What the rule says
New Jersey's intestacy statute, N.J.S.A. 3B:5-3, distributes the estate of a New Jersey decedent who dies without a will. The formula carefully distinguishes between mutual descendants and prior-relationship descendants, producing significantly different outcomes:
- Spouse and all descendants are mutual (children of both decedent and surviving spouse), with no decedent children from prior relationship and no spouse children from prior relationship: The surviving spouse takes the entire estate. - Spouse and at least one decedent's child from prior relationship (not the spouse's child): The surviving spouse takes 25% of the estate, but not less than $50,000 and not more than $200,000, plus one-half of the balance. The descendants take the rest. - Spouse and at least one spouse's child from prior relationship (not the decedent's child) but all decedent's descendants are also the spouse's: The surviving spouse takes the first 25% (same minimum and maximum) plus one-half of the balance. - Spouse but no descendants, with parent surviving: The surviving spouse takes 25% (same minimum/maximum) plus three-quarters of the balance. - Spouse but no descendants and no parents: The surviving spouse takes the entire estate. - Descendants but no spouse: The descendants take the entire estate by representation.
New Jersey also recognizes domestic partnerships and civil unions, and the surviving partner has rights similar to a surviving spouse under the framework.
What this means in practice
The formula treats blended families more carefully than many states:
- All-mutual-descendants family. A New Jersey resident dies without a will, leaving a surviving spouse and three mutual children. The estate is worth $400,000. The spouse takes $400,000. The children inherit through the spouse on the spouse's later death. - Decedent has child from prior relationship. A New Jersey resident dies without a will, leaving a surviving spouse and one child from a prior relationship. The estate is worth $400,000. The spouse takes 25% = $100,000 (within the $50,000-$200,000 range), plus 50% of the remaining $300,000 = $150,000. Spouse total: $250,000. The child takes $150,000. - Spouse has child from prior relationship, decedent has none. A New Jersey resident dies without a will, leaving a surviving spouse, two mutual children, and a stepchild who is the spouse's child from a prior relationship. The spouse takes the first 25% plus one-half of the balance. The mutual children take the rest. The stepchild (not adopted) takes nothing.
The $50,000 minimum and $200,000 maximum on the percentage component produce specific outcomes. For a $100,000 estate with prior-relationship descendants, 25% = $25,000 — but the floor brings it to $50,000. For a $1,000,000 estate, 25% = $250,000 — but the ceiling caps it at $200,000.
What you can do about it
A valid New Jersey will gives complete control over distribution:
- NJ will requirements. A will must be in writing, signed by the testator, and signed by two witnesses (N.J.S.A. 3B:3-2). - Self-proving affidavits are recognized. Adding a self-proving affidavit at execution simplifies probate. - Beneficiary designations override intestacy. Life insurance, retirement accounts, and similar assets pass to named beneficiaries. - Elective share. Under N.J.S.A. 3B:8-1 et seq., a surviving spouse can elect against the will and take one-third of the augmented estate.
Who this affects most
The NJ intestacy formula is most consequential for:
- Married NJ residents in blended families where the formulas distinguish carefully between mutual and prior-relationship descendants - Surviving spouses in mutual-descendants families who benefit from the entire-estate rule - Estates where the $50,000-$200,000 range affects the spouse's percentage component - Households with stepchildren (not adopted) — they take nothing under intestacy
New Jersey's framework provides among the most spouse-favorable intestacy outcomes for mutual-descendants families and a more carefully calibrated framework for blended families. A will is the only mechanism to direct a different distribution.