New Jersey Statutes 3B:5-4. Intestate shares of heirs other than surviving spouse, partner in a civil union, domestic partner
Terms Used In New Jersey Statutes 3B:5-4
- Decedent: A deceased person.
- Domestic partner: means a domestic partner as defined in section 3 of P. See New Jersey Statutes 3B:1-1
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- Heirs: means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled under the statutes of intestate succession to the property of a decedent. See New Jersey Statutes 3B:1-1
- Intestate: Dying without leaving a will.
Any part of the intestate estate not passing to the decedent‘s surviving spouse, partner in a civil union, or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, partner in a civil union, or domestic partner, passes in the following order to the individuals designated below who survive the decedent:
a. To the decedent’s descendants by representation;
b. If there are no surviving descendants, to the decedent’s parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C. 3B:5-14.1);
c. If there are no surviving descendants or parent, to the descendants of the decedent’s parents or either of them by representation;
d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent’s paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent’s maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half;
e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation;
f. If there are no surviving descendants of grandparents, then the decedent’s step-children or their descendants by representation.
Amended 2004, c.132, s.47; 2005, c.331, s.3; 2009, c.43, s.3; 2023, c.238, s.2.