Disclaimer: This article provides general information about New Jersey intestate succession. It is not legal advice.
Understanding Intestate Succession in New Jersey
When someone dies without a valid will in New Jersey, the state’s intestacy statutes determine who inherits the estate. These rules appear in N.J.S.A. 3B:5-1 et seq. A decedent with no surviving spouse but three living children leaves the entire estate to those children in equal shares, subject to per stirpes distribution if a child predeceases.
Detailed Answer
Under New Jersey law, the first step is to confirm intestacy: the decedent left no valid will. N.J.S.A. 3B:5-1 defines “intestate” and confirms intestate succession applies. When there is no surviving spouse, N.J.S.A. 3B:5-3 governs distribution:
- N.J.S.A. 3B:5-3: If the decedent is survived by descendants but no spouse, the entire estate passes to the descendants per stirpes.
Because the decedent has three living children and no spouse, each child inherits one-third of the estate. If one child had died before the decedent leaving children of their own, that child’s share would pass to their descendants per stirpes (the “right of representation”). If a child predeceased without descendants, the remaining children split that share equally.
Probate courts oversee the process. An executor (often called a personal representative) petitions the county surrogate. Small estates (typically under $20,000 in New Jersey assets) may qualify for a simplified procedure under N.J.S.A. 3B:20-1.
Key steps include:
- Gather asset and debt information.
- File a petition for letters of administration in the county surrogate’s court.
- Notify potential heirs and creditors.
- Distribute assets after paying valid debts and expenses.
Helpful Hints
- Verify there is no valid will filed with the surrogate’s office.
- Collect death certificate copies.
- List all known assets (bank accounts, real estate, personal property).
- Gather creditor notices before distribution.
- Keep detailed records of all filings and distributions.
- Consult a probate attorney if the estate exceeds simplified thresholds or heirs contest the distribution.