Intestacy

What happens when a Bergen County resident dies without a Will.

The information below is provided as a public service by the Bergen County Surrogate’s Court. It is not a substitute for legal advice.

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Intestacy

Intestacy (Without a Last Will and Testament)

Intestacy occurs when someone dies without a valid Last Will and Testament. In these cases, New Jersey law determines who inherits the estate and who may be appointed to administer it.

Instead of the decedent choosing beneficiaries, New Jersey’s intestacy statutes determine:

  • Who inherits the estate
  • Who has priority to serve as administrator
  • How property is divided among family members

    • The Surrogate’s Court appoints an administrator to manage the estate.

    Who inherits under New Jersey intestacy law?

    New Jersey law distributes assets based on the decedent’s closest surviving relatives. Refer to N.J.S.A. 3B:5-3 and N.J.S.A. 3B:5-4 for detailed information.

    Who can be appointed administrator?

    New Jersey law – N.J.S.A. 3B:10-2 sets a priority order for who may serve as administrator of an intestate estate. Typically, the following individuals may apply, in order:

    1. Surviving spouse or civil union partner
    2. Adult children
    3. Parents
    4. Siblings
    5. Other next of kin

    If multiple people have equal priority (for example, several adult children), they must all consent or renounce their right to serve; otherwise, the Surrogate is unable to appoint an Administrator.

    Surety Bonds

    Administrators are required by law to obtain a surety bond to protect the estate. The bond amount is based on the value of the estate.

    How intestacy works

    1. Gather information about the decedent’s assets and next of kin.
    2. Submit required documents to the Surrogate’s Court.
    3. Obtain renunciations from relatives with equal or greater priority to serve as administrator.
    4. Qualify as administrator and obtain required surety bond.
    5. Receive Letters of Administration from the Surrogate.
    6. Collect and safeguard assets.
    7. Pay debts, taxes, and expenses –keep detailed records.
    8. File accounting if required.
    9. Distribute remaining assets according to New Jersey intestacy law.

    Non probate assets

    Intestacy laws apply only to probate assets. The following assets may pass directly to the named beneficiary or surviving owner (unless the beneficiary designation is invalid or no beneficiary survives).
  • Joint bank accounts with right of survivorship
  • Jointly owned real estate
  • Life insurance policies
  • Retirement accounts (IRAs, 401(k))
  • Transfer on death or payable on death accounts

    • Why having a will matters

    Intestacy laws may not reflect your wishes. A Last Will and Testament allows a person to:
  • Choose beneficiaries
  • Appoint an executor
  • Appoint guardians for minor children
  • Control how and when assets are distributed
  • Reduce costs and delays
  • Avoid surety bond requirements in many cases

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    Questions About Probate? We Are Here to Help.

    Our staff is honored to serve our community and is happy to guide you. Please make an appointment prior to your arrival.

    Address:
    Bergen County Surrogate’s Court
    Two Bergen County Plaza, Suite 5000
    Hackensack, NJ 07601

    Phone: (201) 336-6700
    Website: www.bergencountysurrogate.com

    We are deeply thankful to have a dedicated staff caring for our friends, neighbors, and families here in Bergen County every day.