New Jersey Intestacy Rules: Everything You Need to Know

1 – Husband and Wife are married, Husband dies with surviving spouse but no surviving parents or children. This is as simple as it gets. The surviving wife inherits the entire probate estate.

2 – Husband is married to his partner, both die together in a car accident, survived by their two minor adopted children. The surviving adopted minor children each inherit equal one-half (1/2) shares of the probate estate of each decedent.

2.1 – Husband and Wife are married, they die together in a car accident leaving one surviving child and two surviving grandchildren from a predeceased child. All probate assets of each decedent are divided into per stirpital shares at the child level. The surviving child inherits one-half (1/2) of the probate estate. The grandchildren divide the remaining one-half (1/2); meaning each inherits a one-quarter (1/4) of the probate estate.

2.2 – Husband and Wife are married with and two sons, all die together in car accident; one son survived by one daughter, one son survived by three sons. The probate assets of each decedent are divided into per stirpital shares at the grandchild level. The surviving grandchildren each inherit a one-quarter (1/4) share of the probate estate.

3 – Man dies unmarried with no children, survived by both parents. The probate estate is divided equally among the surviving parents. Each parent inherits a one-half (1/2) share of the probate estate.

4 – Man dies survived by a brother and no surviving spouse, children or parents. The man’s brother inherits the entire probate estate.

4.1 – Woman dies with surviving brother, two surviving nephews of another predeceased brother, and no surviving spouse, children or parents.The estate is divided into per stirpital shares at the sibling level. William’s living brother inherits one half (1/2) the probate estate.  His deceased sister’s children split the remaining one-half share (1/2) each so each receives a one quarter (1/4) share.

5 – Woman married to her partner, woman dies survived by her partner and both parents (no children). Contrary to popular belief, the surviving wife does not inherit the entire probate estate. The surviving spouse receives the first twenty-five (25%) of the probate estate (but not less than $50,000.00 or more than $200,000.00) plus an additional three-quarter (3/4) share of the remaining probate estate. The remainder of the probate assets is divided into equal shares for the woman’s surviving parents.

6 – Husband and Wife are married, Husband dies with surviving spouse, their two children, and his parents. The surviving spouse receives the entire probate estate

7 – Husband and Wife are married, husband dies with surviving spouse, a child of both he and his Wife, and a child of only his Wife’s (step-child). The surviving spouse receives the first twenty-five percent (25%) of the probate estate (but not less than $50,000.00 or more than $200,000.00) plus one-half (1/2) of the balance of the probate estate. The remaining probate estate passes to his surviving child. The step-child receives nothing. However, the surviving spouse could leave her entire share to the step-child by Will.

7.1 – Husband and Wife are married, husband dies with surviving spouse, a child of both he and his Wife, and a child of his from a previous marriage. The surviving spouse receives the first twenty-five percent (25%) of the probate estate (but not less than $50,000.00 or more than $200,000.00) plus one-half (1/2) of the balance of the probate estate. The remaining probate estate passes in equal shares to his surviving children.