MyStateWill.com

THIS VERSION OF THIS SITE IS BEING REPLACED: KEEP CHECKING BACK

*SAVING OR USING THIS SITE OFFLINE VIOLATES THE OWNER'S COPYRIGHT

 

New Jersey Intestacy Laws
These are selections from the New Jersey intestate succession statutes.  (Title 3B: Administration of Estates-Decedents and Others, 3B:5)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


3B:5-3 Intestate share of decedent's surviving spouse or domestic partner
The intestate share of the surviving spouse or domestic partner is:  a. The entire intestate estate if:

(1) No descendant or parent of the decedent survives the decedent; or

(2) All of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent;

b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:

(1) If all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or

(2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.

3B:5-4. Intestate shares of heirs other than surviving spouse or domestic partner.
Any part of the intestate estate not passing to the decedent's surviving spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse or domestic partner, passes in the following order to the individuals designated below who survive the decedent:

a. To the decedent's descendants by representation;
 

b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent;

 

c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation;

d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.



CLICK HERE AND OPEN THE NEW SITE TO CONTINUE READING THE LAWS


  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The New Jersey intestate succession statutes may be found in full by selecting this link.  (Title 3B: Administration of Estates-Decedents and Others, 3B:5)


Legal Programs

Intestacy Calculators™

Per Stirpes Calculator™

Per Capita Calculator™

Estate Tax Calculator

State Law Summaries

 

Facts and Charts

Degrees of Kinship

Intestacy Law Facts

Family Member Shares

Blended Family Shares

 

Popular Articles

The deceased's debts

Dividing real estate

Who can contest a will

Credit shelter trusts

Who gets the house

Which laws apply

Notarizing wills

All Articles

 

Copyright © Kurt R. Nilson   |   Terms of Use   |  Privacy Policy