What Happens if You Don’t Have a Will in New Jersey?

In New Jersey, if you pass away without a will, your estate will be distributed according to state law, a process known as "intestate succession." This can lead to outcomes that may not align with your wishes and can complicate the management of your estate.

When a person dies intestate, New Jersey law dictates who inherits their assets. Generally, the distribution hierarchy is as follows:

• Spouse: If you are married and have children, your spouse will inherit a significant portion of your estate. If you have no children, your spouse will typically inherit the entirety of your estate.
• Children: If you have children but no spouse, your estate will be divided equally among them.
• Parents: If you are unmarried and have no children, your assets will go to your parents.
• Siblings: If both parents are deceased, your siblings will be next in line to inherit.
• Extended family: If there are no immediate family members, your estate may extend to grandparents, aunts, uncles, and even cousins.

This hierarchy can lead to unexpected results. For example, if you wish to leave your assets to friends, charities, or favored family members who are not part of the direct line of succession, you will have no control over the distribution of your estate without a will.

Another important aspect to consider is the appointment of an executor. Without a will, the court will appoint an administrator to handle your estate, which may not be a person you would have chosen. This process can lead to delays and additional costs, as the administrator must navigate the legal framework established by the state.

Additionally, dying intestate can also complicate guardianship arrangements for minor children. A will allows you to designate a guardian of your choice, ensuring that your children are cared for by someone you trust. If you do not have a will, the court will decide who will take care of your children, which may not reflect your preferences.

Considering the complexity and potential turmoil of dying without a will in New Jersey, it is advisable to create one as part of your estate planning. With a will, you can outline your wishes clearly, designate beneficiaries, and establish how your assets should be managed and distributed.

In summary, not having a will in New Jersey can lead to unintended financial consequences, complicate the distribution of your estate, and create challenges in guardianship arrangements for minors. Therefore, it is crucial to consult with an estate planning attorney to ensure that your wishes are honored.