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When someone dies without a will in New York or New Jersey, state intestacy laws decide who inherits their property. These laws establish a strict order of priority among relatives and control how the estate is divided. Family members may receive more or less than the person intended, and blended families often face results they did not expect. Understanding how these rules work helps you see why a clear estate plan is so important.
What “Intestate Succession” Means in NY and NJ
Dying without a will is known as intestacy. When this happens, a court follows state law to determine who receives the person’s property. The court also appoints an administrator to manage the estate, as there is no named executor.
Not all assets pass through intestacy. Accounts with beneficiaries, life insurance policies, and jointly owned property transfer outside of the estate. Everything else, from personal belongings to real estate, follows the intestacy rules of either New York or New Jersey.
How Inheritance Works for Spouses and Children
Both states treat spouses and children as primary heirs, but the distribution rules differ.
New York Rules
- If there is a spouse and children, the spouse receives the first portion of the estate and half of what remains. Children divide the other half equally.
- If there is a spouse and no children, the spouse receives the entire estate.
- If there are children and no spouse, the children inherit everything equally.
These rules may not match the person’s wishes, especially in families with children from prior relationships.
New Jersey Rules
New Jersey’s laws depend on the family’s structure.
- If the spouse and children all share the same parent, the spouse receives most or all of the estate.
- If there are children from different relationships, the share for the spouse changes, and children may receive a larger portion.
- Stepchildren do not inherit unless they were legally adopted.
Blended families often experience unexpected outcomes because the law follows a fixed formula that does not account for personal relationships.
When There Is No Spouse or Children
If a person dies without a spouse or children, the law moves through a list of relatives in a set order.
Property may pass to:
- Parents
- Siblings
- Nieces and nephews
- Grandparents
- Aunts, uncles, and cousins
If none of these relatives can be located, the estate could go to the state. This rarely reflects someone’s actual wishes but is the required outcome when there is no will.
Property That Does Not Follow Intestacy Rules
Some assets pass directly to others without involving the estate. Examples include:
- Jointly owned property with rights of survivorship
- Bank or investment accounts with named beneficiaries
- Life insurance policies
- Trust assets
These items transfer regardless of whether a will exists. This is why beneficiary designations and estate plans must be reviewed together to avoid conflicts or unintended outcomes.
Common Problems When Someone Dies Without a Will
Families often face practical and emotional challenges when a loved one dies without written instructions. Common issues include:
- Disagreements over who should handle the estate
- Delays while the court appoints an administrator
- Difficulty gathering financial information
- Unequal or unexpected distribution among children, especially in blended families
- Conflict between relatives about personal belongings or property decisions
Intestacy laws provide structure, but they do not account for personal preferences, family dynamics, or special circumstances. Without a will, the law decides everything.
How Creating a Will Helps Your Family Avoid These Issues
A valid will allows you to make clear decisions about your estate. You control who inherits, who manages the estate, and how each person is provided for. You can also plan for minor children by naming a guardian and creating trusts for their care.
A will gives your family guidance during a difficult time and helps avoid disputes that often arise when there are no written instructions. It also works alongside beneficiary designations and other tools to create a complete and structured plan.
How We Support Clients in NY and NJ
At Merlino & Gonzalez, we help clients prepare wills that reflect their wishes, protect their families, and reduce the stress that intestacy can create. We also assist families who need guidance after a loved one dies without a will by explaining the process, identifying heirs, and helping the administrator complete each step.
Contact us today to create a plan that protects your wishes and supports the people you care about.