Elective Share in New Jersey
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if children survive, or one-half if no children.
How New Jersey treats Elective Share
New Jersey grants the surviving spouse an elective share of one-third of the net estate if the decedent left surviving children, or one-half if no children survive. The spouse must file the election in writing with the surrogate within a specified time frame, commonly within a few months of the decedent's death. The elective share applies to the probate estate and may include certain non-probate transfers depending on the circumstances.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Jersey.