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Children in New Jersey Inheritance Law If you have no spouse and any of your children are alive, they are the only heirs to your estate. However, if your spouse is alive, that's a different story. If you die with a spouse and children, and your spouse has no other children, your spouse will inherit everything.

If you die without a will in New Jersey, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, whether your spouse is also their parent, and whether your spouse has children from another relationship.

The Affidavit of Next of Kin must be done in the County where the decedent resided at time of death. Bring an original or certified copy to the Surrogate at time of application. List all the assets in the decedent's name alone in order to determine the number of true copies of the affidavits that will be required.

Leaving behind spouse and children from a different relationship: The spouse will inherit 25% of the intestate property (Nothing less than $50,000 or more than $200,000). They will also get ½ of the balance. The children of the deceased person will inherit everything else.

If you die without a Will, or ?intestate,? your probate assets and estate are divided ing to New Jersey's intestate laws. The Surrogate will determine whether or not an Administrator needs to be appointed, depending on the size of the estate.

If you die with no surviving spouse, your children will inherit everything. If you have a surviving spouse, but no children or parents, your spouse inherits everything. If there is a surviving spouse and children from that spouse, the spouse inherits everything.