FAQs | Surviving spouse or domestic partner’s intestate share | Toms River Attorney

 
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What is the surviving spouse’s or domestic partner’s intestate share?
 
 

Below is the State of New Jersey’s intestacy statute which outlines what share of an intestate estate 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:5-3. Intestate share of decedent’s surviving spouse or domestic partner.

The intestate share of the surviving spouse or domestic partner is:

a.     The entire intestate estate if:

(1)     No descendant or parent of the decedent survives the decedent; or

(2)     All of the decedent’s surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent;

b.     The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

c.     The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:

(1)     If all of the decedent’s surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or

(2)     If one or more of the decedent’s surviving descendants is not a descendant of the surviving spouse or domestic partner.

NOTE: This page is for general information only and is not to be relied upon. New Jersey statutes are amended and updated periodically. You should consult a Toms River attorney if you have questions regarding estate planning issues.

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