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
- Obtain your father’s death certificate and any family records.
- Compile a list of potential heirs: spouse, children (including adopted), parents, siblings, etc.
- Collect birth, marriage, and adoption certificates to confirm relationships.
- Interview family members for undocumented heirs.
- 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.