Detailed Answer
When someone dies without a valid will in New Jersey, the court distributes their estate under the state’s intestacy laws. These rules appear in N.J.S.A. 3B:5-1 et seq..
Definition of Intestacy
Intestacy occurs when no legally valid will exists at death. The decedent’s assets then pass by statute instead of by personal directions.
Order of Distribution
New Jersey law uses a priority system. The court allocates the estate as follows:
- Surviving spouse and descendants: If the decedent leaves a spouse and children together, the spouse receives the first $50,000 plus half of the balance; the children split the rest equally (N.J.S.A. 3B:5-2).
- Spouse only: If no descendants survive, the spouse inherits the entire estate.
- Descendants only: If no spouse survives, all assets go to the decedent’s children equally.
- Parents: If no spouse or descendants, the estate passes to surviving parents.
- Siblings: If no parents, half the estate goes to siblings; if no spouse or descendants, the entire estate passes to siblings.
- More remote relatives: If no immediate family, estate goes to grandparents, then aunts and uncles, then cousins.
- Escheat: If no relatives, the State of New Jersey inherits the estate (N.J.S.A. 3B:5-27).
Special Considerations
Adopted and biological children inherit equally. Stepchildren do not inherit unless legally adopted. Half‐blood relatives receive the same share as full‐blood relatives.
Helpful Hints
- Locate all potential heirs early to avoid delays.
- Gather marriage and birth certificates to verify relationships.
- Follow court procedures for filing an intestate estate.
- File an inventory of assets within required deadlines.
- Consider mediation if heirs dispute shares.
- Keep detailed records of estate expenses and distributions.
- Seek legal guidance for complex family situations.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for specific guidance.