Who Inherits When There Is No Will

Under New Jersey law, when a person dies without a will (intestate), their property is distributed to their heirs according to the state's intestacy laws. Intestacy laws determine who inherits a person's property based on their relationship to the deceased.

If the deceased person was married and had children who are also the children of their spouse, the spouse will inherit the entire estate. If the deceased person was married and had children who are not the children of their spouse, the spouse will inherit the first $50,000 of the estate, plus one-half of the balance. The children will inherit the remaining half of the estate.

If the deceased person was not married and had no children, the estate will be distributed to their parents. If the deceased person had no surviving parents, the estate will be distributed to their siblings. If the deceased person had no surviving siblings, the estate will be distributed to their grandparents. If the deceased person had no surviving grandparents, the estate will be distributed to their aunts and uncles. If the deceased person had no surviving aunts and uncles, the estate will be distributed to their cousins.

It is important to note that these rules apply only to property that is not already covered by a will or trust. If the deceased person had a will or trust in place, their property will be distributed according to the terms of those documents.

Having a will can help ensure that your property is distributed according to your wishes after your death. It can also help avoid disputes among your heirs and make the probate process smoother for your loved ones. It is a good idea to consult with an attorney to help you draft a will that meets your needs and complies with New Jersey law.