A Practice of Jacobs Counsel LLCServing NY · NJ · OH — Vol. 2026
Legacy Counsel
New Jersey Estate PlanningLegacy Counsel

New Jersey Estate Planning Attorney

New Jersey is one of the few states that still imposes an inheritance tax on transfers to certain classes of beneficiaries. A plan that works in New York or Pennsylvania can quietly cost a New Jersey family tens of thousands of dollars if it ignores the Class A / C / D rules, the surrogate's court process, or the way New Jersey treats jointly held property.

Key Points

  • New Jersey has no state estate tax (repealed in 2018) but retains the inheritance tax on Class C and Class D beneficiaries
  • Transfers to spouses, children, grandchildren, and parents (Class A) are exempt from NJ inheritance tax
  • Surrogate's court process is relatively efficient — most uncontested estates probate in weeks
  • Revocable living trusts are useful for privacy, incapacity, and out-of-state real property, less for probate avoidance
  • Federal estate tax planning still matters for estates over the federal basic exclusion amount (approximately $15M per individual in 2026 under current federal law, subject to change)

How New Jersey inheritance tax actually works

New Jersey taxes transfers based on the relationship between the decedent and the beneficiary. Class A (spouse, child, grandchild, parent, stepchild) pays nothing. Class C (siblings, son/daughter-in-law) pays 11–16% above a $25,000 exemption. Class D (everyone else — nieces, nephews, friends, partners not in a civil union) pays 15–16% from the first dollar.

The tax applies to anything that passes at death, including life insurance paid to the estate, joint accounts, and POD/TOD designations. Strategy matters: a $500,000 bequest to a niece costs $80,000 in NJ inheritance tax that a $500,000 bequest to a child does not.

Probate in New Jersey

New Jersey's county surrogate system is unusually fast and cheap compared to most states. For an uncontested will, the executor can be qualified within 10 days of death. This is one reason revocable living trusts in NJ are sold on privacy and incapacity planning grounds, not probate avoidance — the probate avoidance argument that works in Florida or California is weaker here.

What we typically build for NJ families

A core NJ estate plan is a pour-over will, revocable living trust, durable financial power of attorney, advance directive (combined health-care proxy and living will), and HIPAA authorization. For higher-net-worth NJ families we layer on ILITs, SLATs, and dynasty trusts sited in friendlier jurisdictions to escape NJ's income tax on accumulated trust income.

Frequently Asked

Does New Jersey have an estate tax?+

No. New Jersey repealed its state estate tax effective January 1, 2018. However, the New Jersey inheritance tax still applies to transfers to Class C and Class D beneficiaries.

Who pays New Jersey inheritance tax?+

Class C beneficiaries (siblings, son/daughter-in-law) pay 11–16% above a $25,000 exemption. Class D beneficiaries (nieces, nephews, friends, unmarried partners, and anyone not in Class A, C, or E) pay 15–16% from the first dollar. Class A (spouses, children, grandchildren, parents, stepchildren) and Class E (qualified charities) pay nothing.

Do I need a revocable living trust in New Jersey?+

Not for probate avoidance — New Jersey's surrogate system is fast. RLTs are still valuable in NJ for privacy, incapacity planning, owning real property in other states (avoiding ancillary probate), and as a vehicle for blended-family or second-marriage planning.

How much does estate planning cost in New Jersey?+

Every NJ engagement is fixed-fee, quoted in writing after a scoping call. Foundational plans (will, trust, POA, advance directive, HIPAA) are scoped separately from higher-net-worth planning with ILITs, SLATs, or business succession. Get a quote tailored to your situation.

Related

Next Step

Talk to Legacy Counsel.

Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.

Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.

Prospective Client Disclaimer. Submitting this form does not create an attorney-client relationship. Do not send confidential or time-sensitive information until we have signed an engagement letter. We will review your submission and follow up to discuss whether we can represent you. By submitting, you consent to be contacted about your inquiry.