If you die without a will in New Jersey, state laws determine how your assets will get distributed. This process, known as “intestate succession,” means the state decides how to divide your property. Without a will, you lose the ability to choose who inherits what. Here’s what you need to understand.
New Jersey’s rules of intestate succession
New Jersey follows specific rules when someone dies intestate (without a will). If you have a spouse and children, your spouse will receive part of your estate, while your children will share the rest. The exact breakdown depends on whether you have a surviving spouse and how you’ve titled your property.
For instance, if you’re married and have children, your spouse will receive one-third of your estate, and your children will get the remaining two-thirds. If you’re single and have no spouse or children, the state will direct your estate to other relatives, such as your parents or siblings, and even more distant relatives if needed.
What if you don’t have family?
If you die without a spouse, children, or close relatives, New Jersey law will pass your estate to more distant relatives. This could mean cousins, aunts, uncles, or even the state if no heirs can be found. The process can become complex and time-consuming when there’s no clear family line.
Complications without a will
When you don’t have a will, the probate process may become longer, and your family might face disputes over the estate. Delays in distribution and higher legal costs could arise. These issues can create unnecessary stress for your loved ones during an already difficult time.
Creating a will allows you to decide who gets your assets and who will manage your affairs. It also helps minimize taxes and reduce potential conflicts between your heirs.
Although thinking about your passing may seem uncomfortable, having a will in place ensures your wishes are respected and simplifies the process for your loved ones.