New Jersey Statutes 3B:5-2. Intestate estate
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Terms Used In New Jersey Statutes 3B:5-2
- Decedent: A deceased person.
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- Heirs: means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled under the statutes of intestate succession to the property of a decedent. See New Jersey Statutes 3B:1-1
- Intestate: Dying without leaving a will.
3B:5-2. a. Any part of the decedent‘s estate not effectively disposed of by his will passes by intestate succession to the decedent’s heirs as prescribed in N.J.S. 3B:5-3 through N.J.S.3B:5-14, except as modified by the decedent’s will.
b. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.
L.1981, c.405, s.3B:5-2, eff. May 1, 1982; amended 2004, c.132, s.45.