If any part of a New Jersey decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse or domestic partner. A surviving spouse or domestic partner is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse or domestic partner is entitled to varies as follows:
If the decedent leaves no descendants (e.g., child or grandchild) or parents, the surviving spouse or domestic partner is entitled to the entire intestate estate.
The surviving spouse or domestic partner is also entitled to the entire intestate estate if all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent.
If the decedent is survived by a parent or parents, but not survived by any descendants, the surviving spouse or domestic partner is entitled to the first 25% of the estate, but not less than $50,000 nor more than $200,000, plus three-fourths of the remaining balance of the intestate estate.
The surviving spouse or domestic partner is entitled to the first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate
if all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or
if one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.
2. Heirs other than surviving spouse or domestic partner. Any part of the intestate estate not passing to the surviving spouse or domestic partner as indicated above, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows to decedent's:
Descendants, taking equally if they are all of the same degree of kinship to the decedent and, if of unequal degree, taking per stirpes.
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