What Changes the Answer in New JerseyProbate assets, family structure, and the governing statute
The calculator is only meaningful once you isolate the probate estate. Beneficiary-designated accounts, trust assets, and survivorship property often never reach intestate succession at all.
New Jersey follows its own default inheritance rules, so the answer depends on family structure and which assets are actually part of the probate estate.
New Jersey source data cites N.J.S.A. Title 3B, Chapter 5 (Intestate Succession and Wills); N.J.S.A. 3B:5-1 through 3B:5-14.1 for this no-will inheritance screen. Verify the current statute and local court process before relying on the calculator result for a filing or distribution decision.
What drives the resultFamily structure, probate assets, and state-specific rules
Family Structure
The result depends on who survives: spouse, descendants, parents, siblings, and sometimes more remote relatives.
Probate Assets Only
Property that already transfers outside court often never reaches the state’s default inheritance rules.
State-Specific Rules
Even when family facts look familiar, the default split can change materially from one state to another.
What to Check Before Relying on the ResultWills, joint ownership, and beneficiary designations to confirm first
Confirm whether there is a valid will, whether property is jointly owned, and whether any accounts already have beneficiary designations. Those issues often matter more than people expect because they can remove property from the intestate pool altogether.
After this step, review asset structure with the estate value calculator, check non-probate transfers with the beneficiary checker, and use the New Jersey courts page if the estate will still need local probate handling.
Frequently Asked Questions
Who inherits if there is no will in New Jersey?
Does a surviving spouse automatically inherit everything in New Jersey?
What happens to assets with no heirs in New Jersey?
Does intestate succession apply to all assets?
Official Sources and Further ReadingOfficial references used for this page
- N.J.S.A. Title 3B, Chapter 5 (Intestate Succession and Wills); N.J.S.A. 3B:5-1 through 3B:5-14.1 governing intestacy statute
- P.L.2004, c.132 (enrolled chapter law), which rewrote N.J.S.A. 3B:5-3 to the 25% / $50,000 floor / $200,000 cap formula. Section 95: effective on the 180th day after enactment. Approved August 31, 2004.
- P.L.2023, c.238 (A2351 2R), which added N.J.S.A. 3B:5-3(d) and amended N.J.S.A. 3B:8-1. Effective immediately; approved January 8, 2024.
- P.L.2009, c.43, which added step-children to N.J.S.A. 3B:5-4(f) and enacted N.J.S.A. 3B:5-14.1. Effective the first day of the third month following enactment; approved April 15, 2009.
- New Jersey Courts, New Jersey Surrogates Roster (21 county Surrogates)
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Jersey can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.