Who will Get My House If I Die Without a Will?

Are you curious about what would happen to your home if you died without a will? In New Jersey, we follow intestate succession. If you do not have a valid up-to-date will you should consider establishing one to protect your assets and property in the future. If you have not planned out what will happen to your house, don’t hesitate to contact a devoted Monmouth County Estate Planning Attorney who can help you take the necessary steps to ensure your home will go to your intended beneficiaries.

Who Will Get My House If I Die Without A Will?

In New Jersey, who gets what when you die without a will ultimately depends on whether or not you have living relatives. If you have living children, parents, or other close relatives it can affect who receives your assets.

• If you die with children but no spouse: the children will inherit everything
• If you have a spouse but no children or parents: the spouse will inherit everything
• If you die with a spouse and descendants from you and that spouse, and the spouse has no other descendants: the spouse will inherit everything
• If you die with a spouse and descendants from you and that spouse, and the spouse has descendants from another relationship: spouse inherits the first 25% of your intestate property (but not less than $50,000 or more than $200,000), plus ½ of the balance- your descendants inherit everything else
• If you die with a spouse and descendants from you and someone other than that spouse: the spouse inherits the first 25% of your intestate property (but not less than $50,000 or more than $200,000), plus ½ of the balance- descendants inherit everything else
• If you die with a spouse and parents: your spouse inherits the first 25% of your intestate property (but not less than $50,000 or more than $200,000), plus 3/4 of the balance- parents will inherit remaining intestate property
• If you die with parents but no spouse or descendants: parents will inherit everything
• If you die with siblings but no spouse, descendants, or parents: your siblings will inherit everything

What is Intestate Succession?

If you die without an established will, you will have died intestate. Intestate succession essentially determines who out of your living relatives will inherit your assets and property. In New Jersey, there are laws that determine who your assets and property will be distributed to if you have died without a valid will. If you have no living relatives, your home will fall into escheat. This means your property will be transferred to the state. It is imperative for everyone to have a valid will that ensures your property will be left to whom you intended it to. If you would like to learn more about the importance of having an up-to-date will in place, please watch our video, “Why do I need a will?”