Who receives the assets if there is no Will?

 Who receives the assets if there is no Will?

Spouse and children of Decedent, all of whom are also children of spouse (and spouse has no children by any other relationship:

 If the decedent has a surviving spouse but no children of the decedent and no parents, the surviving spouse receives 100% of the estate and no bond is required.

If the decedent has a surviving spouse and children of the decedent’s all of whom are also children of the spouse and no other descendants the spouse will receive 100% of the estate and no bond will be required. The children receive nothing.

Spouse and parent(s), but no children:

If the decedent has a surviving spouse and no children of the decedent but surviving parent the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus three-fourth of the balance of the estate; parents receive all other assets. A bond will be required for an estate over $ 50,000.

        Spouse and children of Decedent, some of whom are not children of spouse

 If the decedent has a surviving spouse and children of the decedent whom are not children of the surviving spouse, the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus one-half the balance; children will receive all other assets. A bond will be required for an estate over $ 50,000.

 NJSA 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

If you die leaving no spouse, no children of the decedent, no parents, no descendants of parents, no grandparents or descendants of grandparents and no children of a spouse the estate passes to the State of New Jersey Unclaimed Property Administrator.

http://www.mercercounty.org/government/county-surrogate/administration-of-estate-no-will

         Note, the statute was amended for registered domestic partner and Civil Union Partner.