New Jersey estate facts · No will
What if no heir applies to administer an estate in New Jersey?
The short answer
If the heirs don't claim administration within 40 days of the death, the court may appoint another suitable person.
The details
When there's no will, New Jersey gives the surviving spouse and the heirs priority to serve as administrator.
Under N.J.S.A. 3B:10-2, if the heirs don't claim administration within 40 days after the death, the Surrogate's Court may grant administration to another fit person who applies.
In practice, families who want a say in who manages the estate should begin the conversation early.
Related estate facts
Other questions families ask.
What happens in New Jersey when someone dies without a will?
The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.
Read the answer → ProbateWhere is probate handled in New Jersey?
At the Surrogate's Court in the county where the person lived. Each of New Jersey's 21 counties has its own Surrogate.
Read the answer → WillsCan a copy of a will be probated in New Jersey?
No. New Jersey Surrogates probate only the original will. A photocopy or scan isn't accepted.
Read the answer →Talk to a real person
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