A Guide for South Jersey Families
Losing a loved one is hard enough, but when there’s no will, it can feel even more overwhelming. Without a legal plan in place, families are often left asking: Who’s in charge? Who gets what? Will everything have to go through probate court?
In New Jersey, when someone passes away without a will, the state steps in to decide how their property is distributed. While this process, known as intestate succession, follows a fixed legal order, it doesn't always reflect what the person might have wanted. That’s often where confusion and family disagreements begin.
At Cohler Law, we work with families throughout South Jersey to navigate this process with clarity and compassion. Whether you’re sorting through a loved one’s affairs or trying to avoid these challenges for your own family in the future, understanding what happens without a will is an important first step.
What Does It Mean to Die Intestate in New Jersey?
When someone passes away without a valid will, they are considered to have died intestate. In these cases, New Jersey law dictates how their property is distributed and who’s responsible for settling the estate.
The rules for intestate succession are outlined in the New Jersey Revised Statutes (N.J.S.A. § 3B:5‑3 through § 3B:5‑14). While these laws provide a clear legal framework, they often overlook the realities of modern families. For instance, unmarried partners, stepchildren who weren’t legally adopted, or close friends may be left out entirely.
For many families, the process feels cold and impersonal. A person whom the deceased trusted deeply may receive nothing, while someone with a distant or strained relationship may be legally entitled to inherit instead. This is why so many issues arise when a will is not in place.
Who Inherits When There’s No Will?
In New Jersey, if there’s no will, inheritance is determined by state law based on the closest surviving legal relatives.
Here’s the general order of inheritance:
- If the person was married with no children or surviving parents: The surviving spouse inherits the entire estate.
- If the person was married and only had children from that marriage: The surviving spouse inherits the entire estate.
- If the person had children from a previous relationship: The estate is divided between the surviving spouse and those children.
- If the person was unmarried but had children: The children inherit the estate in equal shares.
- If there is no surviving spouse or children: The estate passes to the person’s parents.
- If there are no surviving parents: The estate goes to siblings, then more distant relatives, in order of legal priority.
It’s important to understand that people who are not legally recognized, such as unmarried partners, stepchildren who were not legally adopted, or close family friends, do not inherit unless they are named in a valid will. Many families assume certain wishes will be honored, but without a will, the law doesn’t make exceptions based on intent or closeness.
Who Is Responsible for Handling the Estate?
Without a will naming an executor, the Surrogate’s Court appoints someone to manage the estate, called an estate administrator. This role is usually filled by a surviving spouse or adult child, though another relative or trusted individual can also be appointed if necessary.
The administrator’s role includes:
- Locating and securing the person’s assets.
- Paying off any debts, taxes, or final expenses.
- Distributing the remaining property according to New Jersey’s intestacy laws.
This process begins with an application to the Surrogate’s Court in the county where the person lived. For example, if they resided in Marlton, the filing would typically be made in the Burlington County Surrogate’s Court. Families in neighboring areas like Cherry Hill or Voorhees would typically begin the process in Camden County.
Note: If the total estate value is under $20,000 and the heirs agree in writing, administration may not be necessary under N.J.S.A. § 3B:10‑4. This simplified process can save time and avoid court involvement in certain small estates.
Although this may sound straightforward, it can quickly become complex. If family members disagree, or if records and account information are missing, even the most basic steps may be delayed. Managing an estate comes with legal and logistical challenges that often require support, especially when emotions are still raw.
Common Problems Families Face Without a Will
The absence of a will often leads to confusion, unexpected outcomes, and legal headaches that affect more than just paperwork. Without clear instructions in place, families are often left to guess what their loved one might have wanted. That uncertainty can lead to delays, conflict, and added expense.
Here are some of the most common problems we see:
Delays in Accessing Bank Accounts and Property
Assets may remain inaccessible until the court appoints an administrator. This can create real hardship for loved ones who need access to funds to cover funeral costs, mortgage payments, or other urgent needs.
Unfair or Uneven Distributions
A person the deceased deeply trusted may be left out, while someone they hadn’t spoken to in years could inherit a significant share. Intestacy laws do not account for personal relationships, only legal ones.
Disputes and Lingering Misunderstandings Among Loved Ones
Tensions can rise quickly when there’s no will to guide decisions. Disputes over what someone may have wanted often cause rifts that last far longer than the probate process itself.
Higher Legal Costs and Longer Timelines
Handling an estate without a will often means more paperwork, more court involvement, and more time. What could have been a relatively straightforward process can become costly and drawn out, even in cases that might have seemed simple.
How an Estate Planning Attorney Can Help
Whether you’re handling a loved one’s estate or planning ahead to ease that burden for your family down the road, having a knowledgeable legal guide by your side makes all the difference.
At Cohler Law, we help clients in Marlton, Cherry Hill, Mount Laurel, Medford, Voorhees, and surrounding communities with both estate administration and proactive estate planning. If someone close to you has passed without a will, we can help you navigate the probate process, meet court requirements, and manage the responsibilities of administering the estate.
If you're looking ahead, we can help you create a plan that reflects your values, protects the people you care about, and helps prevent future disputes. We focus on clear guidance and steady support, helping you move forward with confidence.
We take the time to understand your wishes, explain your legal options, and give you the tools to protect what matters most.
Let’s Talk About What Comes Next
The process can feel overwhelming, especially without a will. But you don’t have to navigate it alone. Whether you’re settling a loved one’s affairs or thinking ahead about how to spare your family from added stress, we’re here to help you find the right path forward.
At Cohler Law, we offer thoughtful, grounded guidance to families across South Jersey. We’ll take the time to understand your situation, answer your questions, and help you make choices that feel right for you.
Contact us to schedule a consultation with an estate planning and administration attorney who’s ready to support you – wherever you are in the process.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every estate situation is unique, and you should consult with a qualified New Jersey attorney to discuss your specific circumstances.