The law of intestate succession in New Jersey states that:


-  If you die leaving a spouse, a registered domestic partner, or civil union partner and children who are also the children of the spouse or legal partner,

   the spouse/legal partner receives 100% of the estate and no bond is required to be posted.


-  If you die leaving a spouse, registered domestic partner, or civil union partner, and children of a prior marriage, the spouse/legal partner receives the first 25%

(but not less than $50,000 nor more than $200,000), plus ½ of the balance of the estate. The children of the decedent share the remaining balance of the estate.

- -  If a child predeceased the parent and that child produced grandchildren, the grandchildren share the balance that would have been their parent’s share.

If you die leaving a spouse, registered domestic partner, or civil union partner, and no children, but are survived by a parent(s), the spouse receives the first 25%

 (but not less than $50,000, nor more than $200,000) plus ¾ of the balance.  Surviving parent(s) receive all other assets of the estate.

- - If you die leaving a child or children but no spouse, registered domestic partner, or civil union partner, the children will take equally.

 - -  Grandchildren will take their deceased parent’s share

If you die leaving no spouse, registered domestic partner, or civil union partner, parent(s) will take all. If no parent survives, brothers and sisters of decedent will take equally. If a sibling predeceased the decedent, then the nieces and nephews will take their deceased parent’s share.


- If you die leaving a spouse, registered domestic partner, or civil union partner and children, and the surviving spouse or legal partner has children from a previous

   relationship, the spouse receives the first 25% (but no less than $50,000 and no more than $200,000). Children of the decedent share the remaining balance of the estate. 


The stepchildren do  not share in the estate.


If you die leaving a surviving spouse, registered domestic partner, or civil union partner, and only step-children, the surviving spouse or legal partner receives 100% of the estate.


 If you die without a surviving spouse, registered domestic partner, or civil union partner who had children from a previous relationship and you have no other descendants such as parents, siblings, grandparents or other direct descendants, the step-children share 100% of the estate.