Rutgers Law

New Jersey Statutes, Title: 3B, ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

    Chapter 5: Requirement that heir survive decedent by 120 hours.

      Section: 3B:5-4: Intestate shares of heirs other than surviving spouse, partner in a civil union, domestic partner.

          3B:5-4. Intestate shares of heirs other than surviving spouse, partner in a civil union, or domestic partner.

Any part of the intestate estate not passing to the decedent's surviving spouse, partner in a civil union, or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, partner in a civil union, 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, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1);

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;

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.

Amended 2004, c.132, s.47; 2005, c.331, s.3; 2009, c.43, s.3; 2023, c.238, s.2.

This section added to the Rutgers Database: 2024-04-11 15:10:16.

Older versions of 3b:5-4 (if available):

Court decisions that cite this statute: CLICK HERE.