Do I Need a Transfer on Death Deed in New Jersey?
New Jersey does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
No. New Jersey does not allow transfer on death deeds. New Jersey has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. TOD deeds for real estate are not authorized in NJ.
Because New Jersey has no TOD deed, real property passes outside probate through: Revocable living trust (N.J.S.A. 3B:31-1 et seq., Uniform Trust Code); Joint tenancy with right of survivorship (N.J.S.A. 46:3-17, 46:3-17.1 — must be expressly declared in the deed); Tenancy by the entirety (married couples only, N.J.S.A. 46:3-17.2, 46:3-17.5); Life estate deed (reserving a life estate with remainder to a beneficiary — N.J.S.A. 46:3-13; life estate + remainder recognized at N.J.S.A. 2A:56-39, 54:36-1). The New Jersey trust vs. will comparison sets the routes side by side.
35 jurisdictions allow a transfer on death deed for real property; New Jersey is not one of them. A revocable living trust does the same work in every state and covers the other assets as well.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in New Jersey
Free forms for planning your estate in New Jersey: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
New Jersey allows a choice for a healthcare power of attorney: 2New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care sample Proxy Directive (published by the NJ Department of Health; not codified in statute)Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
New Jersey requires explicit durability language for a power of attorney to survive incapacityN.J.S.A. §§ 46:2B-8.1 to 46:2B-8.14 (Revised Durable Power of Attorney Act); R.S. 46:14-2.1; R.S. 46:14-6.1; N.J.S.A. §§ 3B:14-61.9, 3B:14-61.10 (RUFADAA)Verified Sep 18, 2026View source, and it is signed before a notaryN.J.S.A. §§ 46:2B-8.1 to 46:2B-8.14 (Revised Durable Power of Attorney Act); R.S. 46:14-2.1; R.S. 46:14-6.1; N.J.S.A. §§ 3B:14-61.9, 3B:14-61.10 (RUFADAA)Verified Sep 18, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In New Jersey, the living will is the Instruction DirectiveN.J.S.A. 26:2H-53 to 26:2H-78 (New Jersey Advance Directives for Health Care Act, L.1991, c.201)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Last Will and Testament
In New Jersey, a will is signed before 2N.J.S.A. 3B:3-2Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyN.J.S.A. 3B:3-2Verified Oct 19, 2026View source.
Tools for Planning Your Estate in New Jersey
Free tools for planning your estate in New Jersey: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
New Jersey allows a transfer-on-death beneficiary designation on a vehicle titleN.J.S.A. 39:3-30.1bVerified Aug 25, 2026View source, filed through the New Jersey Motor Vehicle Commission (MVC).
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in New Jersey runs $4,440Estimate: 10 hours at $444, Clio's New Jersey Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,660Estimate: 15 hours at $444, Clio's New Jersey Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,305Estimate: 3 hours at $435, Clio's New Jersey Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,610Estimate: 6 hours at $435, Clio's New Jersey Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In New Jersey, four years at a public university cost about $117,568NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 9% above the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; an inheritance tax falls on beneficiariesN.J.S.A. 54:34-1, 54:34-2, 54:34-4Verified Sep 15, 2026View source by relationship.
Are My Beneficiary Designations Protected?
New Jersey automatically revokes an ex-spouse as beneficiary at divorceN.J.S.A. 3B:3-14Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in New Jersey costs an estimated $35,885R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source. Attorney fees run 2.4%R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source to 3.9%R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in New Jersey, a surviving spouse takes the entire estateN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationN.J.S.A. § 3B:5-4, § 3B:5-6Verified Sep 10, 2026View source.
When you're ready, we're here.
New Jersey Estate Planning Resources
In-depth guides covering New Jersey probate laws, trust requirements, and estate planning strategies.