When someone close to you passes away without leaving a will, it can feel overwhelming. The first question many families ask is: What do we do now?
At Ritigstein Law, we understand that dealing with probate and estate administration matters during a time of grief can be stressful. That is why we want to outline the first steps New Jersey families should take when a loved one dies intestate (without a will).
This article will walk you through what to expect, how New Jersey’s intestacy laws apply, and the practical actions you can take to protect your loved one’s estate and your family’s rights.
Why Dying Without a Will Matters in New Jersey
When someone dies without a valid will, New Jersey’s intestacy laws decide who inherits the estate. The Surrogate’s Court in the county where your loved one lived oversees this process. Instead of the person choosing who will receive their property, state law sets out a default order of heirs, usually beginning with a surviving spouse and children, then parents, siblings, and other relatives.
This can sometimes lead to results the deceased person may not have intended. It may also cause confusion or conflict among surviving family members. Knowing the process and acting quickly can help reduce stress and prevent unnecessary disputes.
Step 1: Obtain the Death Certificate
The death certificate is required for nearly every part of the process, from notifying banks to starting probate. You can usually obtain certified copies from the funeral home or directly from the New Jersey Department of Health. It is a good idea to request multiple copies, as many institutions require originals.
Step 2: Secure Property and Important Documents
Before the estate is formally managed, make sure your loved one’s home, vehicles, and valuables are safe. Locate documents such as deeds, bank statements, insurance policies, and tax returns. These will be essential in moving forward with the estate process.
Step 3: Identify the Heirs Under New Jersey Intestacy Law
New Jersey law specifies who inherits and in what order. For example:
- If the deceased leaves a spouse and children of that marriage, the spouse usually inherits everything.
- If there are children from a prior relationship, the estate may be divided between the spouse and those children.
- If there is no spouse or children, parents or siblings may inherit.
Understanding this hierarchy is key to knowing who will be involved in the process.
Note: Some assets do not pass under intestacy, such as life insurance or retirement accounts with named beneficiaries, and jointly held property with rights of survivorship.
Step 4: Petition the Surrogate’s Court for Administration
Since there is no will naming an executor, someone must be appointed to manage the estate. In New Jersey, a family member can apply to the county Surrogate’s Court to become the “administrator.” This person has legal authority to collect assets, pay debts, and distribute property according to state law.
Step 5: Notify Creditors and Pay Debts
Before heirs can receive property, debts and final expenses must be paid. Creditors must be notified of the death and given an opportunity to make claims. Careful record-keeping is important. Under New Jersey law, creditors generally have nine months from the decedent’s date of death to present a claim in writing under oath. Once a claim is properly presented, the administrator (or personal representative) typically has three months to accept, reject, or partially accept the claim, and must provide written notice of that decision before distributing assets.
Step 6: Distribute Assets According to Law
Once debts, taxes, and expenses are handled, the remaining assets are divided among heirs as set out by New Jersey’s intestacy statute. Because emotions can run high, especially in blended families, disputes sometimes arise. In these situations, legal guidance can prevent misunderstandings from escalating.
Step 7: Seek Legal Guidance Early
Probate and estate administration without a will can be complicated. Families often face questions about inheritance rights, disagreements over property, or concerns about administrators. Speaking with an experienced estate attorney early in the process can save time, money, and stress.
At Ritigstein Law, we guide families in Burlington, Camden, and Gloucester Counties through probate and estate administration. Our goal is to provide clear advice and protect your family’s best interests at every stage.
Challenges Families Often Face in Intestate Estates
Even when families are united in wanting to do what is best, the process of handling an estate without a will can lead to complications. Some of the most common challenges include:
- Family disagreements: Conflicts may arise over who should serve as administrator or how property should be divided among heirs. These disputes can slow the process and place added strain on family relationships.
- Blended families: When there are children from prior relationships, inheritance rights may be divided in ways that feel complicated or unexpected under New Jersey’s intestacy laws.
- Creditor claims: Debts, medical bills, or tax obligations generally must be addressed before heirs receive their share, which can reduce the value of the estate that passes on.
- Court delays: Missing documentation, competing petitions, or disputes among heirs can extend the time it takes for the Surrogate’s Court to complete the administration process.
- Unclear ownership: Property titled jointly, or assets without updated records, may create confusion about who is entitled to receive them.
By being aware of these potential challenges, families can take steps to prepare and manage expectations during an already difficult time. Consulting with a knowledgeable South Jersey estate planning attorney can help clarify rights and responsibilities, and may reduce the likelihood of unnecessary conflict.
Practical Takeaways
- Act quickly to secure documents and property.
- Learn who the legal heirs are under NJ intestacy law.
- Petition the Surrogate’s Court for authority to administer the estate.
- Get legal advice before conflicts arise.
Compassionate Guidance for Families in New Jersey
Losing a loved one is never easy, and the added stress of handling their estate without a will can feel overwhelming. Ritigstein Law, based in Haddonfield, New Jersey, is here to help guide you through each step with compassion and clarity. Whether you are facing probate, estate litigation, or simply need help understanding your next move, we are ready to support you and your family.
If your family is facing the loss of a loved one without a will, contact Ritigstein Law today to schedule a free 30-minute consultation. You can reach us by phone or through our online form. We proudly serve clients throughout South Jersey, including Burlington, Camden, and Gloucester Counties.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult with an attorney about your specific circumstances.
