Dying Without a Will in New Jersey: What Happens to Your Estate?

Many people put off writing a will, assuming they have more time or that their family will "figure it out." But in New Jersey, dying without a will, a situation the law calls dying intestate, can have significant consequences for the people you leave behind. Understanding what happens to your estate without a will can be the motivation you need to finally get one done.

When Dying Without a Will in New Jersey, the State Decides Your Assets

When you die without a will in New Jersey, the state's intestacy laws determine who inherits your property. This is not a personalized process; it follows a fixed legal formula regardless of your wishes or the specific circumstances of your family.

Under New Jersey's intestacy statute (N.J.S.A. 3B:5-3), the distribution generally works as follows: if you are married with children who are also your spouse's children, your spouse inherits everything. If you have children from a prior relationship, your spouse receives the first 25% of your estate (with a minimum of $50,000 and a maximum of $200,000), plus half of the remaining estate, and your children divide the rest. If you have no spouse, your children inherit equally. If you have no spouse and no children, the estate passes to your parents, then to your siblings, and so on down the line of relatives.

What About Unmarried Partners?

This is where intestacy laws can be particularly harsh. If you are in a long-term relationship but not legally married, your partner receives nothing under New Jersey intestacy law, regardless of how many years you lived together or how much you intended them to inherit. Only a valid will can protect an unmarried partner.

Your Minor Children May Be Affected

If you have minor children and die without a will, a court will appoint a guardian for them. While a judge will prioritize the child's best interests, you will have had no say in who that guardian is. A will allows you to name the person you trust most to raise your children.

The Probate Process Becomes More Complicated

Without a will, your estate still goes through probate in New Jersey, the legal process of settling your affairs. However, the process can be significantly more complicated and time-consuming without clear written instructions. This can delay asset distribution, increase legal costs, and create stress for your family during an already difficult time.

Certain Assets Are Not Affected

It is worth noting that not all of your assets pass through a will or intestacy. Life insurance policies, retirement accounts (like IRAs and 401(k)s), and assets held in joint tenancy with right of survivorship pass directly to the named beneficiary regardless of whether you have a will. However, for everything else (i.e., bank accounts in your name alone, real estate, personal property ), intestacy rules apply if there is no will.

The Bottom Line

Dying without a will in New Jersey means the state makes decisions that you could have made yourself. A properly drafted will ensures your assets go to the people you choose, names a guardian for your children, and makes the process easier for everyone you leave behind.

If you do not yet have a will, or if yours has not been updated in several years, now is a good time to speak with an estate planning attorney.

Contact us today to discuss your business or legal matter. Put our 20+ years of legal experience to work for you.

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For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at  info@pjlesq.com.

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About Peter J. Lamont, Esq.

Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.

Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.

As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services tailored to each client's unique needs and goals.

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