Intestacy: What Does It Mean?

Navigating the intricate world of estate planning is a task often postponed, yet it holds immense importance in securing the future for loved ones. However, what happens when one passes away without a will? In the Garden State, the legal process that unfolds in such circumstances is governed by New Jersey's intestacy laws. Intestacy, a term unfamiliar to many, outlines how an individual's assets are distributed in the absence of a will. Understanding the implications of intestacy is crucial, as it not only affects the fate of one's estate but also shapes the legacies left behind. Join us as we delve into the intricacies of New Jersey's intestacy laws, shedding light on the pathways that unfold when a loved one passes away without a clear directive, and the importance of proactive estate planning in securing the future for generations to come.

What Does It Mean to Die Intestate?

To die intestate means to pass away without having made a valid will. When someone dies intestate, the distribution of their probate estate assets is determined by the laws of intestacy in their jurisdiction. These laws vary depending on the country or state but generally prioritize distributing assets to surviving spouses, children, and other close relatives in a predefined manner. Without a will, the deceased's wishes regarding asset distribution may not be honored, and the process of settling the estate can become more complex, more expensive and potentially contentious.  For those reasons, everyone should create a will to ensure that his or her assets are distributed as directed and to make the process easier for loved ones after death.

Do I Still Need To Hire a New Jersey Estate Administration Attorney If a Family Member Dies Intestate?

Yes, hiring a New Jersey estate administration attorney is advisable if a family member dies intestate, especially if the estate is complex or involves significant assets. Even though the laws of intestacy provide a framework for distributing assets when there is no will, navigating the legal process of settling an intestate estate can still be complicated. An experienced estate administration attorney can help guide you through the legal requirements, ensure that all necessary steps are taken, and help resolve any disputes that may arise among family members or other interested parties. They can also assist with gathering and valuing assets, paying debts and taxes, and distributing assets according to New Jersey's intestacy laws. Overall, having professional legal guidance can streamline the estate administration process and minimize the potential for complications or misunderstandings.

What Happens to My Estate if I Die Intestate in New Jersey?

If you die intestate in New Jersey, the distribution of your estate will be governed by the state's intestacy laws. Here's a general overview of what typically happens to an intestate estate in New Jersey:

The law of intestate succession in New Jersey states that:

• If you die leaving a spouse, a registered domestic partner, or civil union partner and children who are also the children of the spouse or legal partner, the spouse/legal partner receives 100% of the estate.

• If you die leaving a spouse, registered domestic partner, or civil union partner, and children of a prior marriage, the spouse/legal partner receives the first 25% (but not less than $50,000 nor more than $200,000), plus ½ of the balance of the estate. The children of the decedent share the remaining balance of the estate. If a child predeceased the parent and that child produced grandchildren, the grandchildren share the balance that would have been their parent’s share.

• If you die leaving a spouse, registered domestic partner, or civil union partner, and no children, but are survived by a parent(s), the spouse receives the first 25% (but not less than $50,000, nor more than $200,000) plus ¾ of the balance. Surviving parent(s) receive all other assets of the estate.

• If you die leaving a child or children but no spouse, registered domestic partner, or civil union partner, the children will take equally. Grandchildren will take their deceased parent’s share

• If you die leaving no spouse, registered domestic partner, or civil union partner, parent(s) will take all. If no parent survives, brothers and sisters of decedent will take equally. If a sibling predeceased the decedent, then the nieces and nephews will take their deceased parent’s share.

• If you die leaving a spouse, registered domestic partner, or civil union partner and children, and the surviving spouse or legal partner has children from a previous relationship, the spouse receives the first 25% (but no less than $50,000 and no more than $200,000). Children of the decedent share the remaining balance of the estate. The stepchildren do not share in the estate.

• If you die leaving a surviving spouse, registered domestic partner, or civil union partner, and only step-children, the surviving spouse or legal partner receives 100% of the estate.

• If you die without a surviving spouse, registered domestic partner, or civil union partner who had children from a previous relationship and you have no other descendants, such as parents, siblings, grandparents or other direct descendants, the step-children share 100% of the estate.

It's essential to note that the specific distribution of an intestate estate can vary based on individual circumstances and the presence of other relatives. Consulting with an estate administration attorney in New Jersey can provide you with more detailed information tailored to your situation and ensure that your estate is distributed according to state law.

‍