Who inherits with no will in New Jersey is a question many families face at a hard time. Maybe a parent died suddenly. Or maybe you are planning ahead and want to know what happens if you never write a will. New Jersey has a clear set of rules for this.
They are called “intestacy” laws. “Intestate” simply means a person died without a valid will. These rules are in Title 3B of the New Jersey Statutes, mainly sections 3B:5-3 and 3B:5-4. They decide who gets what, in what order, and in what shares. Knowing them can take away some of the worry.
Who Inherits With No Will in New Jersey: The Basics
When someone dies without a will, their property still has to pass to someone. However, the state decides who that is, not the family. The law follows a fixed family order. Spouses and children come first. Parents, siblings, and more distant relatives follow.
These rules only apply to “probate property.” That means things owned in the person’s name alone. For example, a house titled only to the person who died is probate property. In most cases, some assets skip probate entirely. These include life insurance with a named beneficiary, retirement accounts with a beneficiary, and joint bank accounts with survivorship rights. They go straight to the named person.
New Jersey also has a survival rule. Under N.J.S.A. 3B:5-1, an heir must outlive the person by 120 hours to inherit. That is five days. If they do not, the law treats them as if they died first.
The Exact Shares Under New Jersey Law
The biggest factor in who inherits with no will in New Jersey is whether a spouse survives. Under N.J.S.A. 3B:5-3, a surviving domestic partner or civil union partner is treated the same as a spouse. The share depends on who else survives. The table below shows the main rules.
| Who Survives | Who Inherits |
|---|---|
| Spouse, and no children or parents | Spouse gets everything |
| Spouse and children who are all also the spouse’s children (and spouse has no other children) | Spouse gets everything |
| Spouse and a parent, but no children | Spouse gets the first 25% (at least $50,000, but no more than $200,000), plus 3/4 of the rest. Parent(s) get the remainder. |
| Spouse and children from another relationship (or spouse has children from another relationship) | Spouse gets the first 25% (at least $50,000, but no more than $200,000), plus 1/2 of the rest. Children share the remainder. |
| Children, no spouse | Children share everything equally |
| No spouse or children, but parents | Parents inherit everything |
| No spouse, children, or parents | Brothers and sisters (or their children) |
| None of the above | Grandparents or their descendants: half to each side of the family |
| None of the above | Stepchildren (children of a deceased spouse) |
| No eligible relatives | The State of New Jersey (“escheat”) |
Here is an example. Say an estate is worth $400,000. The person leaves a spouse and a child from an earlier marriage. The spouse first gets 25%, which is $100,000. Then the spouse gets half of the remaining $300,000, or $150,000. As a result, the spouse receives $250,000. The child receives $150,000.
If a child died before the parent, that child’s own children typically step into their place. New Jersey divides shares “per capita at each generation” under N.J.S.A. 3B:5-6. In plain English, each family branch at the same level gets an equal share. Also, half-brothers and half-sisters inherit the same as full siblings under N.J.S.A. 3B:5-7. Adopted children inherit like biological children.
Unmarried partners who are not registered domestic or civil union partners do not inherit under these rules. Friends and charities do not inherit either. That surprises many people.
What to Do Next
If a loved one died without a will, start with the county Surrogate’s Court. In New Jersey, the Surrogate handles probate. The court will appoint an “administrator.” That is a person who manages the estate, much like an executor does when there is a will. In most cases, the spouse or closest relative asks to serve. Other heirs may need to sign a form giving up their right to serve.
Some families can skip full administration. New Jersey offers a small estate affidavit under N.J.S.A. 3B:10-3 and 3B:10-4. A surviving spouse or domestic partner can use it if the estate is worth $50,000 or less. Other heirs can use it if the estate is $20,000 or less. Check the New Jersey Courts estate self-help page for current forms and steps.
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Taxes are another concern. New Jersey repealed its estate tax for deaths on or after January 1, 2018. However, the state still has an inheritance tax. Spouses, children, grandchildren, and parents are “Class A” heirs and pay no tax. Brothers and sisters are “Class C.” They pay nothing on the first $25,000, then 11% to 16% above that. Most other heirs are “Class D” and pay 15% or 16%. Learn more from the New Jersey Division of Taxation. For the federal side, the IRS estate tax page explains when a federal return is needed.
If you are planning ahead, remember that these rules may not match your wishes. Understanding who inherits with no will in New Jersey is a good first step. A simple will lets you choose instead. For questions about your own family, check with your county Surrogate or a licensed New Jersey attorney.
Frequently Asked Questions
Does a spouse get everything when there is no will in New Jersey?
Sometimes, but not always. A spouse typically gets everything if there are no children or parents. The spouse also gets everything if all children are shared with that spouse. However, if there are children from another relationship, the spouse shares the estate.
Do stepchildren inherit if there is no will in New Jersey?
In most cases, no. Stepchildren only inherit near the very end of the line. For example, they inherit only if there are no grandparents or relatives from the grandparents’ families. Adopted children, however, inherit just like biological children.
What if no relatives can be found?
This is rare, because the law reaches many relatives. As a result, the state takes the property only if no eligible heir exists. This process is called “escheat.” Families who think they may have a claim can contact the county Surrogate’s Court.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.