New Jersey estate facts · No will
What happens in New Jersey when someone dies without a will?
The short answer
The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.
The details
When there's no will, New Jersey's intestacy rules decide who inherits, and the Surrogate's Court appoints an administrator to settle the estate. Priority generally goes to the surviving spouse or civil union partner, then to the other heirs.
The other heirs often sign renunciations so that one person can serve. Administrators are commonly required to post a surety bond.
Once appointed, the administrator receives Letters of Administration and can act for the estate, including signing for the sale of a house.
Related estate facts
Other questions families ask.
What if no heir applies to administer an estate in New Jersey?
If the heirs don't claim administration within 40 days of the death, the court may appoint another suitable person.
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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