Introduction
When someone dies without a will in New Jersey, their property—both real and personal—passes under intestacy rules. This article explains how to identify assets, inventory them, and distribute them to heirs under New Jersey law.
Disclaimer: This article does not provide legal advice. Consult an attorney for guidance.
Detailed Answer
1. Identifying Real Property and Personal Assets
The court appoints a personal representative (administrator) to locate all of the decedent’s assets. This includes:
- Real property: land, homes, and other buildings.
- Personal property: bank accounts, vehicles, household items, investments, and digital assets.
The administrator reviews deeds, title records, bank statements, insurance policies, and digital files. They may also consult county tax records or hire professional appraisers to confirm values.
2. Inventory and Valuation Requirements
Under N.J.S.A. 3B:20-6.6, the administrator must file an inventory with the Surrogate’s Court within four months of appointment. The inventory must list:
- A description of each asset.
- The fair market value at the date of death.
- The location of the asset.
Link to statute: N.J.S.A. 3B:20-6.6
The court may require formal appraisals for high-value assets like real estate, artwork, or collectibles.
3. Distribution Under Intestacy Rules
New Jersey’s intestacy laws appear in N.J.S.A. 3B:5-2 through 3B:5-8. Distribution depends on surviving relatives:
- Spouse only: spouse inherits the entire estate.
- Spouse and descendants: spouse receives the first $50,000 plus one-half of the remaining balance; descendants share the rest. N.J.S.A. 3B:5-3
- Descendants only: descendants split the estate equally. N.J.S.A. 3B:5-2
- No spouse or descendants: parents inherit, then siblings, and other relatives.
To transfer real property, the court issues a Certificate of Entitlement. Heirs record this certificate with the county clerk to update titles.
Helpful Hints
- File the inventory within four months to avoid court penalties.
- Gather deeds, titles, and financial statements before meeting the Surrogate’s Court.
- Use a qualified appraiser for accurate property valuations.
- Keep heirs informed to minimize disputes.
- Consult an estate attorney for complex estates or unusual assets.