Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In New Jersey, when someone dies without a valid will and leaves no surviving spouse but has two children, the entire probate estate passes equally to those children under the state’s intestacy rules. These rules appear in N.J.S.A. 3B:5-4(a).
Key points:
- Definition of intestacy: Dying “intestate” means no legally valid will governs distribution.
- Probate estate: Includes real property, personal property and financial accounts held solely in the decedent’s name at death, minus debts and administration costs.
- Distribution formula: With no spouse and only issue (children), New Jersey law directs that each child receives an equal share. If one child predeceased the decedent but left children of their own, that branch would take that child’s share by right of representation.
- Administration process: A family member or interested party petitions the Surrogate’s Court in the county where the decedent lived to be appointed administrator (often called “personal representative”). The administrator gathers assets, pays debts and distributes the net estate.
Example: Jane Doe of Essex County dies without a will. She leaves two adult children, Alice and Bob. Under N.J.S.A. 3B:5-4(a), Alice and Bob each inherit 50% of Jane’s probate estate. The appointed administrator collects assets, settles any valid claims and transfers equal shares to Alice and Bob.
Additional considerations:
- If the children are minors, the court may appoint a guardian of property to manage their inheritance until they reach age 18.
- Nonprobate assets (jointly held property, life insurance, retirement accounts with designated beneficiaries) pass outside of intestacy rules and distribute directly to named co-owners or beneficiaries.
- Creditors may file claims against the estate within the timeframe set by the Surrogate’s Court (typically within nine months of the grant of administration).
Helpful Hints
- Confirm that no valid will exists by checking with the Surrogate’s office or reviewing the decedent’s personal papers.
- Identify all probate and nonprobate assets to determine what passes under intestacy versus by beneficiary designation.
- Prepare an inventory and file a petition for administration promptly to avoid delays.
- Keep detailed records of estate expenses, creditor claims and distributions for court approval and heir transparency.
- Consult a qualified estate attorney in New Jersey for guidance on complex issues like guardianship for minor heirs or potential creditor disputes.