New Jersey estate facts · No will

What happens in New Jersey when someone dies without a will?

The short answer

The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.

The details

When there's no will, New Jersey's intestacy rules decide who inherits, and the Surrogate's Court appoints an administrator to settle the estate. Priority generally goes to the surviving spouse or civil union partner, then to the other heirs.

The other heirs often sign renunciations so that one person can serve. Administrators are commonly required to post a surety bond.

Once appointed, the administrator receives Letters of Administration and can act for the estate, including signing for the sale of a house.

For families settling an estate. Families without a will often worry the process will be harder. It's a different path, not necessarily a longer one, and the administrator signs the sale just as an executor would.

Reviewed November 2026General information, not legal or tax advice. Rules can change, and every estate is different. We can connect you with an experienced estate attorney we trust.

Read our full New Jersey probate guide →

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