Who Inherits If You Die 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.

A surviving spouse, civil union partner or domestic partner of a person who died living in New Jersey may elect one-third of the augmented estate instead of what the will provides. The right is not available if a divorce or dissolution complaint was pending (unless dismissed). The election is made by filing a complaint in Superior Court within 6 months after a personal representative is appointed; the court may extend this for good cause if asked before the deadline.

Only when there is no will. If the total real and personal assets do not exceed $50,000, the surviving spouse, civil union partner or domestic partner may sign an affidavit before the county Surrogate (or the Superior Court) and take all the assets without administration; assets up to $10,000 are free of the deceased person's debts. If there is no surviving spouse or partner and the total assets do not exceed $20,000, one heir who has written consent from the other heirs may sign an affidavit before the Surrogate and collect the assets for the benefit of all heirs and creditors, without a bond. Both affidavits list the nature, location and value of the real and personal assets, so real estate counts toward the limit. The person signing gets the powers and duties of an administrator.