New Jersey Intestacy Laws: What Happens When Someone Dies Without a Will?
Losing someone you love is always difficult. When they pass without a will, settling their estate is more complicated and stressful for surviving family and friends.
If you die without a legally valid New Jersey will, you forfeit the right to specify how your assets are distributed. Instead, the state decides. Our Red Bank estate planning lawyer explains the potential ramifications.
Who Can Inherit Under New Jersey’s Intestacy Laws When There Is No Will
Dying without a valid will in New Jersey is known as dying intestate. Your estate is distributed according to New Jersey intestacy laws, which follow a fixed hierarchy of heirs regardless of the deceased’s intentions.
Under the New Jersey Statutes (Section 3B:5-3), close family members generally inherit. The manner in which distributions are made depends on who survives the deceased:
- A surviving spouse with no children inherits the entire estate.
- A surviving spouse with children from that marriage shares the estate with those children.
- Children of the deceased inherit equally if there is no surviving spouse.
- Parents of the deceased may inherit if there are no surviving spouse or children.
- Siblings and other relatives may inherit if no closer family members survive.
- The state of New Jersey may claim the estate if there are no eligible heirs.
Unfortunately, intestacy laws do not account for close friends, unmarried partners, stepchildren who were never legally adopted, or charitable organizations the deceased may have wanted to benefit.
The Consequences of Dying Without a New Jersey Will
According to US Gallup polls, less than half of all adults have a legally valid will. Unfortunately, dying without one creates a range of issues that can burden grieving families for months or even years afterward.
The estate must pass through the New Jersey probate process, which requires a formal inventory of assets, settling outstanding debts, and other steps before distributions are made. Consequences grieving families often face when there isn’t a will include:
- Delays in accessing and distributing assets while the court appoints an administrator.
- Family disputes over who should serve and how to manage assets.
- No guidance on guardianship for minor children, leaving that decision entirely to the court.
- Potential loss of assets to unintended heirs or extended family members.
- Increased legal and administrative costs.
The absence of a will also means there is no document addressing digital assets, sentimental personal property, or specific bequests that might have prevented family conflict. These are exactly the kinds of details a properly drafted will can resolve.
Contact Our Experienced Red Bank Estate Planning Lawyer
Dying without a will puts your family through unnecessary stress at an already difficult time. At Sanvenero & Cittadino Law Office, our Red Bank estate planning lawyer works with clients to create clear, legally sound estate plans that protect their families and ensure their wishes are honored.
Contact our office today to request a consultation. We provide trusted legal guidance to clients in Shrewsbury, NJ; Monmouth County, NJ; Central New Jersey; and throughout New Jersey.
Sources:
pub.njleg.gov/bills/2022/A2500/2351_I1.HTM
news.gallup.com/poll/351500/how-many-americans-have-will.aspx