✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in New Jersey — exactly who inherits under New Jersey’s intestate-succession law, and what surprises families most. All shares are from New Jersey statute, verified as of June 2026.
In This New Jersey Guide:
Who Inherits When There Is No Will in New Jersey
Here is exactly how New Jersey divides an estate when there is no will:
| If the person leaves… | Who inherits in New Jersey |
|---|---|
| Spouse, no children | If no descendants and no parent of the decedent survives, the surviving spouse inherits the entire intestate estate. If no descendants survive but a parent of the decedent survives, the surviving spouse receives the first 25 percent of the intestate estate (not less than 50000 nor more than 200000) plus three-fourths of the remaining balance; the surviving parent receives the rest. |
| Spouse + shared children | If all of the decedent’s surviving descendants are also descendants of the surviving spouse, and the surviving spouse has no other descendants who are not descendants of the decedent, the surviving spouse inherits the entire intestate estate. The children receive nothing during the spouse’s lifetime under intestacy. |
| Spouse + children from another relationship | If the decedent has one or more surviving descendants who are not descendants of the surviving spouse, OR if all descendants are shared but the surviving spouse has other descendants who are not descendants of the decedent, the surviving spouse receives the first 25 percent of the intestate estate (not less than 50000 nor more than 200000) plus one-half of the remaining balance. The descendants share the rest by representation. |
| Children, no spouse | The children (descendants) inherit the entire intestate estate, divided by representation among them. |
| No spouse, no children | If no spouse and no descendants: first to the decedent’s parents equally, or to the surviving parent if only one survives. If no parents survive, to the descendants of the decedent’s parents (siblings and their descendants) by representation. If none, to the decedent’s grandparents or their descendants. New Jersey law continues to more remote kindred before the estate escheats. |
| No living relatives (escheat) | The estate escheats to the State of New Jersey only if no heirs can be identified at any degree of kinship. Unclaimed intestate estate property is presumed abandoned 90 days after the fiduciary publishes the required notice under N.J.S.A. 46:30B-37.1. |
These shares come from New Jersey intestate-succession law (N.J.S.A. 3B:5-3 (surviving spouse share) and N.J.S.A. 3B:5-4 (heirs other than surviving spouse)).
How New Jersey divides shares among descendants: New Jersey uses distribution “by representation” (also called per capita at each generation) under N.J.S.A. 3B:5-6. The estate is divided into equal shares at the nearest generation containing living descendants; shares of deceased members at that generation are pooled and redistributed the same way among their descendants. This differs from strict per stirpes.
New Jersey homestead and family allowance: New Jersey does not provide a traditional homestead allowance or elective-share family allowance under its intestacy statute. However, under N.J.S.A. 3B:16-5, wearing apparel and personal property up to 5000 in value are reserved for the decedent’s family against all creditors before any distribution. A surviving spouse also has a separate right of election against the will under N.J.S.A.
3B:8-1 (elective share of one-third of the augmented estate), though this applies to testate estates rather than intestacy.
Half-blood relatives in New Jersey: Half-blood relatives inherit the same as whole-blood relatives. A half-sibling has the same inheritance rights as a full sibling under New Jersey intestacy law.
Assets That Pass Outside New Jersey Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), jointly held property with right of survivorship, and assets held in trust pass outside New Jersey intestate succession rules and are not governed by N.J.S.A. 3B:5-3 or 3B:5-4.
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Other New Jersey intestacy rules: Survivorship requirement: an heir must survive the decedent by 120 hours (5 days) to inherit under N.J.S.A. 3B:5-5. Posthumous relatives conceived before but born after the decedent’s death inherit as if born during the decedent’s lifetime, provided they survive at least 120 hours after birth.
Civil union partners and domestic partners have the same intestate inheritance rights as a surviving spouse under the 2023 amendment (c.238). Adopted children inherit the same as biological children. Stepchildren who were not legally adopted do not inherit under intestacy. For small estates valued under 50000 where the surviving spouse or domestic partner is entitled to everything, a simplified summary probate procedure may be available.
For estates under 20000 with no surviving spouse, one heir with consent of the others may file an affidavit to receive assets without full administration under N.J.S.A. 3B:10-4.
What Dying Without a Will in New Jersey Really Means
When someone dies without a will in New Jersey, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how New Jersey divides an estate when someone is dying without a will in New Jersey, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in New Jersey helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in New Jersey depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in New Jersey, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official New Jersey Sources & Resources
- New Jersey Court Self-Help: https://www.njcourts.gov/self-help
- New Jersey Intestate Succession Statute: https://law.justia.com/codes/new-jersey/title-3b/section-3b-5-3/
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New Jersey intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More New Jersey Wills & Probate Guides
- New Jersey Wills & Estate Planning
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- New Jersey Estate & Inheritance Tax
- New Jersey Small Estate Affidavit
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.