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When someone dies without a will, New Jersey’s intestacy laws decide who inherits their property. These state rules determine how assets are distributed among surviving spouses, children, parents, or other relatives, often in ways the deceased might not have intended. Without a will, the court appoints an administrator to manage the estate, which can result in delays, disputes, and additional costs. Understanding how intestacy works and how to avoid it helps protect your loved ones and ensures your wishes are carried out.
How Intestacy Works in New Jersey
Intestacy refers to dying without a valid will. In New Jersey, the probate court follows state statutes to determine who receives your property. The distribution depends on your family structure at the time of death.
- Married with no children or parents: The surviving spouse inherits everything.
- Married with children (all shared with the same spouse): The spouse typically inherits the entire estate.
- Married with children from another relationship: The estate is divided between the spouse and those children.
- Unmarried with children: The children share the estate equally.
- No spouse or children: The estate passes to parents, then siblings, and continues through more distant relatives if needed.
If no relatives can be found, your estate eventually goes to the State of New Jersey.
The Role of the Court in Administering an Intestate Estate
Without a will naming an executor, the court must appoint an administrator. This person manages the estate, paying debts, filing taxes, and distributing assets in accordance with state law. The process often takes longer than a standard probate case because:
- The court must confirm who qualifies as next of kin.
- Potential heirs may need to provide affidavits or legal documentation.
- Disagreements among relatives can lead to formal hearings or mediation.
Having a will in place allows you to choose your executor and simplify these steps for your family.
Common Problems That Arise Without a Will
Intestacy can create unintended results, especially in blended families or when unmarried partners share assets. Common issues include:
- Unintended heirs: Property may go to relatives you wouldn’t have chosen.
- Family conflict: Disputes often arise among heirs over property division.
- Financial hardship: Delays in estate administration can leave loved ones waiting for access to funds.
- No guardianship plan: Parents who die without a will lose the opportunity to name a guardian for minor children.
These challenges often lead to added stress and legal expenses that could have been avoided through estate planning.
How to Avoid Intestacy in New Jersey
The most effective way to avoid intestacy is by creating a valid will. In New Jersey, a will must be:
- In writing and signed by the testator (the person making the will).
- Witnessed by at least two people.
- Created voluntarily and by someone of sound mind.
A well-drafted estate plan can also include:
- Trusts to manage or protect assets for specific beneficiaries.
- Powers of attorney and advance directives to handle financial and medical decisions.
- Beneficiary designations on life insurance and retirement accounts to ensure proper transfers.
An experienced estate planning attorney can help ensure all documents meet state requirements and align with your goals.
Why Estate Planning Is Worth the Effort
Creating a will is more than deciding who gets your property. It’s a way to protect your family, minimize disputes, and give yourself peace of mind. Even a simple will can make the probate process faster and less expensive. For families with complex assets or special circumstances, such as second marriages or family businesses, estate planning can help prevent serious complications later on.
Protect Your Wishes and Your Loved Ones
If you die without a will, the state decides who inherits your estate — not you. Avoid uncertainty and protect your loved ones by creating a plan that reflects your wishes.
Bozanian McGregor, LLC helps New Jersey families prepare wills, trusts, and complete estate plans tailored to their needs. Contact us today to schedule a consultation and take the first step toward protecting your legacy.