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      • Zoning and Land Use
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What Happens When Someone Dies Without a Will in New Jersey?

February 16, 2023 Morris, Downing, Sherred LLP

When someone dies without a will in New Jersey, the distribution of their assets will be determined by the state’s intestate succession laws. Intestate succession in New Jersey follows a specific order of distribution, based on the deceased person’s surviving family members. Here is a general outline of how intestate succession works in New Jersey:

  1. If the deceased person is survived by a spouse but no children, the spouse inherits everything.
  2. If the deceased person is survived by a spouse and children, the spouse will receive the first 25% of the estate, but not less than $50,000 nor more than $200,000. The remaining estate will be distributed equally among the children.
  3. If the deceased person is survived by children but no spouse, the estate will be distributed equally among the children.
  4. If the deceased person is survived by parents but no spouse or children, the estate will be distributed equally between the parents.
  5. If the deceased person is survived by siblings but no spouse, children, or parents, the estate will be distributed equally among the siblings.

If there are no surviving family members, the deceased person’s assets will become the property of the State of New Jersey.

It is important to note that intestate succession can be a complex process, and it may not always reflect the deceased person’s wishes or intentions. This is why it is recommended that individuals create a will or other estate planning documents to ensure that their assets are distributed according to their wishes.

Filed Under: Intestate Succession, Probate, Trusts & Estates, Wills

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