How to Create a Trust in New Jersey (2025 Guide)

New Jersey has one of the slowest and most expensive probate systems in the country. If you want to protect your assets, ensure a smooth transfer to your loved ones, and keep your affairs private — a trust is essential. This guide walks you through how to create a valid New Jersey trust — without paying thousands in attorney fees.

10/21/20252 min read

How to Create a Trust in New Jersey (2025 Guide)

New Jersey has one of the slowest and most expensive probate systems in the country. If you want to protect your assets, ensure a smooth transfer to your loved ones, and keep your affairs private — a trust is essential.

This guide walks you through how to create a valid New Jersey trust — without paying thousands in attorney fees.

🔎 What Is a Trust?

A trust is a legal entity that holds your assets. You (the grantor) assign someone (the trustee) to manage those assets for your beneficiaries.

The most common in NJ is the Revocable Living Trust, which allows you to:

  • Avoid probate court

  • Keep your estate private

  • Control your assets while you're alive

  • Distribute your assets automatically when you die

  • Plan for medical or mental incapacity

📍 Step-by-Step: How to Set Up a Trust in New Jersey

1. Choose Your Trust Type

Start with:
✅ Revocable Living Trust

Add-ons available:
☐ Minor’s Trust
☐ Special Needs Trust
☐ Spendthrift Trust
☐ Dynasty / Legacy Trust

✅ TrustGenie includes all of these in one affordable plan.

2. Assign Key Roles

Grantor – You, the person creating the trust
Trustee – Person managing the trust assets (often the grantor)
Successor Trustee – Takes over when the trustee can’t act
Beneficiaries – The individuals or charities receiving the assets

3. List Your Assets

☐ New Jersey real estate (home, condo, rental, land)
☐ Bank and credit union accounts
☐ Investment/brokerage accounts
☐ Life insurance (optional)
☐ Business ownership (LLCs, corporations, etc.)
☐ Vehicles
☐ Jewelry, valuables, collectibles

✅ TrustGenie includes Schedule A + General Assignment forms.

4. Sign and Notarize the Trust (New Jersey Rules)

  • Must be in writing

  • Signed by the grantor

  • Notarization is required

  • Witnesses are not required, but you may add them

✅ TrustGenie includes state-specific signing guidance.

5. Fund the Trust (This Makes It Legally Effective)

☐ File a NJ Quitclaim or Warranty Deed with your county clerk to transfer real estate
☐ Change ownership of bank and brokerage accounts
☐ Assign valuables and personal property using a General Assignment
☐ Update life insurance or retirement beneficiaries (optional)
☐ Keep documentation of all transfers

🚨 An unfunded trust will not protect your assets or avoid probate.

⚠️ Common New Jersey Mistakes

❌ Thinking a will avoids probate (it doesn’t in NJ)
❌ Forgetting to file the new deed for your home
❌ Leaving minors assets directly instead of using a subtrust
❌ Not updating the trust after a divorce, marriage, or new child
❌ Using generic online templates that don’t comply with NJ property laws

💰 Cost of Creating a Trust in New Jersey

Method Average Cost NJ Estate Planning Attorney$3,000 – $6,500 Basic Online Templates$100 – $500 TrustGenie Plan$150/year (includes all NJ-specific documents + deed guides)

🧠 Can You Create Your Own Trust in NJ?

Yes — under New Jersey law, you can create a trust if:

  • It is in writing

  • Signed by the grantor

  • Clearly names a trustee, beneficiaries, and purpose

  • Assets are properly transferred into the trust

✅ TrustGenie handles every step, including updates and annual reviews.

📎 Download: New Jersey Trust Setup Checklist

Stay on track with this printable checklist that includes:

  • NJ-specific signing rules

  • Real estate transfer instructions

  • Trust funding tips

  • Ongoing maintenance reminders

📥 [Download the NJ Trust Checklist]

✅ Ready to Build Your NJ Trust?

Start your New Jersey trust today with TrustGenie — and avoid probate, delays, and attorney fees.

👉 [Create Your NJ Trust – $150/year All-Inclusive Plan]

🔗 Related Posts:

  • [What Happens If You Die Without a Trust in New Jersey?]

  • [How to Transfer Your Home into a Trust in NJ]

  • [Special Needs Planning in NJ: What to Know]

✍️ Written by:

TrustGenie Legal Team
Affordable Trusts — Built Right for New Jersey.