FAQs | Intestate share of heirs other than surviving spouse/domestic partner | Toms River Attorney

 

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What is the intestate share of heirs other than a surviving spouse or domestic partner?
Below is the State of New Jersey’s intestacy statute which outlines what share of an intestate estate heirs other than a surviving spouse or domestic partner will receive. In many cases, the below result is not what the decedent would have wanted and could have been avoided with a properly executed Will. If you have questions or would like to create an estate plan to avoid subjecting your estate to the New Jersey intestacy statute, contact one of our Toms River estate planning attorneys.

N.J.S.A. 3B:5-4. Intestate shares of heirs other than surviving spouse or domestic partner.

Any part of the intestate estate not passing to the decedent’s surviving spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse or domestic partner, passes in the following order to the individuals designated below who survive the decedent:

a.     To the decedent’s descendants by representation;

b.      If there are no surviving descendants, to the decedent’s parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1);

c.     If there are no surviving descendants or parent, to the descendants of the decedent’s parents or either of them by representation;

d.     If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent’s paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent’s maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half;

e.     If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation;

f.     If there are no surviving descendants of grandparents, then the decedent’s step-children or their descendants by representation.

NOTE: This page is for general information only and is not to be solely relied upon. New Jersey statutes are amended periodically. If you have questions, contact the Law Offices of Apicelli, Costanzo & Russom to speak with a Toms River attorney today.

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