Intestate Succession: Why Creating A New Jersey Will Should Be At The Top Of Your To-Do List In 2026
It is natural to assume that, in the event of your passing, your assets will go to your spouse, children, or others close to you. Unfortunately, this is not always how it works.
If you die without a will in New Jersey, intestate succession determines how your assets are distributed. This can lead to outcomes that don’t reflect your wishes and places unnecessary stress on your loved ones during an already difficult time. If you have not created a will, our experienced Red Bank probate and estate administration lawyer recommends putting it at the top of your to-do list for 2026.
Intestate Succession: What Happens When You Don’t Have a Legally Valid Will
If you don’t have a valid will, when you pass the New Jersey Statutes determine who inherits your assets. While intended to make the process of settling your estate more orderly, the law doesn’t account for personal relationships, family dynamics, or special circumstances.
Under intestate succession in New Jersey, the court distributes assets in the following order:
- If you are single and have no children, your parents inherit everything.
- If you have children but are not married, they inherit.
- If you are married and have children with your spouse, your spouse gets everything.
- If you are married and have children from prior relationships, your spouse gets the first 25 percent, and your children split the other half.
- If you are single, have no children, and your parents are deceased, your siblings inherit the entire estate.
- If you have no living relatives, your estate will “escheat,” meaning it goes to the state.
In intestate succession, the New Jersey Surrogates Court appoints an administrator to manage your estate, which can increase delays, costs, and the likelihood of disputes.
Why Dying Without a New Jersey Will Creates Problems for Families
Dealing with the death of a loved one is never easy. If you don’t have a legally valid will, it becomes even more complicated. Cases involving intestate estates require greater court oversight, generally take longer to resolve, and do not account for your final wishes. Common problems families frequently experience:
- Limited access bank accounts or other assets.
- Disputes over inheritance rights.
- Lack of clarity regarding your personal wishes,
- No instructions for guardianship of minor children or vulnerable adults,
- Increased legal costs and administrative burdens.
Creating a will in New Jersey allows you to take control, reduce uncertainty, and provide guidance that reflects your values and priorities.
To Create a Legally Valid Will in 2026, Contact Our Experienced New Jersey Estate Planning Lawyer
To get 2026 off to a good start, put creating a will at the top of your to-do list. At Sanvenero & Cittadino Law Office, we guide clients through the process, providing peace of mind and legal protection.
To request a consultation, contact our experienced New Jersey estate planning and administration lawyer. We proudly serve families throughout Monmouth County, NJ, Central New Jersey, and across the state.
Sources:
aarp.org/pri/topics/work-finances-retirement/financial-security-retirement/wealth-transfer-inheritance-wills/
lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
njcourts.gov/glossary/surrogates-court