When a person dies without a valid will in New Jersey, they are considered to have died “intestate.” In these situations, New Jersey law determines who inherits the deceased person’s property and who will handle the estate. Many families are surprised to learn that without a will, loved ones may not receive assets in the way the deceased intended.
The first step in an intestate estate is the appointment of an administrator. This person is similar to an executor but is chosen by the Surrogate’s Court because no executor was named in a will. Typically, a surviving spouse or adult child petitions the court to serve in this role. The administrator is responsible for gathering assets, paying debts and taxes, and distributing property according to New Jersey intestacy laws.
Under New Jersey law, inheritance depends on the deceased person’s family structure.
Spouse only OR Spouse & children from your current marriage: Your spouse inherits your entire estate.
Spouse & children from a prior relationship: Your spouse receives the first 25% of the estate (but not less than
$50,- Children: Your children inherit everything, divided equally. Grandchildren only inherit if their parent is deceased.
- Parents: If no children or descendants survive you, your parents inherit your entire estate.
- Siblings: If your parents are deceased, your brothers and sisters inherit equally.
- Extended Family: If none of the above are alive, the state looks for the closest living relatives, starting with nieces and nephews.
One common misconception is that the state automatically takes a person’s property if there is no will. In reality, the state only receives the estate if no legal heirs can be found. Most estates pass to surviving relatives under the intestacy statutes.
Dying without a will can also create delays, confusion, and family disputes. Loved ones may disagree about who should serve as administrator or how certain property should be handled. In some cases, family members who expected to inherit may receive nothing under the law. Unmarried partners or other special individuals you may wish to consider in your planning do not inherit through intestacy.
Additionally, some assets are not controlled by a will or intestacy laws at all. Life insurance policies, retirement accounts, and jointly owned property often pass directly to named beneficiaries or surviving co-owners. This is why reviewing beneficiary designations is an important part of estate planning.
Creating a will allows individuals to decide who should inherit their property, who should manage the estate, and who should care for minor children. Estate planning can also help reduce stress for loved ones during an already difficult time.
While many people delay estate planning because they believe they are too young or do not have significant assets, nearly everyone can benefit from having a basic will and related documents in place, particularly making sure you also have a power of attorney and living will to make sure you’re taken care of if you’re alive but incapacitated. A carefully prepared estate plan provides clarity, protection, and peace of mind for everyone. Call to schedule a free consult today 856-227-7888.