Who gets your property if you die without a last will and testament in New Jersey? To answer this question, you must know which family members survived the decedent. For example, whether the decedent has a surviving spouse, children, parents, or more distant living relatives. Each state has enacted an intestate succession law, which is a government-mandated estate plan for when a person dies without a Will. Here is a link to the New Jersey statute for reference.
The answer to this inquiry depends on which family members or relatives survived the person who died (the decedent) without a Will. This page seeks to explain in clear terms with simple examples what happens to a person’s probate assets if he or she dies intestate in New Jersey.
Before the examples begin, remember, property that is held jointly with the right of survivorship or that has a beneficiary designation will not follow the intestacy statute. Each example below has a pictograph example, simply click on the box to the right. As always, please contact us for a free consultation if you have any questions.
We start with some fairly straightforward examples, then move onto more complex family situations at number 8 below.
This is where our analysis becomes tricky. So long as there are lineal descendants of the decedent’s grandparents the probate estate passes to a relative. Otherwise, property may also pass to step-children of the decedent or if no other heirs can be found the probate estate passes to the State of New Jersey.
The first step of the analysis is to divide the probate estate into two equal shares; one for the maternal grandparents (and their descendants) and one for the paternal grandparents (and their descendants). Note: If there are no surviving grandparents or descendants of grandparents on either side then no division takes place, and the estate passes entirely to the paternal side of the family and vice versa. In some examples, the discussion takes place solely on the paternal side however the same analysis is necessary on the maternal side.
I hope this review of a complicated subject has been helpful to you. If you have further questions about intestate succession in New Jersey, feel free to contact us for a free consultation with one of our New Jersey Probate Lawyers.
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