What Happens If You Die Without a Will in New Jersey?
Exploring the Real-Life Consequences of Intestate Succession
The Unwritten Future: A Celebrity's Tale
In 2016, music icon Prince died unexpectedly at 57 without a will, leading to a six-year legal battle among his family that cost millions. His lack of an estate plan delayed asset distribution and exposed his affairs to public scrutiny. Prince's case highlights the necessity of a comprehensive estate plan to ensure your assets are distributed as you wish and to avoid complications for your loved ones.
Navigating New Jersey's Intestate Succession Laws
When a person dies intestate (without a valid will) in New Jersey, the state decides who gets what. This might be fine in simple situations—but in blended families, estranged relationships, or when minor children or vulnerable adults are involved, things can get complicated fast.
Here’s how the state distributes your estate if you die without a will:
💍 Married with Children (all shared with spouse)
The spouse inherits everything.
💔 Married with Children (from another relationship)
The spouse receives the first 25% of the estate
(no less than $50,000, no more than $200,000)
plus half of the remaining balance.The children inherit the rest.
👵 Married with Parents (no children)
The spouse receives the first 25% (same limits)
plus three-quarters of the remaining balance.The parents inherit the rest.
🧍 Unmarried with Children
The children inherit everything, equally.
❌ No Immediate Family
The estate passes to more distant relatives, like siblings, nieces/nephews, grandparents, aunts/uncles, or cousins.
If no living relatives can be found, the assets escheat to the State of New Jersey.
💰 Note: Each year, millions of dollars in unclaimed or intestate estates escheat to the State Treasury—money that might have gone to a distant cousin, a trusted friend, or a cherished community organization if a will or trust had been in place.
🧭 Why a Trust May Be the Better Path
While having a will is a wise first step, a revocable living trust offers distinct advantages:
Avoids probate, saving time and money
Keeps your affairs private
Offers more control over when and how your beneficiaries receive assets
Can include asset protection provisions for children, spouses, or aging parents
🖊️ Your Legacy, Your Voice
Without a plan, New Jersey decides your legacy. Whether you're married, divorced, have kids, or not—taking control of your estate ensures that your wishes are honored, not left to a state formula.
Need help getting started? Let’s talk about how a custom estate plan—including a trust—can protect your loved ones and your legacy. Schedule your FREE Peace of Mind Planning Session Today!
