What Happens If You Die Without a Will in New Jersey?
Without a will in New Jersey, a surviving spouse takes the entire estateN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationN.J.S.A. § 3B:5-4, § 3B:5-6Verified Sep 10, 2026View source.
New Jersey intestacy law decides. New Jersey follows separate property rulesN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of parents; Grandparents; Descendants of grandparents; Step-children and their descendants; No taker (unclaimed property)N.J.S.A. § 3B:5-3Verified Sep 10, 2026View source.
The surviving spouse's share in New Jersey depends on the family. With no children: If no parent survives: entire estate. If parent survives: first 25% (min $50K, max $200K) plus 3/4 of balanceN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. If spouse has other descendants: first 25% (min $50K, max $200K) plus 1/2 of balanceN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source. When a child from a prior relationship survives: First 25% (min $50K, max $200K) plus 1/2 of balanceN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source.
New Jersey divides per capita at each generationN.J.S.A. § 3B:5-4, § 3B:5-6Verified Sep 10, 2026View source: surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
New Jersey requires an heir to survive the decedent by 120 hoursN.J.S.A. § 3B:5-1Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under New Jersey intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In New Jersey, however, Partners in a civil union and Domestic partnersN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. A step-child can inherit in New Jersey: if there are no surviving descendants of your grandparents, the estate passes to your step-children or their descendants by representationN.J.S.A. § 3B:5-4(f)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The New Jersey will signing requirements set out what a valid will takes.
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Learn moreForms for Planning and Settling an Estate in New Jersey
Free New Jersey forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Renunciation of Executor
In New Jersey, a person named as executor may renounce the right to serveR. 4:96-2 (Renunciations)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In New Jersey, the Affidavit of Surviving Spouse or Next of KinN.J.S.A. 3B:10-3Verified Sep 8, 2026View source covers estates valued at $20,000N.J.S.A. 3B:10-3Verified Sep 8, 2026View source or less, filed with the court.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
In New Jersey, the personal representative is discharged automatically once the statutory period runsN.J.S.A. 3B:17-1, 3B:17-8, 3B:15-23Verified Sep 15, 2026View source, and no final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In New Jersey, a will is signed before 2N.J.S.A. 3B:3-2Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyN.J.S.A. 3B:3-2Verified Oct 19, 2026View source.
Healthcare Power of Attorney
New Jersey allows a choice for a healthcare power of attorney: 2New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care sample Proxy Directive (published by the NJ Department of Health; not codified in statute)Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
New Jersey requires explicit durability language for a power of attorney to survive incapacityN.J.S.A. §§ 46:2B-8.1 to 46:2B-8.14 (Revised Durable Power of Attorney Act); R.S. 46:14-2.1; R.S. 46:14-6.1; N.J.S.A. §§ 3B:14-61.9, 3B:14-61.10 (RUFADAA)Verified Sep 18, 2026View source, and it is signed before a notaryN.J.S.A. §§ 46:2B-8.1 to 46:2B-8.14 (Revised Durable Power of Attorney Act); R.S. 46:14-2.1; R.S. 46:14-6.1; N.J.S.A. §§ 3B:14-61.9, 3B:14-61.10 (RUFADAA)Verified Sep 18, 2026View source.
Tools for Planning and Settling an Estate in New Jersey
Free calculators and checklists for planning or settling an estate in New Jersey: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in New Jersey costs an estimated $35,885R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source. Attorney fees run 2.4%R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source to 3.9%R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
New Jersey allows you to name your own agent in advanceN.J.S.A. 45:27-22(a) (appointment in a will or on the board-approved form)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
New Jersey levies an inheritance taxN.J.S.A. 54:34-1, 54:34-2, 54:34-4Verified Sep 15, 2026View source, paid by the beneficiary at a rate set by relationship, and no estate tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In New Jersey, an inheritance is subject to a state inheritance taxN.J.S.A. 54:34-1, 54:34-2, 54:34-4Verified Sep 15, 2026View source at a rate set by the beneficiary's relationship; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in New Jersey take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesN.J.S.A. 54A:2-1 (rate schedule, as amended by P.L. 2020, c.94 — Millionaires Tax)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in New Jersey costs an estimated $35,885R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.4%R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source to 3.9%R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source of the estate. Estates under $20,000N.J.S.A. 3B:10-3Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
New Jersey sets executor compensation by statute — about $20,500 on a $500,000 estate, roughly 4.1%N.J.S.A. 3B:18-14Verified Sep 8, 2026View source.
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New Jersey Estate Planning Resources
In-depth guides covering New Jersey probate laws, trust requirements, and estate planning strategies.