When someone passes away without a will in New Jersey, their estate does not automatically transfer based on family wishes.

Instead, it follows New Jersey’s intestate succession laws. You can learn more about the overall process on my Probate & Estate Planning Overview page.

This process can affect:

• Who inherits property

• Who has authority to manage the estate

• Whether probate is required

• How quickly assets can be accessed

• How real estate can be sold

Understanding what happens without a will can help families avoid unnecessary confusion.

What Does “Intestate” Mean?

If a person dies without a legally valid will, they are considered to have died “intestate.”

In that case:

• The court appoints an administrator

• Assets are distributed according to state law

• The estate must go through probate if assets are solely titled

Probate is handled at the county level through the Surrogate’s Court.

Who Inherits If There Is No Will in NJ?

New Jersey law determines inheritance order.

Distribution depends on whether the deceased had:

• A surviving spouse

• Children

• Parents

• Siblings

For example:

• If there is a surviving spouse and children from that marriage, the estate may pass primarily to them.

• If there is no spouse but children, assets are typically divided among the children.

• If there are no direct descendants, inheritance may pass to parents or siblings.

The court does not consider personal intentions — it follows statutory guidelines.

Who Becomes the Administrator?

When there is no will naming an executor, the court appoints an administrator.

This person:

• Manages estate assets

• Pays debts and taxes

• Handles probate filings

• Distributes assets according to NJ law

In many cases, the administrator may be required to obtain a bond based on the value of the estate’s personal assets.

This adds additional time and cost.

What Happens to Real Estate?

Real estate often becomes one of the most complex assets in intestate estates.

If a home is solely titled in the deceased person’s name:

• Probate is typically required

• The administrator must receive court authority

• The property cannot be sold without Letters of Administration

• Title must be cleared before closing

This is why estate planning and real estate should never be viewed separately.

If you need guidance specific to selling inherited property, visit my Probate Real Estate Services page.

Can Probate Be Avoided?

In some cases, probate may be minimized or avoided through:

• Joint ownership with right of survivorship

• Living trusts

• Beneficiary designations

• Proper estate planning documents

However, without planning, the estate must follow the court process.

Why Having a Will Makes a Difference

A properly drafted will can:

• Name an executor

• Clarify asset distribution

• Potentially waive bond requirements

• Reduce disputes among heirs

• Provide structure during an emotional time

Planning does not eliminate grief.

It eliminates uncertainty.

Planning Ahead Protects Your Family

If you own property in New Jersey and do not currently have a will, your family may face:

• Court involvement

• Appointment of an administrator

• Bond requirements

• Delays accessing assets

• Additional legal coordination

Estate planning is not about preparing for the worst.

It is about protecting the people you love from unnecessary complications.

Need Guidance?

If you are currently handling an intestate estate or want to understand how your property is structured, I offer private consultations to review your situation and provide clarity.

No pressure. Just guidance.

Schedule a Probate Consultation →