Probate in New Jersey: What Your Family Goes Through Without a Will

When someone dies without a will in New Jersey, your assets are distributed under the state's intestate succession laws, and an administrator is appointed through the county Surrogate's Court. In certain cases,  assets can bypass the probate process entirely.

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Those exceptions include:

• Any life insurance policies that include a designated beneficiary.

• Any retirement accounts that include a designated beneficiary.

• Property held in joint tenancy or tenancy by the entirety.

• Any bank accounts that have a payable-on-death designation.

If none of these apply, New Jersey offers Small Estate Affidavits for smaller intestate estates. A surviving spouse, civil union partner, or domestic partner can use an affidavit if the estate's real and personal assets total $50,000 or less. If there is no surviving spouse or partner, other relatives can use a similar affidavit for estates of $20,000 or less.

Succession Laws Without a Will in New Jersey

New Jersey is not a community property state, so all individually owned assets are treated the same regardless of when they were acquired during the marriage. Under New Jersey Statutes 3B:5-3 and 3B:5-4, the lines of succession without a will can be found below.

• If you are married with no children or other descendants, and no surviving parents, your spouse inherits everything.

• If you have children but no surviving spouse, your children inherit everything from your estate equally.

• If you have no spouse and no children, your parents inherit everything.

• If you have no spouse, no children, and no parents, your siblings inherit the entirety of the estate.

If you are married and have children or a surviving parent, the split depends on your family structure.

• If all of your children are also your spouse's children, and your spouse has no children from another relationship, your spouse inherits all of your assets.

• If your spouse has children from another relationship, or you have children who are not your spouse's, your spouse inherits the first 25% of the estate (not less than $50,000 or more than $200,000), plus half of the balance. Your descendants inherit the rest.

• If you have no children but a surviving parent, your spouse inherits the first 25% of the estate (not less than $50,000 or more than $200,000), plus three-quarters of the balance. Your parent inherits the rest of the estate.

Want to compare your options before or after probate? Compare what is included in a will and a trust.