Death is an inevitable part of life that we all must face at some point. While it may be a difficult and uncomfortable topic to discuss, it's important to plan for the future and ensure that your assets are distributed according to your wishes. One way to do this is by creating a will. However, many people put off making a will, either because they think they're too young or healthy to worry about it or because they simply don't want to think about their own mortality. But what happens if you don't get around to making a will in New Jersey? Let's take a closer look.



If you die without a will in New Jersey (also known as dying intestate), your assets will be distributed according to the state's laws of intestacy. This means that the court will appoint an administrator who will distribute your assets among your surviving heirs based on their relationship to you. For example, if you are married with children, your spouse and children would likely inherit everything equally. If you are unmarried with no children but have living parents, your parents would inherit everything.

However, there are some exceptions and complications that can arise when distributing assets through intestacy laws. For example, if you have step-children or foster children whom you haven't legally adopted, they may not be considered legal heirs and therefore wouldn't receive any inheritance under the law. Additionally, if you have debts or outstanding taxes at the time of your death, those debts must be paid before any assets can be distributed.

Another issue that arises when dying intestate is probate. Probate is the legal process by which a deceased person's estate is settled and their assets are distributed according to their wishes (if outlined in a will) or according to state law (if there is no will). When someone dies intestate, the probate court will appoint an administrator to oversee the distribution of assets. This process can be time-consuming, costly, and stressful for your loved ones who are left behind.

An experienced estate planning attorney can help you create a comprehensive estate plan that includes a will, trusts, and other documents that ensure your assets are distributed according to your wishes. They can also help minimize taxes and avoid probate altogether. Hiring an attorney may seem like an unnecessary expense, but it's important to remember that the cost of not having a proper estate plan in place can far outweigh the cost of hiring an attorney.

While no one likes to think about their own mortality, creating a will is an essential part of planning for the future. By taking the time to make a will and other estate planning documents with the assistance of an experienced attorney, you can ensure that your assets are distributed according to your wishes and avoid any unnecessary complications or costs for your loved ones after you're gone. Don't wait until it's too late – start planning today!