Any
part of the intestate estate not passing to the decedents 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 decedents
descendants by representation;
b. If there are no surviving descendants, to
the decedents 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 decedents
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 decedents paternal
grandparents equally if both survive, or to the surviving paternal grandparent,
or to the descendants of the decedents paternal grandparents or either of them
if both are deceased, the descendants taking by representation; and the other
half passes to the decedents 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 decedents
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 decedents step-children or their descendants by representation.
Amended
2004, c.132, s.47; 2005, c.331, s.3; 2009, c.43, s.3.
For
more information, go to http://njwillsprobatelaw.com/3b_5-4.html?id=2190&a=
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