What Happens to a House When Someone Dies Without a Will in New Jersey?

When someone dies without a will in New Jersey, the house passes to their heirs under the state's intestacy law, and the county Surrogate appoints an administrator who has authority to manage the estate, including selling the house. The administrator is usually a close relative, such as the surviving spouse or an adult child, and may need to post a bond before receiving Letters of Administration.

I'm Dennis Mark Interdonato with The Dennis Mark Group. I sell estate homes across Monmouth and Ocean County. A missing will sounds like a crisis, but New Jersey has a clear process for it. Here's how it works for the house.

Does the house still go through probate without a will?

Yes, if the house was in the person's name alone. The Monmouth County Surrogate explains that a person who dies without a will dies "intestate," and that an estate can also be intestate when the will presented is found invalid. Someone still has to do the estate's work, so the Surrogate appoints an administrator, who fills the same role an executor would.

If the house was owned with a spouse as tenants by the entirety, or with someone else as joint tenants with right of survivorship, it passes to the survivor instead, according to the Ocean County Surrogate's planning guide. Check the deed first.

Who gets appointed administrator?

The Monmouth County Surrogate says it's the duty of the closest relative to apply to the Surrogate of the county where the person lived. Its guide lists the priority under state law: the spouse, then adult children, then a guardian of minor children if there's no spouse or adult child, then parents, brothers and sisters, grandparents, aunts and uncles, cousins and stepchildren.

Relatives with an equal right to serve file renunciations. If there are four adult children, three typically renounce so one can serve, or they can serve together as co-administrators, according to the Ocean County guide. Renouncing the job doesn't give up the inheritance. The Monmouth guide says a person who renounces the right to serve doesn't lose their right to inherit.

What does the administrator bring to the Surrogate?

For Monmouth County, the Surrogate lists:

• An original death certificate with a raised seal
• Names and addresses of the first bloodline next of kin
• A list of the value of all assets in the person's name alone, with a current tax bill for any real estate
• Government-issued photo ID

The Monmouth office takes filings through its eFile portal, in person or by mail. The Ocean County Surrogate in Toms River needs no appointment to start, and it can't issue administration certificates until the 6th day after death.

Does the administrator need a bond?

Usually. The Monmouth Surrogate's FAQs say a surety bond is typically required when an administrator is appointed. It protects the heirs if the administrator mismanages the estate, and its amount is generally based on the estate's value. The Ocean County guide says the bond represents the full value of the estate, and that a surviving spouse serving as administrator posts one when others are entitled to inherit. The Surrogate's office can give you a list of local bonding agencies.

Who inherits the house without a will?

New Jersey's intestacy statutes, N.J.S.A. 3B:5-3 and 3B:5-4, decide. The Ocean County guide summarizes them for property in the person's name alone:

• Spouse and children, all from that marriage: the spouse inherits the entire estate.
• Spouse and a child from a prior relationship: the spouse takes the first 25% of the estate, but not less than $50,000 nor more than $200,000, plus half of the balance. The children share the rest.
• Spouse, no descendants, surviving parents: the spouse takes the first 25%, within the same limits, plus three-fourths of the balance. The parents share the rest.
• Children and no spouse: the children inherit equally.
• No spouse or descendants: the parents, and if neither survives, the brothers and sisters equally.

Beyond that it reaches grandparents, aunts, uncles and cousins, then stepchildren, and the guide notes the property can go to the State if no one qualifies. The estate's attorney confirms the shares in your family's situation. They matter for the sale, because each heir's share of the proceeds follows them.

Can the administrator sell the house?

Generally, yes. New Jersey's fiduciary powers statute, N.J.S.A. 3B:14-23, gives every fiduciary the power to sell estate real property at public or private sale, unless the appointment or a court order limits it. Once the attorney confirms the administrator's authority, I handle the sale the same way I would for an executor: a market evaluation, the estate sale and clean-out, a builder's read on repairs, and written updates for every heir at every step.

One special case: if a minor inherits, ask the attorney early. The Ocean County guide notes that a guardian who wants to sell a minor's real property must first obtain court permission.

The inheritance tax waiver works the same as with a will. Form L-9 has a box for intestate estates, and it can be used when every beneficiary is Class A and no tax or return is due.

What are the common mistakes when there's no will?

• Assuming the spouse gets everything. Not if there are children from a prior relationship.
• Waiting months to apply. Until someone is appointed, nobody can sign for the house.
• Leaving relatives out of the renunciations. Missing paperwork stalls the appointment.
• Letting one heir move in "for now." Talk to the attorney first. It complicates the sale and the taxes.

Frequently Asked Questions

Who inherits a house in NJ if there is no will?

The heirs set by N.J.S.A. 3B:5-3 and 3B:5-4, starting with the surviving spouse and descendants. The exact shares depend on the family, so the estate's attorney confirms them.

Who can sell the house if there's no will?

The administrator appointed by the Surrogate, once they have Letters of Administration and the attorney confirms their authority.

How long does it take without a will?

In Ocean County, certificates can issue from the 6th day after death. Renunciations and a bond can add time. See how long probate takes in New Jersey.

Can a small estate skip administration?

Sometimes. The Ocean County guide describes affidavits for a surviving spouse when the property in the person's name alone doesn't exceed $50,000, and for an heir when it doesn't exceed $20,000. An estate with a house worth more than that needs formal administration.

This is general information, not legal, tax or lending advice. The estate's attorney confirms who inherits and who has authority to sell.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. See how I handle estate and probate home sales.

Keep reading

• The free Estate & Probate Guide
• Find out what the house is worth
• Do all heirs have to agree to sell?
• How to sell an inherited house in New Jersey
• Have a question this didn't answer? Send it to Dennis Mark.