Many people delay creating a will, not realizing the consequences that can arise if a person dies without a will in NJ. When someone passes away without a valid will (a situation known as dying intestate), the state’s intestacy laws determine how their assets are distributed. This process can often lead to unexpected outcomes and legal complications for surviving family members.

Being informed on what happens if a person without a will in NJ is necessary for anyone wishing to protect their estate and ensure their wishes are honored. In this article, we’ll run through how New Jersey’s intestate succession works, what property is affected, and the implications for heirs and beneficiaries.

The Basics of Dying Without a Will

When a person dies without a will, the state steps in to manage the distribution of their assets. In New Jersey, intestate succession laws dictate the order in which relatives inherit property, prioritizing those closest in kinship. However, not all property falls under intestate laws. Some assets bypass probate and pass directly to named beneficiaries or joint owners.

The absence of a will means there is no clear statement of the deceased’s wishes regarding the division of their estate. This can lead to disputes, delays, or outcomes that don’t reflect what the decedent might have intended.

What Property Is Subject to Intestate Succession?

Before assets can be distributed under intestate laws, it’s important to know which property is subject to this process and which is not. Some assets avoid intestate succession because they have designated beneficiaries or are held in specific ways.

Assets that typically bypass intestate laws include:

• Property in Living Trusts: Assets transferred to a trust are owned by the trust, not the deceased, and do not enter probate.
  
• Life Insurance Proceeds: These pass directly to the named beneficiaries regardless of the will or intestacy.
  
• Retirement Accounts (IRA, 401(k), etc.): These accounts pay out to designated beneficiaries.
  
• Transfer-on-Death Securities and Payable-on-Death Bank Accounts: Funds go to beneficiaries named when the accounts were opened.
  
• Jointly Owned Property: Property held in joint tenancy or tenancy by the entirety transfers automatically to surviving co-owners.

Assets not covered by these categories typically pass through probate and are subject to intestate distribution rules if there is no will.

How Does New Jersey Intestate Law Distribute Assets?

New Jersey’s intestate succession law distributes assets based on a prioritized order of relatives. The estate passes to the closest living family members first, moving outward only if closer relatives are unavailable.

Here is the general hierarchy:

1. Surviving Spouse and Descendants

The current spouse has priority. The amount the spouse inherits depends on whether the deceased has children and if those children are also descendants of the spouse.

• No children or parents: The spouse receives the entire estate.
  
• Children only with the surviving spouse: The spouse still inherits everything.
  
• Children from the deceased and others: The spouse receives a portion (at least 25%, capped at $200,000, plus half of the remainder), with the children sharing the rest.

This ensures that spouses are protected while also recognizing the rights of children, including those from previous relationships.

2. Children and Their Descendants

If no surviving spouse exists, the estate is transferred to the deceased’s children and, if applicable, to their direct descendants, including grandchildren. Grandchildren inherit only if their parent (the child of the deceased) has already passed away.

3. Parents

If no spouse or descendants exist, parents inherit the estate equally.

4. Siblings and Their Descendants

If parents are not living, siblings receive the estate. If a sibling is deceased, their children inherit their share.

5. Grandparents and Their Descendants

The estate passes to grandparents and then to their descendants (aunts, uncles, cousins) if no closer relatives survive.

6. Stepchildren and Foster Children

Unadopted stepchildren and foster children inherit only if there are no other eligible relatives.

7. The State of New Jersey

If no relatives can be found, the estate escheats to the state.

Important Considerations About Heirs and Inheritance

New Jersey law treats biological and adopted children equally for inheritance purposes. However, certain nuances exist:

• Children born after the death of a parent but alive for at least 120 hours after birth are entitled to inherit.
  
• Children born outside marriage are recognized as heirs if paternity is legally established.
  
• Foster children and stepchildren who were never legally adopted do not inherit under intestate law.

These distinctions affect how an estate is ultimately divided and highlight the importance of clear estate planning.

The Probate Process Without a Will

When someone dies intestate, an administrator is appointed by the court to manage the estate. This person is often a close relative and oversees identifying assets, paying debts, and distributing remaining property according to intestate laws.

The probate process can be lengthy and may result in increased legal costs or family conflicts. Without a will’s clear directives, beneficiaries may face uncertainty and delays. A New Jersey family lawyer specializing in such cases can help you navigate the situation.

Risks and Challenges of Dying Without a Will

What happens if a person dies without a will in NJ? This increases the likelihood of:

• Family Disputes: Relatives may contest asset distribution, leading to conflict or litigation.
  
• Unintended Beneficiaries: Assets may go to relatives the deceased might not have chosen.
  
• Delays: Probate can be prolonged as courts resolve questions of inheritance.
  
• Financial Costs: Legal fees and court costs can reduce the estate’s value.

In cases where a will’s validity is challenged, will contests may arise, further complicating estate administration.

Why Estate Planning Matters

To avoid the uncertainties of dying without a will, establishing an estate plan is vital. A will clearly outlines how assets should be distributed and who should oversee the estate. Trusts and other instruments can offer additional control and protection.

Working with experienced estate planning attorneys helps ensure your wishes are legally documented and your loved ones are protected.

How We Can Help at Choi Law Firm

At the Choi Law Firm, our team of New Jersey Attorneys understand the complexities that arise when someone dies without a will in New Jersey. We bring over 90 years of combined expertise representing clients throughout Bergen County, Passaic, Essex, and New York City. Our knowledgeable attorneys are skilled in helping families navigate New Jersey’s probate and intestate laws, helping families resolve estate disputes efficiently and with care.

If you are facing questions about intestate estate administration or concerns about potential will contests, our team can provide knowledgeable, strategic counsel tailored to your situation.

Reach out today for a confidential consultation by calling 201-613-5557 or visiting our website. Let us help you protect your rights and those of your family.