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What happens if you don’t have a will?

On Behalf of | Apr 18, 2025 | Estate Planning

Without a will, New Jersey’s laws decide how your assets will be distributed. Many people assume their property will automatically go where they want, but without a will, the state handles it. Understanding what happens when you die without a will can help you take action now to prevent surprises.

Intestate succession

When you die without a will, New Jersey follows intestate succession laws to distribute your property. The state’s laws determine who inherits based on your family situation. If you’re married, your spouse may receive a portion of your property, while the rest may go to your children. If you’re unmarried with no children, the state might give your estate to your closest relatives, like your parents or siblings.

Potential complications with intestate succession

Without a will, conflicts can arise among your family members. New Jersey’s laws may divide your estate in ways you would not have wanted. For example, if you were in a long-term relationship but never married, your partner would not automatically inherit anything. In a blended family, the state laws may create disputes, as stepchildren and other family members may not receive what you intended.

How to avoid issues with intestacy

The best way to prevent complications is to create a will. A will allows you to decide who gets your property and ensures your wishes are followed. You can also name guardians for minor children and make arrangements for pets. Estate planning eliminates confusion and ensures that your family and loved ones receive what you intended.

Without a will, New Jersey’s intestacy laws determine how your estate is divided. To make sure your wishes are honored, take action now and create a comprehensive estate plan.

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