New Jersey Statutes Title 3B. Administration of Estates Decedents and Others 3B § 5-3

The intestate share of the surviving spouse or domestic partner is:

a. The entire intestate estate if:

(1) No descendant or parent of the decedent survives the decedent;  or

(2) 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;

b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

c. 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:

(1) 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

(2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.


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