The time following the death of a loved one is often marked by grief, but also a need to make important decisions. Those decisions usually involve honoring the deceased’s final wishes, including who will receive their assets. But what happens if someone dies without a will and there are no instructions left behind? The State of New Jersey will step in and make those decisions instead.
At Willis Law Group, we are exclusively an estate planning and elder law firm. That focus allows us to provide clear explanations, strong structure, and consistent support to our clients. With over 25 years of experience, continuity of service from intake through resolution, and a personal understanding of family dynamics, we help clients across New Jersey move forward without feeling rushed or overwhelmed.
What Is an Estate?
An estate is all the property someone owns and the debts they owe at the time of their death. Estates often include assets like:
- Real estate,
- Bank accounts,
- Personal belongings, and
- Investments.
Having an estate planning lawyer can help you understand what makes up the estate in question and explain how the law treats each category of property.
What Difference Does a Will Make?
A will is a legal document that explains what should happen to a person’s property when they die. When a person dies without a will, New Jersey refers to the estate as intestate, because the deceased person (decedent) left no “testament” explaining what they wanted to happen to their property.
Without instructions to guide a person’s loved ones after they die, New Jersey’s intestate succession laws control what happens next. These laws do not allow a person’s loved ones to implement an estate plan that they never made official.
Many clients come to us after managing an estate without a will. That experience often highlights the value of clear, written instructions, which makes the process easier for everyone involved.
How Does Intestate Succession Work in New Jersey?
When someone dies without a will, the first steps are to identify what they own, their legal heirs, and which assets require court approval to transfer. Probate assets follow intestate succession law, while non-probate assets follow instructions contained in the asset itself. Your lawyer can help you understand which is which.
What Are Probate and Non-Probate Assets?
Probate assets include property held in an individual’s name without a beneficiary designation, such as:
- A home,
- Bank accounts,
- Vehicles or personal property, and
- Investment accounts.
Non-probate assets already have a designated recipient and do not require probate court to transfer ownership. Examples include:
- Life insurance policies with named beneficiaries,
- Retirement accounts with beneficiary designations, and
- Jointly owned property with rights of survivorship.
Your lawyer can help you review your assets to determine which are probate and which are non-probate.
How Do You Determine Legal Heirs?
For New Jersey’s intestate succession rules to apply, you must identify who qualifies as a decedent’s legal heir. These are people that the law recognizes as entitled to inherit based on their relationship to the decedent.
Since the law looks at legally defined relationships, such as those by blood, marriage, or adoption, only relatives can inherit under intestate succession.
What Is a Spouse Entitled To?
When a decedent was married at the time of death, their surviving spouse’s inheritance depends on whether they also had children or surviving parents. Specifically, if the decedent left a surviving spouse and:
- No children and no surviving parents, the spouse inherits the entire probate estate;
- Surviving parents but no children, the spouse receives the first 25% of the probate estate, a minimum of $50,000 and a maximum of $200,000, while the parents receive one-fourth of the remaining balance of the estate; or
- Children from that marriage or another relationship, the spouse receives the first 25% of the probate estate, plus one-half of the remaining balance, while the children divide the remaining portion equally.
A lawyer can walk through how these formulas apply to the assets at issue in your case.
What Is a Child Entitled to When a Parent Dies Without a Will?
If the decedent was not married when they died, their children are entitled to inherit their probate estate in equal shares. If a child has already died, their share typically passes to their own children, if they have any, or gets redistributed among surviving children.
When Do Relatives Other Than the Spouse or Children Inherit?
If the decedent left no surviving spouse or children, the probate estate next passes to, if surviving, the decedent’s:
- Parents,
- Siblings,
- Nieces and nephews, and
- Grandparents and their descendants (aunts, uncles, cousins).
New Jersey law prioritizes legally closer relationships first, meaning a spouse and children, then parents and siblings, then grandparents and relatives at that level.
Who Handles the Estate When There Is No Will?
When there is no will, the court appoints an administrator to manage the estate. Administrators perform the same core duties an executor would perform under a will. Although they have different titles, both serve as personal representatives of the estate.
An administrator’s responsibilities include:
- Collecting and protecting probate assets,
- Paying valid debts and estate expenses,
- Preparing and filing court documents, and
- Distributing assets according to intestate succession rules.
New Jersey law establishes a priority order for who may be the best fit to serve as administrator. A lawyer can explain how to request appointment as administrator and prepare the paperwork needed to move the process forward smoothly.
Support from a New Jersey Estate Planning Lawyer You Can Trust
At Willis Law Group, we believe estate planning and estate administration should feel steady, personal, and approachable. Our exclusive focus on elder law and estate planning allows us to work with and get to know our clients over time, from basic planning to complex Medicaid and long-term care matters. We personalize initial meetings, giving you space to ask questions and receive thoughtful guidance that is prepared in advance.
With strong internal processes, continuity of service, and multiple offices across New Jersey, we help clients understand their options and move forward with confidence. If you are navigating the loss of a loved one or planning for the future, we invite you to connect with us and take the next step toward peace of mind.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Intestate estate, N. J. Stat. Ann. § 3B:5-2 (2004), link.
- Intestate share of decedent’s surviving spouse, partner in a civil union, domestic partner, N. J. Stat. Ann. § 3B:5-3 (2004), link.
- Intestate shares of heirs other than surviving spouse, partner in a civil union, domestic partner, N. J. Stat. Ann. § 3B:5-4 (2009), link.
