When a New Jersey resident dies without a valid will, the estate is called intestate, and a different set of rules takes over. Instead of following written instructions, the county Surrogate’s Court and New Jersey’s intestacy statutes decide who inherits and who is appointed to manage the estate. Our practice concentrates on these no-will estates, where families often face confusion about who has authority, who the legal heirs are, and how property is divided.
What “Intestate” Means in New Jersey
An estate is intestate when there is no will, when a will cannot be located or proven, or when a will is found invalid. In that situation, the law in N.J.S.A. 3B:5-1 and the sections that follow set a fixed order of inheritance. Spouses, domestic partners, children, parents, and more distant relatives each have a defined place in line. Nothing in an intestate estate is left to personal preference; the statute controls, which is why early legal guidance matters.
The Role of the County Surrogate’s Court
New Jersey probate begins in the Surrogate’s Court of the county where the decedent lived. For an intestate estate, the Surrogate does not admit a will to probate. Instead, the Surrogate issues Letters of Administration to a qualified person, usually a surviving spouse or close relative, after the required waiting period and any necessary renunciations from others with equal or higher priority. Those Letters give the administrator legal power to collect assets, pay debts, and distribute what remains to the heirs.
Who Inherits When There Is No Will
New Jersey’s intestacy scheme can surprise families. A surviving spouse does not always inherit everything. When the decedent leaves a spouse and children who are also the spouse’s children, the spouse typically inherits the entire estate. But when there are children from another relationship, or surviving parents, the spouse shares the estate under the formula in N.J.S.A. 3B:5-3 and 3B:5-4. We help families map exactly who the heirs are before any distribution is made.
The Elective Share Still Applies
Even though the elective share under N.J.S.A. 3B:8-1 most often arises with a will, a surviving spouse’s right to a portion of the augmented estate can interact with intestate administration. Understanding these spousal protections early prevents disputes later.
Small Estates and Larger Estates
New Jersey offers a streamlined path for smaller intestate estates. When no administrator is appointed and the estate is modest, a surviving spouse, partner, or heir may collect assets by affidavit instead of full administration. Larger estates require formal Letters of Administration and a more complete accounting. We explain which track fits your situation.
How We Help
Our New Jersey probate attorneys guide administrators through every step of an intestate estate: qualifying with the Surrogate, identifying heirs, marshaling assets, handling creditor claims, and completing distributions. We also help families plan ahead with revocable living trusts, durable powers of attorney, and advance directives so future estates avoid intestacy altogether.
Consult a New Jersey Attorney
This page is general information, not legal advice. Intestate estates turn on specific facts and current New Jersey statutes. Please consult a licensed New Jersey probate attorney about your particular situation before acting.
