What Happens If You Die Without a Will in New Jersey?

If you die without a will in New Jersey, state law — not your family — decides who receives your assets. Many people assume everything will “naturally” go to their spouse or children. That isn’t always how the law works.

In New Jersey, dying without a will is called dying “intestate.” When that happens, your probate estate is distributed according to New Jersey’s intestacy statutes, which follow a fixed formula based on marital status and children.

Probate Estate?

Not everything you own is controlled by the probate process when you pass away. Any accounts of yours which have a “pay-on-death” designation that has been properly filled out are going to pass by operation of law to the person named on that form. These accounts will bypass the probate process, and can be directed to an individual or multiple people without needing a will.

Sometimes these accounts will also be assigned to a living trust upon the death of their owner. Common examples include retirement accounts, life insurance policies, and certain bank accounts.

The important thing to note here is that while these assets avoid probate, they will only pass to your intended heir if you’ve properly filled out the designation forms, and any asset without this designation will pass through the probate process. If there is no will, then those assets will be distributed in accordance with New Jersey’s intestacy laws.

Intestate Laws and What They Mean for Your Family

New Jersey law provides a default distribution scheme designed to make sure that your estate goes to your loved ones, even if you die without a will. Unfortunately, every family situation is different and it’s impossible to design a set of rules for estate distribution absent a will that would account for every scenario that may arise. The result, while designed with fairness in mind, does not always align with your specific wishes. Let’s illustrate with an example.

Imagine the Johnsons, Mark and Lisa. They found love later in life after Mark initially was married and had children with someone else. Mark and Lisa go on to have two children together, and over time Mark loses touch with the children from his first marriage.

Mark dies tragically in an accident without a will. What happens next?

According to New Jersey’s intestacy laws, Lisa would inherit 25% of Mark’s probate estate (subject to a $50,000 minimum and $200,000 maximum), plus one-half of the remaining balance. The rest? It gets split evenly amongst all of Mark’s children.

Did Mark intend to leave an inheritance for the children he lost touch with? If so, did he want it to be the amount New Jersey will ultimately provide them with? Absent a will, we’ll never know, but it’s easy to see where this may not have been in alignment with Mark’s wishes.

As you can see, the rules have been designed to account for which of the deceased person’s family members are still living at the time of their death, but not necessarily their actual relationship with the person that has passed away. In the chart below you’ll see what would have happened if Mark and Lisa had only children with each other, and what would have happened if Mark had died unmarried but still with children.

Scenario	Who Inherits
Mark and Lisa are married, Mark has no children from a previous relationship.	100% of probate estate goes to Lisa.
Mark and Lisa are married, Mark has a child from a previous relationship.	Lisa gets 25% of probate estate (minimum of $50k / maximum of $200k) and ½ of the balance. All of Mark’s children split the remainder.
Mark is unmarried at death.	Mark’s children split his probate estate in equal shares.

Notice how the chart says “probate estate.” Remember that even if Mark had passed away without a will, if he had named Lisa on his life insurance policy or 401k, then she would still have received those assets. This is why it’s vitally important not just to create an estate plan, but to make sure that your plan coordinates with your beneficiary designations.

Frequently Asked Questions

Does everything automatically go to my spouse in New Jersey?

Not always. If you have children from a prior relationship, your spouse may share the estate with those children.

What if I don’t speak to one of my children?

New Jersey’s intestacy laws do not consider the quality of your relationships.

What if I have stepchildren?

Stepchildren generally do not inherit under intestacy unless legally adopted.

Why This Surprises People

If you’re reading this article and feeling a sense of dread, don’t worry – you’re not alone. According to a 2024 national survey by Caring.com, more than half of American adults don’t have a will. As someone who works in this industry every day, it’s easy to see why.

Most of the time we’re not thinking about our possible demise, and since it can be uncomfortable to think about, many people will just assume that things will “work out.” That sense of dread you feel now is a recognition that maybe they won’t.

Luckily the solution is straightforward. A properly drafted estate plan ensures that your wishes — not a statutory formula — determine where your assets go. It also spares your loved ones uncertainty, delay, and potential conflict.

Conclusion

Estate planning is a difficult topic to think about, and creating a plan that aligns with your wishes often takes careful thought and preparation.

When you work with me we’ll start off with a thirty-minute video consultation where we’ll discuss your unique situation and the specific way that I would design your estate plan to accomplish your goals, secure your legacy and make sure that the final destination of your hard-earned assets is not determined by the state of New Jersey.

Click below to take the first step and schedule your consultation.

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