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Current as of January 01, 2024 | Updated by Findlaw Staff
The part of the intestate estate not passing to the surviving spouse under section 37 of this act, or the entire intestate estate if there is no surviving spouse, passes as follows:
a. To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
b. If there is no surviving issue, to his parent or parents equally;
c. If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
d. If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents;
(1) Half of the estate passes to the paternal grandparents equally if both survive, or to the surviving paternal grandparent; or if both are deceased and the decedent is survived by maternal grandparents or grandparent, then to the issue of the paternal grandparents, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation;
(2) The other half passes to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; or if both are deceased and the decedent is survived by paternal grandparents or grandparent, then to the issues of the maternal grandparents, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, those more remote take by representation;
(3) If the decedent is survived by a grandparent or grandparents only on the paternal side or only on the maternal side and by no issue of the grandparents on the other side, the entire estate passes to the surviving grandparent or grandparents equally;
e. If there is no surviving issue, parent, issue of a parent or no surviving grandparent, but the decedent is survived by issue of grandparents, the issue take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation.
Cite this article: FindLaw.com - New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 2A-35 - last updated January 01, 2024 | https://codes.findlaw.com/nj/appendix-former-title-3a-administration-of-estates-decedents-and-others/nj-st-sect-3a-2a-35/
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