Who inherits in New Jersey when there is no will?

Under N.J.S.A. 3B:5-3 and N.J.S.A. 3B:5-4: the whole to the surviving spouse, civil-union partner or domestic partner where no descendant or parent of the decedent survives, or where every surviving descendant is also the spouse's and the spouse has no other descendant; the first 25% of the estate, not less than $50,000 nor more than $200,000, plus three-fourths of the balance to the spouse where no descendant but a parent survives; the first 25% on the same floor and cap plus one-half of the balance where the spouse has a descendant who is not the decedent's, or the decedent has one who is not the spouse's; and the rest, or the whole where there is no spouse, to the descendants by representation, then the parents, then the parents' descendants, then the grandparents and their descendants, and last the decedent's step-children or their descendants.

What does "by representation" mean in New Jersey?

For an intestate estate passing to descendants, the estate is divided into as many equal shares as there are surviving heirs in the nearest generation of descendants that contains a surviving heir, plus deceased members of that generation who left surviving descendants; each surviving heir in that generation takes one share, and the remaining shares are combined and divided in the same manner among the surviving descendants of the deceased members (N.J.S.A. 3B:5-6(b)) — per capita at each generation. Title 3B gives the same meaning to "by representation" or "per capita at each generation" in an instrument, and its own meanings to "per stirpes" and "per capita" (N.J.S.A. 3B:1-2).

Does a trust change who inherits?

Property titled to the trustee passes under the trust's terms, not under N.J.S.A. 3B:5-4; only the probate estate the will does not dispose of passes by intestacy. A small intestate estate may be collected by the surviving spouse or partner on an affidavit where it does not exceed $50,000, or by an heir where it does not exceed $20,000 with the other heirs' consent (N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4).

Dying Without a Will in New Jersey

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What “intestate” means

Dying “intestate” means dying without a valid will. New Jersey's intestacy statutes (N.J.S.A. 3B:5-3, N.J.S.A. 3B:5-4) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants by representation, per capita at each generation (N.J.S.A. 3B:5-6). Assets that pass outside probate (a funded Trust, beneficiary designations, property held with a right of survivorship) follow their own rules, not intestacy.

Who inherits under New Jersey law

Spouse, no descendants — the surviving spouse, partner in a civil union or domestic partner inherits the entire intestate estate if no parent of the decedent survives; if a parent survives, the survivor takes the first 25% of the estate — not less than $50,000 nor more than $200,000 — plus three-fourths of the balance (N.J.S.A. 3B:5-3).
Spouse and shared children only — if every surviving descendant of the decedent is also the survivor's, and the survivor has no other surviving descendant, the survivor inherits everything (N.J.S.A. 3B:5-3).
Blended family — if the decedent has a surviving descendant who is not the survivor's, or the survivor has one who is not the decedent's, the survivor takes the first 25% of the estate (between $50,000 and $200,000) plus one-half of the balance, and the decedent's descendants take the rest by representation (N.J.S.A. 3B:5-3; N.J.S.A. 3B:5-4).
No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (N.J.S.A. 3B:5-4).

The spouse's share and minor children

In New Jersey, when there is no will, a surviving spouse, partner in a civil union or domestic partner takes the whole intestate estate if no descendant or parent of the decedent survives, or if every surviving descendant is also the survivor's and the survivor has no other descendant; otherwise the survivor takes the first 25% of the estate — not less than $50,000 nor more than $200,000 — plus three-fourths of the balance where a parent but no descendant survives, or plus one-half where the decedent or the survivor has a surviving descendant who is not the other's (N.J.S.A. 3B:5-3). New Jersey has no homestead rule reserving the home for the family. And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of New Jersey as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a New Jersey attorney can help you put a plan in place.

General information about New Jersey law, not legal advice.

Frequently asked questions

Who inherits in New Jersey when there is no will?: Under N.J.S.A. 3B:5-3 and N.J.S.A. 3B:5-4: the whole to the surviving spouse, civil-union partner or domestic partner where no descendant or parent of the decedent survives, or where every surviving descendant is also the spouse's and the spouse has no other descendant; the first 25% of the estate, not less than $50,000 nor more than $200,000, plus three-fourths of the balance to the spouse where no descendant but a parent survives; the first 25% on the same floor and cap plus one-half of the balance where the spouse has a descendant who is not the decedent's, or the decedent has one who is not the spouse's; and the rest, or the whole where there is no spouse, to the descendants by representation, then the parents, then the parents' descendants, then the grandparents and their descendants, and last the decedent's step-children or their descendants.
What does "by representation" mean in New Jersey?: For an intestate estate passing to descendants, the estate is divided into as many equal shares as there are surviving heirs in the nearest generation of descendants that contains a surviving heir, plus deceased members of that generation who left surviving descendants; each surviving heir in that generation takes one share, and the remaining shares are combined and divided in the same manner among the surviving descendants of the deceased members (N.J.S.A. 3B:5-6(b)) — per capita at each generation. Title 3B gives the same meaning to "by representation" or "per capita at each generation" in an instrument, and its own meanings to "per stirpes" and "per capita" (N.J.S.A. 3B:1-2).
Does a trust change who inherits?: Property titled to the trustee passes under the trust's terms, not under N.J.S.A. 3B:5-4; only the probate estate the will does not dispose of passes by intestacy. A small intestate estate may be collected by the surviving spouse or partner on an affidavit where it does not exceed $50,000, or by an heir where it does not exceed $20,000 with the other heirs' consent (N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4).