In New Jersey, when one spouse dies without leaving a will (we call it “intestate”), the property will be distributed according to New Jersey Statutes Title 3B-Administration of Estates Decedents and Others. The following is a brief explanation of how property is distributed in such cases:
- Spouse’s Inheritance Rights
Under New Jersey’s intestacy laws, as per section 3B:5-3, the surviving spouse’s share depends on whether the decedent has children or parents who are still alive. The distribution is as follows:
- No children, but parents are alive: The spouse will inherit 25% of the estate, but not less than $50,000 and not more than $200,000. The remaining 75% of any balance of the intestate estate will be inherited by the spouse.
- Decedent has children: If the decedent and the surviving spouse have children together, but the decedent has descendants from other relationships, or the surviving spouse has descendants from another relationship, the spouse will inherit 25% of the estate, but not less than $50,000 and not more than $200,000. The remaining 50% of any balance of the intestate estate will be inherited by the spouse, and 50% will be divided equally among the decedent’s children.
- Spouse inherits the entire estate:
- If the decedent has no children and no surviving parents, the spouse will inherit the entire estate.
- If all of the decedent’s surviving children are also children of the surviving spouse, and the surviving spouse has no children from other relationships, the spouse will inherit the entire estate.
- Children’s Inheritance Rights
If the decedent has children and no surviving spouse or the spouse has not inherited the entire estate, the children will inherit the estate according to the intestate succession laws. Generally, the children’s share will be divided equally among them. If the decedent has no surviving spouse, the entire estate will be divided among the children.
- No surviving spouse or parents: The estate will be inherited by the decedent’s children.
- Inheritance Order: If any children of the decedent are deceased, their descendants will inherit the estate. If a child of the decedent has passed away and left descendants, the estate will be passed down generationally.
- Parents’ Inheritance Rights
If the decedent has no surviving spouse or children, the estate will be inherited by the decedent’s parents. According to New Jersey’s intestate succession law, section 3B:5-4, the estate will be equally divided between the decedent’s parents. If the parents are deceased, the estate will pass to the descendants of the parents.
- If parents are alive: If the decedent has surviving parents, the estate will be equally divided between them.
- If both parents are deceased: If both parents are deceased, the estate will be distributed among the descendants of the parents (such as the decedent’s siblings or their children).
- Other Relatives’ Inheritance Rights
If the decedent has no surviving spouse, children, or parents, the estate will be distributed in the following order:
- Grandparents: If the decedent has no direct descendants, and both parents are deceased, the estate will be divided between the decedent’s paternal and maternal grandparents or their descendants.
- Distant relatives: If there are no surviving descendants, parents, or grandparents, the estate will be divided among more distant relatives, such as uncles, aunts, nieces, and nephews.
- No heirs: If there are no legal heirs, the estate will go to the State of New Jersey.
- Conclusion
In New Jersey, when one spouse dies without a will, the intestate estate will be distributed according to the intestate succession laws. The surviving spouse and children are typically prioritized in the inheritance order. However, if neither the spouse nor the children survive, the estate will pass to the parents or more distant relatives. Understanding these legal provisions is crucial to ensuring the proper distribution of assets. To avoid disputes and uncertainties regarding the distribution of assets, it is recommended to create a will early on, clearly outlining the distribution plan.
This column is for reference only and does not constitute legal advice. For guidance on your specific situation, please contact 201-461-0031, WeChat: songlawfirm, or arrange a consultation via email at mail@songlawfirm.com.
