Short answer

Yes — some assets can pass to a spouse or children outside of probate in New Jersey, but a will alone generally does not avoid probate. To keep property out of probate you must use tools that operate by contract or title (beneficiary designations, joint ownership, payable-on-death/transfer-on-death registrations, or a trust). A properly coordinated plan (beneficiary forms, titling, and, where appropriate, a living trust) will help you achieve your goals; a standalone will mostly controls only assets that remain solely in your name at death and therefore typically must be administered through the Surrogate’s Court.

Detailed answer — what passes outside probate in New Jersey and what doesn’t

To understand how to make sure each other and your children inherit what you want without probate, it helps to sort assets into two groups:

• Non-probate assets — these pass automatically by operation of law or contract and do not require probate administration.
• Probate assets — these are assets titled only in the decedent’s name without a designated beneficiary and typically must be transferred through the Surrogate’s Court (probate).

Common non-probate methods

These methods generally allow assets to transfer without a probate proceeding:

• Beneficiary designations — retirement accounts (401(k), 403(b)), IRAs, annuities, and life insurance pay directly to the named beneficiary. Make sure your beneficiaries (and contingent beneficiaries) are up-to-date and that forms name specific people, not vague classes that could cause disputes.
• Payable-on-death (POD) / Transfer-on-death (TOD) accounts — bank or brokerage accounts can be designated payable to a named beneficiary on death so the funds pass outside probate. Many jurisdictions call these POD (banks) or TOD (brokerage accounts).
• Joint ownership with right of survivorship — assets titled jointly with survivorship (joint tenancy or tenancy by the entirety for married couples, where allowed) pass to the surviving owner automatically. Be careful: joint titling has gift and creditor implications and may not be appropriate in all situations.
• Assets held in a revocable living trust — property titled in a trust (including real estate, bank and brokerage accounts transferred into the trust) generally avoids probate and transfers according to the trust terms. A “pour-over” will often covers anything accidentally left out of the trust but will itself be a probate document only to the extent it controls probate assets.
• Transfer-on-death for real estate (where available) — some states allow TOD deeds for real property; if New Jersey law provides a mechanism to designate a post-death transferee of real estate, it would avoid probate for that parcel. Confirm availability and exact requirements with a New Jersey attorney or the statutes at the New Jersey Legislature and the Surrogate’s Court resources listed below.

What a will does

A will states who should get your probate assets and names an executor. It does not itself move assets outside the probate process. If assets remain in your individual name (no beneficiary form, no joint title, not in a trust), the will must generally be submitted to the county Surrogate’s Office for probate in New Jersey so the estate can be administered and the property transferred under court supervision.

Typical New Jersey process and offices

Probate and estate administration matters are handled through the Surrogate’s Office in the county where the decedent lived. For general information from the state judiciary, see the New Jersey Courts’ wills and probate self-help pages: https://www.njcourts.gov/. For legislative text about wills and estates, consult the New Jersey Legislature: https://www.njleg.state.nj.us/.

Example (hypothetical facts)

Hypothetical family: married couple Alice and Ben with two children, Carla and David. They own a house in Alice’s name, have Alice’s IRA naming Ben as primary beneficiary, a joint checking account (Alice and Ben), and a life insurance policy naming both children as beneficiaries.

• The IRA will pass to Ben outside probate because of the beneficiary designation.
• The joint checking account with rights of survivorship will become Ben’s automatically on Alice’s death.
• If the house remains titled only in Alice’s name at her death, the house will likely have to be transferred through probate unless she retitles it (into joint tenancy, into a trust, or uses a recognized NJ transfer-on-death mechanism, if available).
• The life insurance proceeds will pay directly to Carla and David without probate.

Based on that pattern, Alice and Ben can avoid probate for many assets by keeping beneficiary forms current, titling financial accounts appropriately, and retitling real estate into a trust or another non-probate form where appropriate.

Common pitfalls to avoid

• Relying only on a will while leaving retirement accounts and insurance without beneficiaries, or leaving only the will as the transfer mechanism for real property.
• Failing to name contingent beneficiaries. If a primary beneficiary predeceases you and there is no contingent beneficiary, the asset may revert to the probate estate.
• Assuming joint titling is always safe. Joint ownership can expose the asset to the other owner’s creditors and may produce unintended gift-tax or estate consequences.
• Not coordinating beneficiary forms with trust or estate plans. Beneficiary forms control retirement accounts and life insurance even if your will or trust says otherwise.

How to implement a plan to avoid probate in New Jersey

1. Inventory your assets and list title and beneficiary status for each item (real estate, retirement accounts, brokerage, bank accounts, life insurance, business interests).
2. Update beneficiary designations on retirement accounts and insurance policies. Name contingent beneficiaries.
3. Consider POD/TOD registrations for bank and brokerage accounts where appropriate.
4. Decide whether joint ownership is appropriate given your family, creditor, and tax circumstances.
5. Consider a revocable living trust for real estate and significant assets you want to avoid probate. Transfer title into the trust while you are alive.
6. Review and revise your plan after major life events (marriage, divorce, births, deaths, new property acquisition).
7. Work with a New Jersey estate planning attorney to ensure that documents meet state requirements and that titling and beneficiary forms are coordinated with your estate plan.

For general procedural information about probate and the county surrogate’s role in New Jersey, see the New Jersey Courts website: https://www.njcourts.gov/. For statutory materials and the full text of New Jersey laws relating to estates and transfers, consult the New Jersey Legislature: https://www.njleg.state.nj.us/.

Helpful Hints

• Always name both primary and contingent beneficiaries on retirement accounts and life insurance.
• Check beneficiary forms whenever you move, marry, divorce, or have children; many people forget to update beneficiaries after life changes.
• Do not assume joint ownership is the easiest fix — it can create tax, control, and creditor problems.
• Keep a clear, up-to-date record of where key documents and account login information are stored so your survivor can access non-probate assets quickly.
• If you own real estate, speak with a New Jersey attorney about whether a trust, joint tenancy, or another device is best for avoiding probate while protecting your goals.
• Even if you avoid probate, certain transfers may still have paperwork, tax filings, or claims from creditors — plan ahead.
• Small estates may qualify for simplified procedures in some counties; check with the county Surrogate’s Office for threshold and procedure information.

Where to get help

For personalized advice based on your situation in New Jersey, consult a licensed New Jersey estate planning attorney. You can find resources and self-help information from the New Jersey Courts here: https://www.njcourts.gov/, and you can review state statutes and legislative materials at the New Jersey Legislature’s website: https://www.njleg.state.nj.us/.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific circumstances, contact a licensed New Jersey attorney.