, handwritten wills often lead to confusion or legal challenges, especially if they are not witnessed or do not clearly express your intentions. To avoid unnecessary delays in probate or potential conservatorship disputes, it’s best to create a formal will that meets all legal standards.
What happens to a house when the owner dies without a will in NJ?
If someone dies without a will in New Jersey, their assets, including their home, are distributed according to the state’s intestacy laws. These laws give priority to spouses, children, and other close relatives. If the deceased was married and had children, the estate may be divided between the spouse and children, depending on the circumstances. Without a will, decisions about property division can become complicated and may require court involvement, especially if there are disputes among heirs or if minor children are involved—potentially triggering guardianship proceedings.
Who keeps the original copy of a will?
The original will should be stored in a secure but accessible location. The appointed trust administrator or executor should be informed of its location to ensure that it can be quickly submitted to the
What Happens to a House When the Owner Dies Without a Will in NJ
When someone in New Jersey passes away without a legal last will and testament, they are said to have died intestate. This means that their assets, including real estate such as a house, are distributed according to the state’s intestacy laws. In these situations, the process typically begins with the appointment of an administrator by the probate court to handle the estate, which can be more complex and time-consuming than if a trust administrator or executor had been named in a valid will. If the deceased was married and had no children, the surviving spouse usually inherits the entire estate. However, if the deceased had children from another relationship, the estate may be split between the surviving spouse and the children, which can lead to disputes or even guardianship issues if minor children are involved.
Without a clear will, the court may need to make decisions about who inherits the home, and in some cases, the property may need to be sold in order to divide the proceeds among heirs. This can be especially stressful for family members who may have lived in the home or had expectations of inheriting it. Additionally, if a surviving spouse or heir is elderly or incapacitated, the lack of planning may trigger a need for a conservatorship to manage financial or property-related decisions. These situations can become emotionally and financially draining for everyone involved.
At the Law Offices of Ann Marshall Robbeloth, we emphasize the importance of thorough estate planning to prevent these complications. Through proper legal documentation, including a will and possibly a trust, you can ensure that your home and other assets are distributed according to your wishes, while also protecting your loved ones from unnecessary court proceedings. Discussing these matters during family meetings is often a helpful way to make sure everyone understands your intentions, minimizing the risk of future conflict or legal intervention.
Who Keeps the Original Copy of a Will?
Once a legal last will and testament has been properly executed, safeguarding the original document is critical. While copies may exist for reference, only the original will can be submitted to the probate court after death to initiate the administration of the estate. For this reason, deciding where and how to store the will—and who knows where it is—should be a key part of your overall estate planning strategy.
Many individuals choose to store their original will in a fireproof safe at home, in a bank safety deposit box, or with their estate planning attorney. Whichever location is chosen, it is vital that the person named as the executor or trust administrator knows where the original document is kept and has access to it when needed. If the original will cannot be located after death, the court may treat the estate as if no will existed at all, leading to distribution under intestacy laws and potentially triggering unnecessary guardianship, conservatorship, or probate complications.
At the Law Offices of Ann Marshall Robbeloth, we recommend discussing the location and handling of your original estate documents during a structured family meeting. This ensures transparency and minimizes confusion or disputes later. In some cases, we retain the original will on behalf of the client in our secure records system and provide signed copies for the client and the appointed executor. No matter where the will is stored, the key is making sure it can be retrieved when it’s time to carry out your wishes.
Keeping your will accessible but protected is one of the final, essential steps in comprehensive estate planning. It gives your loved ones the clarity and authority they need to respect your legacy without added legal hurdles.
How a Will Fits Into Broader Estate Planning
A legal last will and testament is a fundamental component of a complete estate planning strategy, but it’s only one piece of a much larger picture. While your will outlines how your assets should be distributed and who should care for your minor children, effective estate planning also includes additional legal tools designed to manage your financial, medical, and legal affairs during your lifetime and after your death.
One of the most important companion documents to a will is a revocable living trust. This allows you to transfer ownership of assets to a trust during your lifetime, which can help avoid probate, provide privacy, and make the administration of your estate smoother for your loved ones. In some cases, an irrevocable trust may be used for asset protection, tax planning, or eligibility for long-term care benefits—an important consideration in elder care planning.
Another critical tool is a durable power of attorney for management of financial affairs, which enables someone you trust to make financial decisions on your behalf if you become incapacitated. Similarly, an advance health care directive outlines your medical preferences and appoints a healthcare agent to act on your behalf, ensuring your wishes are respected even when you cannot speak for yourself. These documents are especially valuable in avoiding unnecessary conservatorship proceedings, which can be burdensome for families both emotionally and financially.
Additionally, naming a reliable trust administrator or executor in your will ensures that your estate will be handled with care, competence, and legal authority. These roles come with significant responsibility, from navigating the probate process to settling debts and distributing assets according to your instructions.
At the Law Offices of Ann Marshall Robbeloth, we take a holistic approach to estate planning. We guide our clients through each step, including holding family meetings when appropriate, to clarify roles, set expectations, and minimize the risk of future conflict. When all of these elements—wills, trusts, powers of attorney, and healthcare directives—work together, you can have true peace of mind knowing that your legacy and your loved ones are protected.
Secure Your Legacy with Thoughtful Estate Planning
A legal last will and testament is more than just a document—it’s a vital declaration of your wishes and a key element of responsible estate planning. Whether you’re seeking to protect your family, manage your assets, or ensure that your legacy is passed on according to your values, creating a will provides clarity, control, and peace of mind. It also helps avoid unnecessary probate complications, prevents legal disputes, and supports smoother transitions for your loved ones.
But a will should not stand alone. When combined with tools such as revocable and irrevocable trusts, durable powers of attorney, and advanced health care directives, your plan becomes truly comprehensive. Addressing topics like guardianship, conservatorship, and elder care before a crisis arises ensures your wishes are carried out and your family is not left navigating difficult legal territory. Holding regular family meetings and keeping your trust administrator or executor informed of your intentions further strengthens your plan.
At the Law Offices of Ann Marshall Robbeloth, we are committed to helping individuals and families create personalized estate plans that provide protection and peace for every stage of life. Whether you’re just getting started or updating an existing plan, we’re here to guide you with knowledge, compassion, and clarity.
Contact us today to schedule a consultation and take the first step in securing your future. Let’s work together to ensure your wishes are honored and your loved ones are supported—now and for generations to come.
