Declaration of Trust — New Jersey UTC Adopted
State-specific requirements for creating a Declaration of Trust in New Jersey.Create yours now →
Certificate of Trust · At a glance
New Jersey · summary of the record on file
N.J.S.A. 3B:31-1 through 3B:31-84 (New Jersey Uniform Trust Code), enacted 2015 (P.L. 2015, c. 276), effective January 1, 2016; codified in Title 3B of the New Jersey Revised StatutesCitation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: New Jersey does not require notarization or witnesses for a trust to be valid under the NJ Uniform Trust Code.
- Witnesses: New Jersey does not require notarization or witnesses for a trust to be valid under the NJ Uniform Trust Code.
- Recording: For real property transactions, recording may be required.
- Source URL: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/3735/4575
- Last verified: 2026-09-17
- Legal review: Not performed
Governing Statute
N.J.S.A. 3B:31-1 through 3B:31-84 (New Jersey Uniform Trust Code), enacted 2015 (P.L. 2015, c. 276), effective January 1, 2016; codified in Title 3B of the New Jersey Revised Statutes
Execution Requirements
New Jersey does not require notarization or witnesses for a trust to be valid under the NJ Uniform Trust Code. However, notarization is strongly recommended and often required by financial institutions. The certification of trust under N.J.S.A. 3B:31-81 must be signed by all currently acting trustees. For real property transactions, recording may be required. New Jersey allows remote online notarization (RON). No specific witness requirement for trust execution under the NJ UTC. Revocable trusts require the settlor's signature and delivery to the trustee. Trust amendments must comply with the method specified in the trust instrument.
Business Trust Treatment
New Jersey does not have a specific business trust statute modeled on the Massachusetts business trust. Business trusts in New Jersey are governed by common law principles and general trust law under the NJ UTC. New Jersey treats business trusts as unincorporated business organizations under common law. The NJ UTC applies to express trusts, including those created for business purposes. New Jersey does not have a separate statutory business trust registration framework like Delaware or New Hampshire. Business trusts may be subject to New Jersey's corporate business tax if they conduct business in the state.
Favorable Trust Laws
New Jersey offers several favorable trust law features. (1) Dynasty Trusts: N.J.S.A. 46:2F-9 abolished the rule against perpetuities for both real and personal property, allowing perpetual dynasty trusts. The common law rule against perpetuities is not in force in New Jersey. (2) Trust Modification: The NJ UTC provides robust mechanisms for modification and termination of irrevocable trusts, including by consent of settlor and qualified beneficiaries (N.J.S.A. 3B:31-27), modification due to unanticipated circumstances (3B:31-28), and modification to achieve tax objectives. (3) Tax Treatment: New Jersey imposes a state income tax on trust income for resident trusts (where at least one trustee is a NJ resident), which is less favorable than states like NH or SD. New Jersey also has an inheritance tax for certain beneficiary classes (Class C and D). (4) No self-settled asset protection trust statute. (5) Decanting: NJ does not have a specific decanting statute but allows trustee modification powers under the UTC.
Unique Factors
New Jersey's most notable trust law feature is the complete abolition of the rule against perpetuities (N.J.S.A. 46:2F-9), allowing perpetual dynasty trusts. The NJ UTC closely follows the model UTC with state-specific modifications, particularly in fiduciary duties and beneficiary information rights. New Jersey imposes an inheritance tax (unique among states, applying to Class C and D beneficiaries), which affects trust distributions. The NJ UTC's requirement that ALL currently acting trustees sign the certification of trust (not just any trustee, as in the model UTC) is a notable departure. New Jersey also has a strong body of trust case law predating the UTC adoption. The state's trust code includes provisions for virtual representation (3B:31-15 et seq.) and nonjudicial settlement agreements.
Certification of Trust in New Jersey
N.J.S.A. 3B:31-81. Instead of furnishing the trust instrument to a non-beneficiary, the trustee may furnish a certification of trust containing: (1) that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke; (6) the authority of co-trustees to sign and whether all or less than all are required to exercise trustee powers; (7) the name in which title to trust property may be taken. The certification must be signed by ALL persons identified as currently acting as trustee (not just any trustee). It must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. It need not contain the dispositive terms. A recipient may require the trustee to furnish excerpts from the trust instrument designating the trustee and conferring power to act. A person acting in reliance without knowledge of incorrectness is not liable. NJ does not include the trust's taxpayer identification number or the manner of taking title (only the name for title) in its required contents, unlike the model UTC.
Already have a trust? You may also need a Certificate of Trust for New Jersey to prove its existence to banks and institutions.
How a Declaration of Trust works in New Jersey
A declaration of trust in New Jersey is the written instrument that creates a trust under the New Jersey Uniform Trust Code, N.J.S.A. 3B:31-1 through 3B:31-84, effective January 1, 2016. The settlor signs the instrument, stating an intent to hold property for named beneficiaries and appointing a trustee to manage it. New Jersey does not require witnesses for trust execution, and notarization is not mandated by statute for the trust instrument itself, though it is strongly recommended and often required by financial institutions. The trust becomes active when it is funded: real property moves by a new deed to the trustee, and bank and brokerage accounts are retitled in the name of the trust or trustee. A successor trustee named in the document takes over if the acting trustee steps down, becomes incapacitated, or dies.
Frequently asked questions
Does New Jersey require notarization or witnesses for a trust instrument?
Under the New Jersey Uniform Trust Code, the trust instrument does not require witnesses or notarization for validity. However, notarization is strongly recommended and often required by financial institutions. N.J.S.A. 3B:31-81 requires the certification of trust to be signed by all currently acting trustees. For real property transactions, recording may be required. New Jersey allows remote online notarization (RON). No specific witness requirement for trust execution exists under the NJ UTC. Revocable trusts require the settlor's signature and delivery to the trustee.
Can a New Jersey trust last forever, and does New Jersey allow asset protection trusts?
New Jersey abolished the rule against perpetuities under N.J.S.A. 46:2F-9, allowing perpetual dynasty trusts for both real and personal property. The common law rule against perpetuities is not in force in New Jersey. New Jersey does not have a self-settled asset protection trust statute. New Jersey imposes a state income tax on trust income for resident trusts where at least one trustee is a New Jersey resident. New Jersey also has an inheritance tax for certain beneficiary classes.
What goes in a certification of trust under N.J.S.A. 3B:31-81?
The certification may confirm the trust's existence and date of execution, the identity of the settlor and acting trustee, the trustee's powers, whether the trust is revocable or irrevocable, the authority of co-trustees, and the name in which title to trust property may be taken. The certification must be signed by all persons identified as currently acting as trustee and must state the trust has not been revoked or amended in any manner that would cause the representations to be incorrect.
How does New Jersey treat business trusts?
New Jersey does not have a specific business trust statute modeled on the Massachusetts business trust. Business trusts in New Jersey are governed by common law principles and general trust law under the NJ UTC. New Jersey treats business trusts as unincorporated business organizations under common law. The NJ UTC applies to express trusts, including those created for business purposes.
Common mistakes
Common issues include assuming New Jersey law requires witnesses for trust execution (it does not), and leaving the trust unfunded so that property never actually moves into it through a new deed or retitled accounts. Another frequent mix-up is assuming any single trustee can sign the certification: New Jersey requires ALL currently acting trustees to sign the certification under N.J.S.A. 3B:31-81, which is stricter than the model UTC. People also assume New Jersey is a favorable trust situs overall; while it abolished the rule against perpetuities, it imposes a state income tax on trust income for resident trusts and an inheritance tax for certain beneficiary classes. The NJ UTC's requirement that all trustees sign the certification is a notable departure from the model UTC and is frequently overlooked.
New Jersey notes
New Jersey operates under the New Jersey Uniform Trust Code, N.J.S.A. 3B:31-1 through 3B:31-84, enacted in 2015 and effective January 1, 2016. The certification of trust statute is N.J.S.A. 3B:31-81, which requires all currently acting trustees to sign the certification. New Jersey abolished the rule against perpetuities under N.J.S.A. 46:2F-9, allowing perpetual dynasty trusts. New Jersey does not allow self-settled asset protection trusts. New Jersey imposes a state income tax on trust income for resident trusts and an inheritance tax for Class C and D beneficiaries. Business trusts are generally treated under common law without a dedicated statutory business trust registration framework. The NJ UTC closely follows the model UTC with state-specific modifications in fiduciary duties and beneficiary information rights.