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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 survivesThe spouse, civil union partner or domestic partner takes
Who else survivesNo descendant or parentThe 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 descendantThe spouse, civil union partner or domestic partner takesThe entire intestate estate
Who else survivesNo descendant, but a parentThe 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'sThe 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
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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)
  1. N.J.S.A. 3B:5-3 — Intestate share of decedent's surviving spouse or domestic partner
  2. 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.

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