Affidavit of Heirship in New Jersey
Whether New Jersey lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Surviving spouse, civil union partner or domestic partner takes everything if there are no descendants and no parents, or if all the deceased person's descendants are also the spouse's and the spouse has no other descendants. N.J.S. 3B:5-3, 3B:5-4
| Who inherits without a will | Surviving spouse, civil union partner or domestic partner takes everything if there are no descendants and no parents, or if all the deceased person's descendants are also the spouse's and the spouse has no other descendants. If there are no descendants but a parent survives: the first 25% of the estate (at least $50,000, at most $200,000) plus 75% of the rest. If the spouse has other descendants, or any of the deceased person's descendants are not the spouse's: the first 25% (same $50,000–$200,000 limits) plus 50% of the rest. Whatever does not go to the spouse goes, in order, to descendants, then parents, then descendants of the parents (brothers, sisters, nieces, nephews), then grandparents (half to each side) and their descendants, then stepchildren and their descendants. A spouse with a pending divorce or certain separation agreements is not treated as a surviving spouse. Order of other heirs: https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_q=%223B%3A5-4%22&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_d=&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Re-verified 2026-10-27. Source: N.J.S. 3B:5-3, 3B:5-4 |
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More New Jersey estate law
- Medical Power of Attorney in New Jersey
- Small Estate Affidavit in New Jersey
- Power of Attorney in New Jersey
- Quitclaim Deeds and Transferring Property in New Jersey
- Who Inherits If You Die Without a Will in New Jersey
- How to Make a Valid Will in New Jersey
- How Probate Works in New Jersey
- Living Wills and Advance Directives in New Jersey
- Revocable Living Trusts in New Jersey
- Executor Duties in New Jersey
- Letters Testamentary in New Jersey
- How to Avoid Probate in New Jersey
- Transferring a Car After Someone Dies in New Jersey
- All New Jersey wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in New Jersey?
Surviving spouse, civil union partner or domestic partner takes everything if there are no descendants and no parents, or if all the deceased person's descendants are also the spouse's and the spouse has no other descendants. If there are no descendants but a parent survives: the first 25% of the estate (at least $50,000, at most $200,000) plus 75% of the rest. If the spouse has other descendants, or any of the deceased person's descendants are not the spouse's: the first 25% (same $50,000–$200,000 limits) plus 50% of the rest. Whatever does not go to the spouse goes, in order, to descendants, then parents, then descendants of the parents (brothers, sisters, nieces, nephews), then grandparents (half to each side) and their descendants, then stepchildren and their descendants. A spouse with a pending divorce or certain separation agreements is not treated as a surviving spouse.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.