© 2026 SimplyTrust Software Inc.
Compare 2026 California vs New Jersey probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
California sets probate attorney fees by statute as a percentage of the estate, while New Jersey allows negotiable "reasonable" fees. California's $208,850 small estate threshold is much higher than 50,000, allowing more estates to skip formal probate. Probate timelines differ significantly: New Jersey can complete simple estates in 6 months versus 9 months.
What's needed to create and execute a valid last will and testament.
Estimated probate costs including attorney fees, executor fees, and court costs.
With a valid will, you control who inherits - but it requires probate.
How easily you can create and sign your will digitally, including remote notarization options.
California
UETA explicitly excludes wills
SB 696 passed Sept 2023. CA notaries cannot perform RON until tech platform ready (by Jan 1, 2030). CA accepts out-of-state RON under Civ. Code § 1189(b). Prob. Code § 6110 requires witnesses "present at the same time."
New Jersey
UETA excludes wills; RON explicitly prohibited for wills (RIN only). Physical witnesses required.
RON authorized but N.J.S.A. 52:7-10.9 PROHIBITS RON for wills - only RIN (wet signature, remote notary) allowed. Witnesses must be physically present per N.J.S.A. 3B:3-2.
How to modify your will after it's been signed and executed.
California
Requires creating a new will or codicil with the same execution requirements. California does not authorize electronic wills.
New Jersey
Requires creating a new will or codicil with the same execution requirements. New Jersey does not authorize electronic wills.
This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.
California offers transfer-on-death deeds for real estate, while New Jersey does not have this option.
Neither California nor New Jersey requires witnesses or notarization for trust execution. Many banks and title companies do require notarized trust documents before accepting them.
California offers transfer-on-death deeds, which pass real estate to beneficiaries without probate and without a trust. New Jersey does not have TOD deeds, so trusts are the primary probate-avoidance tool for real property there.
New Jersey has adopted the Uniform Trust Code (UTC), which provides standardized trust administration rules used by most states. California uses its own trust code. UTC states share consistent rules for things like trustee duties, beneficiary rights, and trust modifications.
Guides covering California and New Jersey estate planning laws.
Explore related tools and documents to complete your estate plan.
Transfer assets to your existing trust. State execution requirements included.
Create a free, state-specific will with witness and notarization requirements included.
Find out if a revocable trust makes sense based on your state's laws.
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).
Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.