TOMS RIVER, NJ - Families across New Jersey face important decisions when choosing between wills and revocable living trusts to protect their assets and provide for loved ones. New Jersey estate planning attorney Christine Matus of The Matus Law Group (https://matuslaw.com/should-i-have-a-will-or-a-trust-in-new-jersey/) explains how each document functions, when one may be more appropriate than the other, and why many comprehensive estate plans include both.
According to New Jersey estate planning attorney Christine Matus, a will is a legal document that directs asset distribution after death and names guardians for minor children, while a revocable living trust allows individuals to manage property during their lifetime and transfer assets to beneficiaries without going through probate. Under the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.), trusts must meet specific requirements for creation, operation, and termination. "Many families benefit from using both a will and a trust together, because each document serves a different purpose in the overall estate plan," explains Matus.
New Jersey estate planning attorney Christine Matus notes that the probate process is one of the most significant practical differences between these two documents. Wills must go through probate at the Surrogate Court, which adds time, expense, and public visibility to estate administration. Assets held in a properly funded revocable living trust, by contrast, pass directly to beneficiaries without court involvement. The probate process typically takes several months to over a year depending on the complexity of the estate.
Attorney Matus highlights that a revocable living trust offers additional advantages beyond probate avoidance. Individuals who create a revocable living trust typically serve as their own trustee, maintaining full control over their assets during their lifetime. If the grantor becomes incapacitated, a designated successor trustee can immediately take over management of trust assets without the need for court proceedings. "A will provides no help during incapacity because it only activates at death," Matus notes. "A trust consolidates both lifetime management and after-death distribution into a single document."
The Matus Law Group advises that trusts are particularly valuable in several specific situations. Individuals who own real estate in multiple states may face separate probate proceedings in each jurisdiction without a trust. Business owners benefit from the continuity a trust provides, as business interests can transfer smoothly without probate delays. Families with beneficiaries who need long-term financial management, including those with special needs, can use trust provisions to distribute property over time rather than in a single lump sum.
Despite these advantages, Attorney Christine Matus acknowledges that living trusts involve higher upfront costs and ongoing maintenance. Establishing a trust requires drafting a detailed trust document and transferring ownership of property into the trust by retitling assets. Every time new property is acquired, it must be retitled in the trust's name. If an asset is not properly transferred, that property will still require probate. "A living trust does not guarantee complete probate avoidance," Matus explains. "Any property not titled in the trust when a person dies must still pass through the Surrogate Court."
Matus points out that a will remains essential even when a trust is the primary planning tool. A will is the only document that can name a guardian for minor children. Many trust-based estate plans include a pour-over will, which directs any property not already held in the trust to be transferred into it after death. While those assets must still go through probate first, the pour-over will ensures they ultimately reach the trust and are distributed according to its terms. This prevents unintended distributions under New Jersey intestacy laws.
Under New Jersey law, both wills and trusts require the person creating them to be at least 18 years of age and of sound mind. A valid will must be in writing, signed by the testator, and witnessed by at least two individuals who sign within a reasonable time after witnessing the signing or the testator's acknowledgment. "Individuals who die without a will or trust have no control over who receives their property," advises Matus. "New Jersey's intestacy statutes determine inheritance, and the results may not reflect the person's actual wishes."
For those considering how to structure their estate plan, consulting with an experienced estate planning attorney may help clarify which combination of documents provides the most effective protection for their assets and family.
About The Matus Law Group:
The Matus Law Group is a New Jersey-based law firm dedicated to estate planning and administration. Led by attorney Christine Matus, the firm helps families throughout Monmouth County and the surrounding areas create comprehensive plans that protect assets and provide for loved ones. With offices in Toms River and Red Bank, the firm serves clients across New Jersey. For consultations, call (732) 785-4453.
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