Dying without a will in New Jersey: intestate succession & what happens
With no will, New Jersey's intestate succession statute (N.J.S.A. § 3B:5-4) determines who inherits, and the Surrogate appoints an administrator. The small-estate affidavit still applies. Kindred handles the administration either way.
- With no will, New Jersey's intestate succession statute (N.J.S.A. § 3B:5-4) determines who inherits, and the Surrogate appoints an administrator. The small-estate affidavit still applies. Kindred handles the administration either way.
- New Jersey allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in New Jersey?
Not strictly — New Jersey does not require an attorney for an ordinary, uncontested estate, and the County Surrogate assists families. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in New Jersey?
No statutory percentage fee — attorneys typically bill $250-$450/hour or a flat fee. Surrogate's fees run about $150-$300+ depending on estate size. Estates under $50,000 can use a small-estate affidavit. These are illustrative figures.
How long does probate take in New Jersey?
Typically 8 to 14 months. Creditors have 6 months from publication of notice to file claims. Estates above $2 million may need additional time for state tax filings.
Last verified July 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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