New Jersey Living Trust Template

A living trust created in New Jersey allows the grantor to transfer assets into a trust during their lifetime, naming a trustee to manage those assets and a successor trustee to distribute them to beneficiaries after death — all without going through New Jersey's probate process. Under New Jersey Uniform Trust Code, N.J.S.A. §3B:31, New Jersey governs the creation, administration, and termination of revocable living trusts. New Jersey is a equitable distribution state — a distinction that directly affects how marital assets are titled in the trust. In New Jersey, $50,000 for personal property (simplified procedure); all real property requires administration, making a living trust particularly valuable for estates that exceed this limit. Regarding taxation, New Jersey has no state estate tax (repealed 2018); inheritance tax still applies: 0% (Class A — spouse, children), 11-16% (Class C — siblings), 15-16% (Class D — others).

Without a living trust, New Jersey estates may face a lengthy and expensive probate process. In New Jersey, probate costs typically include "reasonable" attorney fees; typically 2-5% of estate value. No trust registration required in New Jersey. Every asset must be formally re-titled in the trust's name — an unfunded living trust provides no probate avoidance. A complete estate plan pairs a living trust with a pour-over will and a power of attorney for lifetime incapacity protection.