Dying Without A Will
N.J.S.A. 3B:5-3 — the spouse's or partner's share, and the first 25% of not less than $50,000
| Who else survives | The spouse, civil union partner or domestic partner takes |
|---|---|
| Who else survivesNo descendant or parent | The spouse, civil union partner or domestic partner takesThe entire intestate estate |
| Who else survivesDescendants who are all also the spouse's, and the spouse has no other descendant | The spouse, civil union partner or domestic partner takesThe entire intestate estate |
| Who else survivesNo descendant, but a parent | The spouse, civil union partner or domestic partner takesThe first 25%, not less than $50,000 nor more than $200,000, plus three-fourths of the balance |
| Who else survivesA descendant not the spouse's, or the spouse has a descendant not the person's | The spouse, civil union partner or domestic partner takesThe first 25%, not less than $50,000 nor more than $200,000, plus one-half of the balance |
A spouse or partner does not count for this section after a divorce or dissolution complaint that was not dismissed, a signed settlement or cut-off agreement, or a separation with a division of assets equal to equitable distribution.
- What does not go to the spouse, or all of it if there is none, goes first to the descendants.
- Then to the parents, then to the parents' descendants.
- Then half to each side's grandparents or their descendants.
- With no descendant of a grandparent, to the stepchildren or their descendants.
Sources for this section (2)
- N.J.S.A. 3B:5-3 — Intestate share of decedent's surviving spouse or domestic partner
- N.J.S.A. 3B:5-4 — Intestate shares of other heirs
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.