FastCounsel

Disclaimer: This article is for educational purposes and does not constitute legal advice.

Detailed Answer

Under New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.), a personal representative sues for a decedent’s death and recovers damages for survivors. After you secure settlement or verdict funds, you follow the distribution rules in the Act, primarily N.J.S.A. 2A:31-4 and 2A:31-5.

1. Identify Eligible Survivors

The Act limits recovery to the decedent’s surviving spouse, lineal descendants (children, grandchildren), parents and other next of kin. The personal representative must locate all entitled parties.

2. Per Capita vs. Per Stirpes Distribution

When lineal descendants share proceeds, the statute provides for per capita and per stirpes allocation under N.J.S.A. 2A:31-4. You calculate as follows:

• Per capita: Each living descendant draws an equal share.
• Per stirpes: If a child of the decedent predeceased but left children, those grandchildren divide their parent’s share.

3. Distribution Order Under N.J.S.A. 2A:31-5

The Act sets these priorities:

1. Spouse and descendants together: Divide equally—spouse receives one share; each descendant receives one share; substitute descendants step in per stirpes.
2. Spouse alone: Spouse receives the entire fund.
3. Descendants alone: All descendants share per capita with per stirpes substitution.
4. No spouse or descendants: Parents share equally.
5. No spouse, descendants or parents: Other next of kin under intestacy rules.

For full text, see N.J.S.A. 2A:31-5.

Helpful Hints

• Collect certified death and marriage certificates for proof of relationship.
• Confirm beneficiary addresses and ages; minors require guardianship or court approval.
• Maintain detailed trust accounting if funds stay in trust for minors.
• Use per stirpes only when a beneficiary dies before disbursement.
• Consult a probate attorney to file the final distribution report in Surrogate’s Court.
• Keep accurate records of distribution and obtain signed receipts from each heir.
• Address any disputes early—mediation can avoid extended litigation.