Detailed Answer

Short answer: In New Jersey, if your spouse died without a will (intestate), you have statutory rights to inherit, the right to seek appointment as the decedent’s personal representative (administrator), and rights to control certain post-death decisions (funeral, access to property, etc.). The exact inheritance share and procedures depend on who else survives the decedent (children, parents, etc.), how property was titled, and whether beneficiaries (e.g., joint owners or payable-on-death designees) exist.

What “intestate” means and where to look in the law

“Intestate” means the person died without a valid will. New Jersey’s rules for who inherits and how the probate process works are set by the state’s statutes on intestate succession and probate. See New Jersey statutes on estates and intestacy for the governing provisions (Title 3B). For practical probate and surrogate-court information, see the New Jersey Courts Surrogate pages: https://www.njcourts.gov/courts/surrogates.html and the New Jersey Legislature site for statutory text: https://www.njleg.state.nj.us/.

Who inherits when there is no will?

The surviving spouse is always a primary heir under New Jersey law. The spouse’s share depends on whether the decedent left surviving descendants (children, grandchildren) or parents. If there are no surviving descendants or parents, the surviving spouse generally inherits the entire estate. If descendants survive, the spouse’s share can be limited or shared with those descendants. The exact allocation is set out in New Jersey’s intestacy statutes (see Title 3B of the New Jersey Statutes).

Immediate practical rights you have as a surviving spouse

Right to inherit under intestacy. You may inherit a statutory share of the estate even if other family members try to exclude you.
Right to petition for appointment as administrator (personal representative). If no executor named (because there is no will), you may petition the surrogate’s court to be appointed to administer the estate and obtain Letters of Administration. As administrator you control probate actions and distribution of estate assets.
Access to non-probate assets. Assets titled jointly with right of survivorship, tenancy by the entirety (for married couples), life insurance, retirement accounts, and accounts with payable-on-death beneficiaries typically pass outside probate to the named joint owner or beneficiary.
Funeral and disposition decisions. In practice, a surviving spouse ordinarily has primary authority to make funeral and burial decisions unless the decedent left a written funeral directive or a designated funeral agent. Funeral homes often follow the wishes of the spouse.
Right to challenge improper conduct by family members. If family members remove, hide, or dissipate assets, you can ask the surrogate’s court or a civil court for emergency relief such as an injunction, replevin (return of property), or to have an administrator appointed immediately.

How to protect and enforce your rights

Get multiple certified death certificates. You will need them to access accounts, title property, and start probate.
Locate important documents. Look for deeds, account statements, beneficiary designations, insurance policies, marriage certificate, and any written statements about funeral wishes.
Contact the county Surrogate’s office. The surrogate handles probate and issuance of Letters of Administration. Each county has procedures and forms; their staff can explain filing requirements. See New Jersey Surrogate’s court info: https://www.njcourts.gov/courts/surrogates.html.
File for Letters of Administration. As a surviving spouse, you have a strong position to be appointed the estate’s administrator so you can manage assets and prevent others from disposing of estate property.
Protect property immediately. If family members are removing property or changing locks, consider filing for temporary injunctive relief or replevin in the appropriate court and notify the surrogate’s office of any urgent disputes.
Preserve evidence. Keep copies of communications, photos of taken items, bank records, and a log of who removed what and when.
Consider an attorney. Probate and family conflicts can become complicated. An attorney who practices probate/estate administration can explain statutory shares, file petitions, and obtain emergency relief if necessary.

Common situations and what they mean for you

Jointly titled house or accounts: These typically pass to the surviving joint owner automatically. If the house was held as tenancy by the entirety between spouses, it usually passes to the surviving spouse by operation of law.

Accounts with named beneficiaries: Life insurance, IRAs, and 401(k)s pass to named beneficiaries outside probate. Being omitted from these does not affect your probate claim but may reduce estate assets.

Family attempting to make decisions without you: Being a spouse generally gives you priority for funeral decisions and for seeking appointment as administrator. If family members are excluding you, file with the surrogate’s office and, if necessary, seek emergency court intervention.

Where to find the law and official resources

Primary resources and helpful starting points:

New Jersey Legislature website (statutes and Title 3B — estates & transfers): https://www.njleg.state.nj.us/
New Jersey Courts — Surrogate’s courts and probate information: https://www.njcourts.gov/courts/surrogates.html

When to get legal help immediately

Consider contacting an attorney right away if any of the following are true:

Family members are removing or hiding assets.
You are being denied access to the home, personal items, or important documents.
You need emergency court orders to protect assets (injunctive relief or replevin).
The estate appears large or complicated (business interests, multiple properties, out-of-state assets).

Helpful Hints

Collect certified death certificates early — you will need several copies.
Locate and preserve the decedent’s documents: deeds, insurance, account statements, and any written funeral wishes.
Check account titles and beneficiary designations before assuming those assets go through probate.
Contact the county Surrogate’s office in the county where the decedent lived — they have the forms and local rules for probate.
Keep a dated log of all interactions with family members about estate property and funeral arrangements.
If you can, avoid confrontations at the decedent’s home; instead, document any interference and take legal steps through the court if needed.
Ask about temporary Letters of Administration if you need quick authority to manage or protect assets.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and legal outcomes depend on the specific facts of each situation. For advice about your specific situation, contact a licensed New Jersey attorney or your county Surrogate’s office.