Intestate Succession in New Jersey
State-specific overview · Estate & Probate
New Jersey awards the surviving spouse the entire estate if no descendants or parents survive, otherwise splits with heirs.
How New Jersey treats Intestate Succession
With a surviving spouse and children, the spouse receives the first $50,000 plus half the remainder, with children splitting the rest. If no spouse but parents survive, parents inherit; if no parents, siblings inherit in equal shares. New Jersey law also provides for adopted children and children born outside marriage under specific conditions, and recognizes representation by descent.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.