The emotional impact of losing a loved one can make the legal responsibilities that follow overwhelming. Cosner Law Group guides executors and administrators through the probate and estate administration process in New Jersey, supporting grieving families with clarity and compassion in estate law.
In New Jersey, whether a person dies with a valid will (testate) or without one (intestate) determines whether their estate is distributed according to their specific instructions or strictly according to New Jersey estate law. This post will help explain the differences between testate and intestate succession in New Jersey.
What Is Testate Succession?
If the person left behind a legally valid will, their estate enters testate succession. The terms of their will dictate property distribution and who serves as executor.
During testate succession:
- The courts distribute assets according to the decedent’s instructions.
- A named executor is responsible for managing the estate.
- The surrogate’s court validates the will.
- The court follows the will in identifying beneficiaries.
Simplified Probate
In cases where estate assets are worth less than $20,000, the estate executor can initiate a simplified probate process that helps limit the time and complexity of closing the estate.
Additional Considerations for Testate Succession
Creditors Must File Within 9 Months
Estate creditors must file their claims against the estate within nine months. If there are no claims against the estate within nine months, the executor can begin distributing assets to beneficiaries.
Heirs Can Contest Wills
Even if the deceased left a will, disputes can occur between family members regarding its validity. Heirs may contest the will based on allegations of undue influence, fraud or a decedent’s mental capacity.
Start the Probate Process as Soon as Possible
Probating a will as soon as possible can help avoid complications during the probate process. For example, financial institutions freeze accounts upon learning of an account holder’s death, leaving household bills unpaid. Proactively speaking with probate lawyers is crucial in cases where surviving family members depend on account access.
As one of the foremost probate law firms serving New Jersey families, Cosner Law Group can help guide you through the probate process, reduce the emotional toll, and support you in honoring your loved one’s wishes.
What Is Intestate Succession?
If someone dies without a will, their estate passes through intestate succession, a process governed entirely by New Jersey intestacy laws. In this case:
- The court appoints an administrator to manage the estate
- Assets are distributed to surviving relatives according to a fixed legal hierarchy, as follows:
- Spouse and children
- Parents and siblings
- Extended family, including nieces, nephews, and cousins
- Close friends, unmarried partners, or charitable organizations typically receive nothing unless named as legal heirs through another means (such as a trust or beneficiary designation)
Additional New Jersey Intestate Succession Provisions
New Jersey intestate succession laws include several specific provisions that determine how property passes without a will.
Survival Requirements
Under New Jersey law, beneficiaries must survive the decedent by at least 120 hours to inherit through intestate succession. This rule prevents property from passing to someone who dies shortly after the original owner. For example, if two siblings die in the same accident with only hours between their deaths, the second sibling’s estate cannot inherit from the first. The survivorship requirement ensures property passes to individuals who can meaningfully receive and manage the inheritance.
Treatment of Half-Siblings and Half-Relatives
New Jersey intestacy law treats half-relatives identically to relatives for inheritance purposes. A half-sister who shares only one parent with the decedent receives the same inheritance rights as a sister who shares both parents.
Equal treatment recognizes the family relationships that exist regardless of whether siblings share one or both parents, ensuring that all children of a parent have equal inheritance rights from their siblings.
Posthumous Children and Relatives
Children and other relatives conceived before the decedent’s death but born afterward retain full inheritance rights under New Jersey law. These posthumous relatives inherit as if they had been born during the decedent’s lifetime, provided they survive for at least 120 hours after birth. The provision protects the inheritance rights of unborn children and ensures that pregnancy at the time of death does not disadvantage potential heirs.
Citizenship and Immigration Status
New Jersey intestacy law does not consider citizenship or immigration status when determining inheritance rights. Relatives entitled to inherit under the intestate succession statutes receive their inheritance regardless of whether they are U.S. citizens or have legal immigration status. This ensures that family relationships, rather than legal status, determine inheritance rights under state law.
Lifetime Gifts and Advancements
When someone receives property during the decedent’s lifetime, that gift may reduce their inheritance share, but only under specific circumstances. The gift counts as an “advancement” against the inheritance only if the decedent documented in writing at the time of the gift that it should be considered an advancement or if the recipient later acknowledges in writing that the gift was an advancement.
Without such written documentation, lifetime gifts do not affect intestate inheritance shares. This rule helps prevent disputes over whether past gifts should lower inheritance amounts.
Why You Need an Estate Lawyer
Whether your loved one had a will or died intestate, working with a knowledgeable estate lawyer will help prevent costly mistakes and reduce the risk of delays, litigation, or estate mismanagement.
At Cosner Law Group, our attorneys assist with all phases of probate and estate administration, including the following:
- Filing court petitions and securing Letters Testamentary or Administration
- Identifying, inventorying, and appraising assets
- Managing estate debts and taxes
- Distributing assets legally and efficiently
Harnessing over 50 years of experience in New Jersey estate law, our lawyers help executors, administrators, and family members understand their rights and fulfill their legal obligations.
Book a Free Estate Attorney Consultation
If you’ve recently lost a loved one and are unsure whether their estate qualifies as testate or intestate, our estate attorneys are here to help. The sooner you act, the easier it becomes to protect the estate’s value and minimize family disputes.
Contact us today to schedule a free consultation and receive experienced guidance on moving forward with distributing your loved one’s estate.
Frequently Asked Questions About Estate vs. Intestate Succession in New Jersey
Can a surviving partner inherit if there’s no will?
Unmarried partners generally cannot inherit under New Jersey intestacy laws unless named as beneficiaries through other estate planning tools, such as a trust or retirement account.
Can a handwritten will avoid intestate succession?
New Jersey does recognize handwritten (holographic) wills under certain conditions. However, the will must be clearly written and signed by the testator. It’s still advisable to have a formal will prepared by an attorney.
How do I start the process if my loved one died intestate?
The County Surrogate’s Court will appoint an estate administrator. Our estate attorneys will help you with filing paperwork, notifying heirs, and managing the estate while complying with state
law.
What happens to jointly owned property when one owner dies?
Property owned as “joint tenants with rights of survivorship” automatically passes to the surviving owner(s) outside of probate. However, shares in property owned as “tenants in common” become part of their estate and are distributed according to the will or intestacy laws.
What happens if a beneficiary who would inherit under intestacy laws dies before the decedent?
New Jersey follows “per stirpes” distribution in most cases, meaning that if a child predeceases the parent, their share passes to their children (the grandchildren of the original decedent). If there are no grandchildren, the deceased child’s share is redistributed among the surviving children.