How do I determine who the intestate heirs are of my father’s estate in New Jersey?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

1. Understanding Intestate Succession in New Jersey

If your father died without a valid will, he died “intestate.” New Jersey’s intestacy statutes set out who inherits his assets. The governing law appears at N.J.S.A. 3B:5-2 and related sections.

2. Priority of Heirs Under N.J.S.A. 3B:5-2

  • Spouse and No Descendants: Surviving spouse inherits everything.
  • Spouse and Children: Spouse receives the first $50,000 plus half the remaining estate; children share the other half equally.
  • No Spouse, With Children: Children inherit the entire estate in equal shares.
  • No Spouse or Children, With Parents: Parents split the estate equally.
  • No Spouse, Descendants, or Parents: Estate passes to siblings or their descendants (N.J.S.A. 3B:5-3).
  • No Immediate Kin: Goes to more remote relatives (grandparents, aunts/uncles) or the State if none exist.

3. Steps to Identify Intestate Heirs

  1. Obtain your father’s death certificate and any family records.
  2. Compile a list of potential heirs: spouse, children (including adopted), parents, siblings, etc.
  3. Collect birth, marriage, and adoption certificates to confirm relationships.
  4. Interview family members for undocumented heirs.
  5. Search public records (obituaries, probate filings) for additional information.

4. When to Seek Professional Help

Intestate estates can become complex if heirs dispute relationships or residency. Consider hiring a probate attorney or genealogist to:

  • Conduct formal heirship searches.
  • File the intestacy petition in the Surrogate’s Court.
  • Resolve conflicts among claimants.

Helpful Hints

  • Start with immediate family records before expanding to distant relatives.
  • Use county Surrogate’s Court websites for filing requirements and fee schedules.
  • Keep copies of all documents submitted to the court.
  • Check for prior wills—sometimes a will surfaces after you begin probate.
  • Document every contact with potential heirs to avoid future disputes.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.