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3B:5-3 Intestate share of decedent's
surviving spouse or domestic partner
The intestate share of the surviving spouse or domestic partner is: a.
The entire intestate estate if:
(1) No descendant or parent of the decedent survives the decedent; or
(2) All of the decedent's surviving descendants are also descendants of the
surviving spouse or domestic partner and there is no other descendant of the
surviving spouse or domestic partner who survives the decedent;
b. The first 25% of the intestate estate, but not less than $50,000.00 nor
more than $200,000.00, plus three-fourths of any balance of the intestate
estate, if no descendant of the decedent survives the decedent, but a parent
of the decedent survives the decedent;
c. The first 25% of the intestate estate, but not less than $50,000.00 nor
more than $200,000.00, plus one-half of the balance of the intestate estate:
(1) If all of the decedent's surviving descendants are also descendants of
the surviving spouse or domestic partner and the surviving spouse or
domestic partner has one or more surviving descendants who are not
descendants of the decedent; or
(2) If one or more of the decedent's surviving descendants is not a
descendant of the surviving spouse or domestic partner.
3B:5-4. Intestate shares of heirs other than surviving spouse or domestic
partner.
Any part of the intestate estate not passing to the decedent's surviving
spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate
estate if there is no surviving spouse or domestic partner, passes in the
following order to the individuals designated below who survive the
decedent:
a. To the decedent's descendants by representation;
b. If there are no surviving descendants, to the
decedent's parents equally if both survive, or to the surviving parent;
c. If there are no surviving descendants or parent, to the descendants of
the decedent's parents or either of them by representation;
d. If there is no surviving descendant, parent or descendant of a parent,
but the decedent is survived by one or more grandparents, half of the estate
passes to the decedent's paternal grandparents equally if both survive, or
to the surviving paternal grandparent, or to the descendants of the
decedent's paternal grandparents or either of them if both are deceased, the
descendants taking by representation; and the other half passes to the
decedent's maternal relatives in the same manner; but if there is no
surviving grandparent, or descendant of a grandparent on either the paternal
or the maternal side, the entire estate passes to the decedent's relatives
on the other side in the same manner as the half.
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e. If there is no surviving descendant, parent, descendant of a parent, or
grandparent, but the decedent is survived by one or more descendants of
grandparents, the descendants take equally if they are all of the same
degree of kinship to the decedent, but if of unequal degree those of more
remote degree take by representation.
f. If there are no surviving descendants of
grandparents, then the decedent's step-children or their descendants by
representation.
3B:5-6 Determining representation
a. As used in this section:
(1) "Deceased descendant," "deceased parent," or "deceased grandparent"
means a descendant, parent or grandparent who either predeceased the
decedent or is deemed to have predeceased the decedent under N.J.S.3B:5-1.
(2) "Surviving descendant" means a descendant who neither predeceased the
decedent nor is deemed to have predeceased the decedent under N.J.S.3B:5-1.
b. If, under N.J.S.3B:5-4, a decedent's intestate estate or part thereof
passes "by representation" to the decedent's descendants, the estate or part
thereof is divided into as many equal shares as there are: (1) surviving
descendants in the generation nearest to the decedent which contains one or
more surviving descendants; and (2) deceased descendants in the same
generation who left surviving descendants, if any. Each surviving descendant
in the nearest generation is allocated one share. The remaining shares, if
any, are combined and then divided in the same manner among the surviving
descendants of the deceased descendants as if the surviving descendants who
were allocated a share and their surviving descendants had predeceased the
decedent.
c. If, under section c. or d. of N.J.S.3B:5-4, a
decedent's intestate estate or a part thereof passes "by representation" to
the descendants of the decedent's deceased parents or either of them or to
the descendants of the decedent's deceased paternal or maternal grandparents
or either of them, the estate or part thereof is divided into as many equal
shares as there are: (1) surviving descendants in the generation nearest the
deceased parents or either of them, or the deceased grandparents or either
of them, that contains one or more surviving descendants; and (2) deceased
descendants in the same generation who left surviving descendants, if any.
Each surviving descendant in the nearest generation is allocated one share.
The remaining shares, if any, are combined and then divided in the same
manner among the surviving descendants of the deceased descendants as if the
surviving descendants who were allocated a share, and their surviving
descendants had predeceased the decedent.
3B:5-7. Relatives of the half blood
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
46:30B-37.1 Presumption of abandonment: unclaimed estate assets.
Except as otherwise provided in this section,
property held by a fiduciary as defined in N.J.S.3B:1-1 or an assignee under
N.J.S.2A:19-1 et seq. and remaining unclaimed for 90 days after the account
of that fiduciary or assignee is judicially allowed by the courts or settled
informally is presumed abandoned. Unclaimed property held by a fiduciary of
an intestate estate payable to the unknown heirs of an intestate decedent
shall be presumed abandoned 90 days after publication by the fiduciary of
the notice required in N.J.S.3B:5-5.
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