What Happens If You Die Without a Will in New Jersey?
Nobody likes to think about death. But if you die without a will in New Jersey, you leave one of the most important decisions of your life entirely to the state legislature. New Jersey’s intestacy laws—the default rules that apply when there is no will—determine who inherits your property, and the results can be surprising.
How New Jersey’s Intestacy Laws Work
When you die without a will, you die “intestate.” Your estate is then distributed according to a fixed statutory formula based on which family members survive you. Here is how New Jersey’s intestacy statute distributes your assets:
If you are survived by a spouse and no children, or only children who are also your spouse’s children, your spouse inherits the entire estate. If you are survived by a spouse and children from the same marriage, your spouse receives the first 25 percent of the estate (between $50,000 and $200,000) plus half the balance. The children split the remainder equally. If you have children from a prior relationship, the formula changes: your spouse still receives the first 25 percent plus half the balance, and all children from any relationship share the rest.
If there is no surviving spouse, your children inherit equally. If there are no children, the estate passes to your parents. If your parents are not living, it goes to your siblings, then to more distant relatives. If no relatives can be found, your estate passes to the State of New Jersey.
What Intestacy Laws Cannot Do
Intestacy laws are rigid. They cannot account for your personal relationships, your wishes, or the unique dynamics of your family. They cannot leave anything to a close friend, a long-term partner you are not married to, a stepchild you raised as your own, or a charity you care about. They cannot provide for a special-needs family member in a way that protects their government benefits. They cannot create trusts for minor children to ensure the money is managed responsibly until they are old enough to handle it.
Intestacy laws also cannot nominate a guardian for your minor children. If both parents die without a will, a court will decide who raises your children—and it may not be the person you would have chosen.
The Probate Process Without a Will
Without a will, the probate process becomes more complicated. Instead of an executor named in your will, the court must appoint an administrator. New Jersey law gives priority to your spouse, then your next of kin. If family members disagree about who should serve, the court resolves the dispute—adding time, cost, and stress to an already difficult situation.
The administrator must post a bond—essentially an insurance policy to protect the estate—which adds cost. They must also follow the intestacy formula precisely, with no room for discretion.
Common Misconceptions
Many people believe that if they are married, their spouse automatically gets everything. That is not always true in New Jersey. If you have children from a prior relationship, your spouse shares the estate with those children. Many people also believe their assets are “too small” for a will. But a will is not just about money—it is about choosing who manages your affairs, who raises your children, and who receives your personal property.
Others assume that a verbal statement or a handwritten note is sufficient. New Jersey has specific requirements for a valid will, including witnesses and signatures. A document that does not meet these requirements may be challenged or thrown out entirely.
How a Will Solves These Problems
A properly drafted will lets you choose your beneficiaries, name your executor, appoint guardians for your children, create trusts for minor or special-needs beneficiaries, provide for a domestic partner or stepchildren, leave specific gifts of personal property, and make charitable bequests. It replaces the state’s one-size-fits-all formula with a plan that reflects your life.
Creating a will does not have to be complicated or expensive. For most individuals and families, a basic estate plan—including a will, powers of attorney, and healthcare directives—can be completed in a single consultation with an attorney who knows New Jersey law.
Schedule Your Consultation
If you have questions or need legal guidance, contact The Himmel Law Firm. Call (908) 671-1434 or visit himmellawfirm.com to schedule a consultation. We serve clients throughout Central and Northern New Jersey and New York City.
The Himmel Law Firm | 277 N. Broad Street, Elizabeth, NJ 07208
Attorney Shlomo Himmel, RN, Esq. — Licensed in New Jersey and New York
