Intestate Succession FAQs

Intestate succession is the legal process by which a person’s assets are distributed after their death when they die without a valid will or other estate planning documents. When a person dies intestate, their assets are distributed according to the intestacy laws of the state where they lived at the time of their death.

If you die without a will in New Jersey, your assets will be distributed according to the intestacy laws of the state. The exact distribution of your assets will depend on a variety of factors, including your family relationships and the value and type of your assets.

Generally, if you are married and have no children, your spouse will inherit all of your assets. If you are married and have children, your spouse will inherit the first 25% of your assets, with the remainder being divided equally among your children. If you have no spouse or children, your assets will be distributed to your parents, siblings, or more distant relatives, depending on the specific circumstances.

If you are not married, but have children and die without a will in New Jersey, your assets will be divided equally among your children. If any of your children have died before you, their share will be divided among their own children (your grandchildren).

If you are not married and die without a will in New Jersey and have no children, your assets will be distributed according to the state’s intestacy laws. The specific distribution of your assets will depend on a variety of factors, including your family relationships, the types of assets you own, and the value of your assets.

If you die without a will in New Jersey and have no living relatives, your assets will be escheated to the state of New Jersey. Escheatment is the legal process by which assets are transferred to the state when the owner dies without any living heirs or beneficiaries. It is important to note that if you die without a will, the distribution of your assets may not reflect your wishes or the needs of your loved ones. Additionally, the distribution of your assets through escheatment may be subject to probate court proceedings, which can be time-consuming and costly for your loved ones.

Yes, in New Jersey, anyone who has a legal interest in your estate may challenge the distribution of your assets if you die without a will. This may include your surviving spouse, children, siblings, parents, or other relatives.

Probate is the legal process by which a deceased person’s assets are transferred to their heirs or beneficiaries. In New Jersey, the probate process typically involves the following steps: filing a petition for probate, notification of interested parties, appointment of executor or administrator, inventory and appraisal of assets, payment of debts and taxes, and closing the estate.

In New Jersey, it is generally not possible to disinherit a family member through intestate succession, as the state’s intestacy laws provide for the automatic distribution of assets to surviving family members in a predetermined order of priority.

Yes, in New Jersey, it is possible to contest a will if you have reason to believe that the will is invalid or does not accurately reflect the deceased person’s wishes. Common reasons for contesting a will may include allegations of undue influence, lack of capacity, fraud, or forgery.

In New Jersey, you can ensure that your wishes for end-of-life care are honored by creating an advance directive. An advance directive is a legal document that specifies your preferences for medical treatment and end-of-life care, and designates a healthcare proxy or agent to make medical decisions on your behalf if you become incapacitated and are unable to make decisions for yourself.