If you die without a will, you die "intestate." Each state has "intestacy" laws which determine who will receive the property of intestate decedents. In New Jersey, the general rules are as follows:

A. If spouse survives, no children:

1. If no parents, all to spouse.
2. If parents, the first $50,000.00 to spouse, then 50% to spouse and 50% to parents.

B. If spouse survives, also children:

1. If spouse is parent of all the children, then the first $50,000.00 to spouse, the balance 50% to spouse and 50% to children.
2. If spouse is not the parent of all the children, then 50% to spouse and 50% to children.

C. If children survive, no spouse: all to children, equally, with issue of deceased children to take by representation.

D. If neither spouse nor children survive:

1. To parents, if any.
2. If no parents, then to issue of parents (brothers, sisters, nieces, nephews, etc.) by representation.
3. If no issue of parent, then to grandparents or issue of grandparents.
4. If none of the above, to the State of New Jersey.

Please note that "non-probate" property is not controlled by these rules. Joint property will pass to the surviving joint owner. Life insurance and pension will go to the designated beneficiary.

Please note that property passing to minors or incompetents will fall under the jurisdiction and control of the Surrogate and the Superior Court; application must be made to obtain and spend the funds.