NJ risk area
Intestacy risk in New Jersey
How assets are distributed when there is no will and state default rules control the outcome.
New Jersey intestacy gives the surviving spouse a statutory percentage plus a minimum/maximum dollar amount in many cases, with the remainder passing to descendants or other heirs.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there is no surviving descendant or parent, or all descendants are shared with the spouse and the spouse has no other descendants, the spouse inherits the entire estate.
- If no descendants survive but a parent does, the spouse receives the first 25% (minimum $50,000, maximum $200,000) plus three-fourths of the balance.
- If any descendant is not the spouse's or the spouse has other descendants, the spouse receives the first 25% (minimum $50,000, maximum $200,000) plus one-half of the balance.
- Any remaining estate passes to descendants, then parents, then descendants of parents and more remote relatives in statutory order.
Questions to consider
Questions this risk area helps you evaluate in New Jersey
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
New Jersey intestacy gives the surviving spouse a statutory percentage plus a minimum/maximum dollar amount in many cases, with the remainder passing to descendants or other heirs.
- If there is no surviving descendant or parent, or all descendants are shared with the spouse and the spouse has no other descendants, the spouse inherits the entire estate.
- If no descendants survive but a parent does, the spouse receives the first 25% (minimum $50,000, maximum $200,000) plus three-fourths of the balance.
- If any descendant is not the spouse's or the spouse has other descendants, the spouse receives the first 25% (minimum $50,000, maximum $200,000) plus one-half of the balance.
- Any remaining estate passes to descendants, then parents, then descendants of parents and more remote relatives in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-5-3/
- https://codes.findlaw.com/nj/title-3b-administration-of-estates-decedents-and-others/nj-st-sect-3b-5-4/
- https://law.justia.com/codes/new-jersey/2018/title-3b/section-3b-5-1/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in New Jersey.