In New Jersey, if someone dies without a valid will, their estate is subject to intestate succession laws, which dictate how property and assets are distributed. Without a clear legal directive, the process can become complex, leading to outcomes that may not align with the deceased’s wishes. This post explains how intestate succession works in New Jersey and what beneficiaries can expect.
What Is Intestate Succession?
When someone dies intestate, it means they did not leave a legally binding will. In such cases, the New Jersey Probate Court oversees the distribution of the estate, following state law to determine who inherits the deceased’s property. Only assets owned solely by the deceased are subject to intestate rules. Jointly held assets, life insurance policies with named beneficiaries, and retirement accounts generally pass directly to co-owners or beneficiaries.
Who Inherits in the Absence of a Will?
The division of assets under intestate succession depends on the deceased’s family structure. Here is how New Jersey law distributes the estate in various family situations:
Surviving Spouse or Domestic Partner
- If there are no children or parents: The spouse inherits the entire estate.
- If there are children only from the marriage: The spouse receives 100% of the estate.
- If the deceased has children from another relationship: The spouse receives the first $50,000 plus half of the remaining estate; the children split the rest.
- If the deceased’s parents survive and there are no children: The spouse inherits the first $25,000 plus half of the remaining estate, with the parents taking the rest.
Children Without a Surviving Spouse
If there is no surviving spouse, the entire estate is divided equally among the children. If any child has predeceased the parent, that child’s descendants (the deceased’s grandchildren) will inherit their share.
Parents of the Deceased
If the deceased leaves no spouse, children, or grandchildren, the estate passes to the parents.
Siblings and Extended Family
If no spouse, children, or parents survive, the estate passes to the deceased’s siblings. If no siblings survive, more distant relatives, such as nieces, nephews, or cousins, may inherit.
What Happens to Unclaimed Estates?
If no family members can be located, the deceased’s estate will escheat to the state of New Jersey. This means the state becomes the legal owner of the assets. Although this is rare, it emphasizes the importance of estate planning.
The Probate Process in Intestate Cases
When there is no will, the Surrogate Court appoints an administrator to oversee the estate. This role is typically filled by a close family member. The administrator ensures that outstanding debts and taxes are paid before distributing the remaining assets according to New Jersey’s intestate succession laws.
Why Having a Will Is Important
Without a will, the state decides how your assets are divided, which may not reflect your wishes. Creating a will allows you to:
- Choose your beneficiaries.
- Name a guardian for minor children.
- Appoint an executor to manage your estate.
- Minimize potential family disputes.
Conclusion
Dying without a will in New Jersey means your estate is distributed according to the state’s intestate succession laws, which may not align with your preferences. To avoid uncertainty and ensure your loved ones are cared for according to your wishes, it is essential to create a will and keep it up to date. Estate planning is a straightforward process that offers peace of mind for you and your family.
