New_jersey Statute | Act | Code |Title 3b Administration Of Estates--decedents And Others| US Code - US Statute

3B:3-2. Execution; witnessed wills; writings intended as wills. 3B:3-2. Execution; witnessed wills; writings intended as wills. a. Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be: (1) in writing; (2) signed by the testator or in the testator@s name by some other individual in the testator@s conscious presence and at the testator@s direction; and (3) signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator@s acknowledgment of that signature or acknowledgment of the will. b. A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator@s handwriting. c. Intent that the document constitutes the testator@s will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator@s handwriting. Amended 2004, c.132, s.9; 2005, c.160, s.2. 3B:3-2.1 Creation, maintenance of will registry; fees. 1. a. The Secretary of State shall create and maintain a will registry in which a testator or his attorney may register information regarding the testator@s will. The information contained in such registry shall include the name of the person making the will, the date the will was made, and sufficient identification of the location of the will at the time of registration. The registry shall not contain a copy of the will. b. The fee for registration of a will shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. c. The existence or nonexistence of a registration for a particular will shall not be considered as evidence in any proceeding relating to such will, and the failure to file information about a will in the will registry shall not be a factor in determining the validity of the will. d. The fee for application to the Secretary of State to conduct a search of the registry shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. Only interested persons and their representatives may conduct a search of the registry. As used in this act, ~interested persons~ means children, spouses, potential heirs, devisees, fiduciaries, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. e. The Secretary of State shall not be liable for the accuracy of the representation of the person conducting a search of the registry or for the accuracy of the information contained in the registry. L.2005,c.97,s.1. 3B:3-2.2 Regulations. 2. The Secretary of State shall promulgate regulations pursuant to the provisions of the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act. L.2005,c.97,s.2.

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