Detailed Answer — How New Jersey handles an estate when there is no will
When a person dies without a valid will (called dying intestate), New Jersey law provides rules for who inherits and how the decedent’s property is transferred. Whether you must open a formal probate (called estate administration) in the county Surrogate’s Court depends on what the decedent owned, how those assets are titled, and the value of the estate.
When formal probate (administration) is typically required
You usually need to open an estate in Surrogate’s Court when the decedent owned assets that cannot be transferred by simple paperwork or by beneficiaries’ claims alone. Common examples that usually require administration:
- Real estate held solely in the decedent’s name (title must be transferred through the court process).
- Bank or brokerage accounts titled only in the decedent’s name with no payable-on-death (POD) or transfer-on-death (TOD) beneficiary and with balances that the institution will not release without letters of administration.
- Significant personal property (vehicles, business interests, stocks) that institutions will not release without court-issued authority.
- Situations with creditor claims that must be addressed and paid from estate assets.
In those situations the court appoints an administrator (the intestate personal representative). The administrator collects assets, notifies creditors, pays valid debts and taxes, and distributes remaining property to heirs under New Jersey’s intestacy laws (Title 3B of the New Jersey statutes governs estates and intestacy).
When you may avoid formal probate
Formal probate may not be necessary in these situations:
- Assets already have a clear nonprobate beneficiary designation (e.g., life insurance, retirement accounts, POD/TOD bank accounts) — those pass directly to the named beneficiary.
- Assets owned jointly with right of survivorship (joint tenancy or tenancy by the entirety) generally pass automatically to the surviving co-owner(s).
- Small personal-property estates may qualify for simplified procedures under local Surrogate’s rules or small-estate processes; some items can be collected by an heir using an affidavit or a creditor/claim form without full administration. Whether a simplified procedure is available depends on the local Surrogate’s rules and the types/values of assets.
Who gets the property when there is no will
If administration is opened, the court distributes the estate according to New Jersey intestacy rules (for example, to a surviving spouse and/or descendants, parents, or other relatives depending on the family structure). These rules are statutory; the Surrogate’s Office can explain the distribution order for a given family situation.
Practical steps to determine whether to open probate
- Make a list of the decedent’s assets and how each is titled.
- Contact banks, brokerages, and the county recorder (for real estate) to confirm what each institution requires to transfer the asset.
- Call the county Surrogate’s Office and ask whether the particular estate requires administration or qualifies for a simplified procedure. Most Surrogates publish guides and forms on their websites.
- If you must open administration, file a probate/administration petition in the Surrogate’s Court of the county where the decedent lived.
For general information on Surrogate’s Courts and the estate process, see the New Jersey Courts site: https://www.njcourts.gov/.
Important legal references: New Jersey’s estate and probate laws appear in Title 3B of the New Jersey statutes (estates, intestacy, and administration). For the official statutes and codes, consult the New Jersey Legislature site: https://www.njleg.state.nj.us/.
Bottom line: Dying without a will does not automatically eliminate probate. If the decedent left real estate in their sole name, accounts or assets that financial institutions will not release without court authority, or if estate debts must be settled through the estate, you likely must open probate administration. If most assets pass by beneficiary designations or joint ownership and the estate is small, you may be able to use simplified procedures or avoid full probate.
Helpful Hints
- Start by locating bank statements, deeds, title documents, life insurance policies, and retirement account paperwork. How assets are titled often controls whether probate is needed.
- Contact the county Surrogate’s Office early — they give county-specific checklists, forms, and thresholds for simplified handling.
- Collect death certificates (the Surrogate and many institutions will require certified copies).
- Don’t pay creditors or distribute assets until you confirm whether you need formal administration; distribution without authority can create personal liability.
- If there are disputes among family members or complex assets (business interests, out-of-state property), consult an attorney experienced in New Jersey probate to protect the estate and comply with statutory duties.
- Be mindful of deadlines for creditor notices and tax filings; the administrator has duties and timelines under New Jersey law.
Disclaimer
This content is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed New Jersey attorney or the local Surrogate’s Office.