NJ risk area
Complexity triggers in New Jersey
Scenarios that increase estate risk, such as blended families or multi-state property.
New Jersey provides a spousal elective share of the augmented estate and a statutory exemption of personal property for the decedent’s family.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse (or eligible partner) can elect a one-third share of the augmented estate.
- Personal property and wearing apparel reserved for the family are set aside before distribution to creditors.
Questions to consider
Questions this risk area helps you evaluate in New Jersey
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
New Jersey provides a spousal elective share of the augmented estate and a statutory exemption of personal property for the decedent’s family.
- A surviving spouse (or eligible partner) can elect a one-third share of the augmented estate.
- Personal property and wearing apparel reserved for the family are set aside before distribution to creditors.
Sources
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-8-1/
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-16-5/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in New Jersey.