What is the Law for Intestacy in New Jersey?

An estate plan helps to ensure that you keep control over your own property and assets. If you pass away without a will in New Jersey, you will be classified as “intestate.” That means that state law will determine who inherits what. You will effectively give up that authority. Here, our Monmouth County estate planning lawyer provides a guide to intestacy laws in New Jersey.

Know the Basics: Intestacy Laws Govern Property Not Transferred by a Will or Other Means

A person is intestate if he or she does not have a will. Under New Jersey law (N.J.S.A. 3B:5-2), any portion of a decedent’s estate that is not effectively disposed of by a will (or other valid means) passes through intestate succession. Notably, a person can therefore die completely intestate or partially intestate if a will fails to address certain probate property. To be clear, intestacy generally only applies to assets that become part of the probate estate. That means certain assets can pass without regards to intestate rules even without a will, including:

• Jointly owned property with survivorship rights;
• Life insurance proceeds;
• Retirement accounts;
• payable-on-death accounts;
• Assets controlled by valid beneficiary designations.

A Surviving Spouse’s Share Depends on the Family Structure

A key point to know about intestate succession in New Jersey is that the surviving spouse, if there is one, is in the dominant position. Indeed, N.J.S.A. 3B:5-3 gives substantial protection to a surviving spouse, civil union partner, or qualifying domestic partner. The survivor receives the entire intestate estate when the decedent leaves no surviving descendants or parents. The survivor also takes everything when all of the decedent’s descendants are shared descendants of the couple and the survivor has no descendants from another relationship.

Other Heirs Take According to a Statutory Order of Priority

Any property not passing to a surviving spouse or partner is distributed under New Jersey law (N.J.S.A. 3B:5-4). The first priority is the decedent’s descendants, who inherit “by representation.” The method divides the estate at the nearest generation containing at least one surviving descendant and preserves shares for the descendants of deceased family members.

If there are no descendants, the estate passes to the decedent’s parents equally, or entirely to the surviving parent. The next classes include descendants of the decedent’s parents, such as siblings, nieces, and nephews, followed by grandparents and their descendants. If no qualifying blood relatives exist, stepchildren and their descendants may inherit.

A Surrogate Must Appoint an Administrator to Settle the Estate 

Because there is no will naming an executor, an interested relative must apply to the Surrogate’s Court in the county where the decedent resided. New Jersey law establishes priority among relatives seeking appointment, generally beginning with the surviving spouse, followed by children, parents, siblings, and more remote next of kin.

Contact Our New Jersey Estate Planning Lawyer Today

At Poulos LoPiccolo PC, our New Jersey estate planning attorney is standing by, ready to protect your rights. If you have any questions about intestacy planning, please do not hesitate to contact us today for a completely confidential consultation. With an office in Monmouth County, our firm handles estate planning matters throughout New Jersey.