A practice of Jacobs Counsel LLCLicensed in New York, New Jersey & Ohio
Legacy Counsel

New Jersey Estate Planning

New Jersey Estate Planning Attorney

A New Jersey plan should make the important decisions clear: who can act for you, who receives your property, and how the documents and beneficiary forms work together.

What this comes down to

  • New Jersey has no estate tax for deaths on or after January 1, 2018. Its inheritance tax remains.
  • Inheritance tax depends on the beneficiary's relationship to the deceased, the assets transferred, and domicile.
  • A trust should solve a specific planning need. It is not necessary for every family.

Start with the people and the property

A will addresses the property that passes through your estate and can nominate guardians for minor children. A financial power of attorney and health-care documents address decisions during your lifetime. We review those roles alongside account ownership, beneficiary forms, real estate and any business interests.

A trust may help with incapacity, privacy, property in another state, or managing an inheritance over time. The decision depends on the assets and people involved, including the work required to fund and administer it.

Understand the inheritance tax

New Jersey's inheritance tax treats beneficiary classes differently. Certain close family members are exempt; transfers to other recipients can create tax and filing obligations. Exemptions also depend on the asset and the circumstances of the transfer.

A beneficiary designation can avoid probate without resolving inheritance tax. We review the intended recipients and assets with your tax advisor before changing ownership or making gifts. Federal tax and another state's rules may also matter.

Plan for implementation

Signing is one step. The engagement should also identify who handles deeds, account changes, beneficiary updates and any continuing advice. A move, a property purchase, a marriage or a change in family circumstances is a reason to review the plan.

Probate requirements and timing depend on the county, the documents and the estate. We assess whether a trust offers a useful benefit without promising a particular court timetable.

Sources checked September 7, 2026: NJ Division of Taxation: inheritance and estate tax. General information; the applicable rules and any tax filings depend on the facts.

Questions we get

Do I need a living trust in New Jersey?

It depends on your assets and goals. Incapacity planning, property in another state and managing a beneficiary's inheritance can support using a trust. A will-based plan may suit other families.

Are all transfers to relatives exempt from inheritance tax?

No. The beneficiary class and the particular transfer matter. We confirm the current rules for the year of death and your circumstances.

Can you review documents from another state?

Yes. A review considers the documents, their execution, your current residence and assets, and whether the people named can still serve. Any replacement work is scoped separately.

Related

Start with a conversation.

Begin with the complimentary fit-and-intake call with Jamee, or book a paid attorney strategy session with Drew.

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.