Creating a Will:

There are certain formalities that you have to follow when you actually execute a will. In New Jersey you need two witnesses to -- to be there to execute the will. You as the testator have to read the will and in a formal way declare in front of those witnesses that you have read it and that this is the way you want your property to be disposed of in the event of your death. At that point you sign it, and you must sign it in front of those witnesses and in the same room at the same time. When the two witnesses sign off on it, it is possible thereafter that there’ll be something called a self-proof provision which will be added to the will. You as the testator then signs underneath it that you are indeed in your sound mind and that you have disposed of your property exactly the way you want it according to this will. Then the witnesses witness that statement again. So they sign twice as you do. In that case -- and I think it’s advisable to have a self-proof provision, because in that case you never have to find your witnesses again.

Used to be when I started out practice thirty years ago we had to chase around sometimes to find one of those two witnesses to probate a will. And I remember distinctly that we had to go out one time to Utah to find somebody and fly them in to be the executor. No more. As long as you have that self-proof provision you’re good. When you follow these formalities in a careful way that will can be probated. If you don’t follow those provisions, a will which is otherwise a valid will may just be rejected by the surrogate.