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MORTL → State Guides → New Jersey
State Guide
What New Jersey law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.
Common questions
Someone just died in New Jersey? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed New Jersey attorney for your specific situation.
This is general information, not legal advice. New Jersey law changes. Your situation is specific. For anything that matters, talk to a licensed New Jersey attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In New Jersey, estates under $50,000 can skip full probate through a simplified process or affidavit. Cremation requires a 24-hour wait. New Jersey has an inheritance tax, paid by the person who inherits. Every figure below names its source and the date it was checked.
Reviewed August 2026 · New Jersey
Someone just died in New Jersey: the first 24 hours →Verified providers in New Jersey →
Last verified: August 7, 2026
Source: N.J.S.A. 26:6-6, 26:6-8 (death certificates); NJ Vital Statistics ↗At a Glance
Filed before the burial permit issues · Restricted for 25 years · Then public
New Jersey doesn't give the funeral director a number of days. The death certificate is filed with the local registrar in exchange for the burial, removal, or transit permit, so nothing can move, be buried, or be cremated until it's done (N.J.S.A. 26:6-6). The one hard clock is on the doctor: the attending, covering, or resident physician, or the county medical examiner, must execute the death certification within a reasonable time and no more than 24 hours after death is pronounced (N.J.S.A. 26:6-8).
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
The funeral director in charge of the funeral or disposition is responsible for getting the certificate properly executed and filed, on paper or through the NJ Electronic Death Registration System. The personal details come from whoever is best qualified to give them. The cause-of-death details come from the attending, covering, or resident physician; if there's no such physician, from an attending registered professional nurse; and if neither, from the county medical examiner.
Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.
Order certified copies from New Jersey's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$25 per certified copy in New Jersey, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
Last verified: August 9, 2026
Source: N.J.S.A. 3B:10-3, 3B:10-4 (small estates); 3B:5-3 (intestate share of spouse) ↗At a Glance
Small estate threshold vs. national average
New Jersey's small estate shortcut isn't one threshold, it's two, and which one you get depends on whether there's a surviving spouse. A surviving spouse, civil union partner, or domestic partner can take the whole estate by affidavit before the county Surrogate when the assets don't exceed $50,000 (N.J.S.A. 3B:10-3). With no surviving spouse, the cap drops to $20,000, and one heir can collect only after getting the written consent of all the other heirs (N.J.S.A. 3B:10-4). Both routes are for people who died without a will. If there's a will, it goes to the Surrogate for probate regardless of size.
New Jersey probate typically takes 9-18 months. The Surrogate's Court in the county where the deceased lived oversees the process.
New Jersey intestate succession (N.J.S.A. 3B:5-3) determines who inherits:
Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.
A straightforward New Jersey probate typically runs 9-18 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what New Jersey law adds.
No. New Jersey has no transfer-on-death deed statute. A living trust or joint ownership with survivorship (including tenancy by the entirety for spouses) does the same job here; a bill to adopt TOD deeds was introduced in 2026 but hasn't passed.
New Jersey doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No private employer is covered for bereavement. NJFLA itself covers employers with 15 or more employees worldwide and employees with 3 months of service and 250 hours in the past 12 months, but only for bonding and care reasons.
How much. None required
Paid or unpaid. Not applicable. No bereavement leave is mandated.
A lot of HR sites state flatly that New Jersey requires up to five consecutive workdays of bereavement leave, some tying it to the NJFLA. That's wrong, and it's worth contradicting directly on the page. The NJFLA covers bonding with a new child and caring for a family member with a serious health condition. Its two communicable-disease reasons are narrower still: both are available only during a declared state of emergency, so neither is a general-purpose leave right. Nothing in the Act is triggered by a death. The July 17, 2026 expansion lowered the NJFLA employer threshold to 15 employees worldwide and the tenure test to 3 months plus 250 hours, and still added no bereavement reason. New Jersey earned sick leave also can't be claimed as bereavement leave under the state's own list of permitted uses, though a worker can spend accrued sick leave, vacation or PTO if the employer's policy allows. No pregnancy loss leave provision.
Yes. New Jersey enforces pet trusts under N.J.S. 3B:31-24, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. New Jersey no longer caps a pet trust at 21 years, so a young parrot or horse is covered for its whole life. You can enforce the trust yourself while you're living, and so can whoever you name in it; if you name nobody, a court appoints someone. Anyone who cares about the animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise goes to your estate, where it passes with the rest of what you leave behind. Plenty of articles still cite New Jersey's 2001 pet trust law at 3B:11-38 and its 21 year cap. The Legislature repealed that law effective July 17, 2016 and put 3B:31-24 in its place, so check the date on anything you read about New Jersey pet trusts.
Last verified: July 17, 2026
Source: N.J. Stat. Ann. §§ 3B:5-3, 3B:5-4 ↗If you die intestate (without a valid will) in New Jersey, N.J. Stat. Ann. §§ 3B:5-3, 3B:5-4 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.
Civil union partners and registered domestic partners inherit exactly like spouses, and stepchildren inherit before the estate escheats. Since P.L.2023, c.238 (effective January 8, 2024), a spouse in an undismissed divorce or under a marital settlement agreement is excluded and takes nothing.
What your spouse inherits depends on who else survives you. The four common family shapes:
The descendants take the entire estate by representation.
After descendants come parents, then descendants of parents, then grandparents or their descendants split half paternal and half maternal, then the decedent's stepchildren or their descendants; with no taker the estate escheats to the State of New Jersey.
Last verified: August 7, 2026
Source: N.J.S.A. 26:2H-53 et seq. (New Jersey Advance Directive for Health Care Act); NJ Dept. of Health ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
New Jersey recognizes an Advance Directive for Health Care under N.J.S.A. 26:2H-53. This document can appoint a healthcare representative and/or specify your wishes for end-of-life care.
New Jersey provides a statutory form for advance directives. Download from the NJ Department of Health.
The New Jersey advance directive can designate a healthcare representative to make medical decisions when you can't. The representative must be at least 18 years old and can't be your healthcare provider.
New Jersey recognizes POLST as a medical order for seriously ill patients. A POLST is signed by a physician and travels with the patient across healthcare settings.
Start with N.J.S.A. 26:2H-53 et seq. (New Jersey Advance Directive for Health Care Act); NJ Dept. of Health, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
New Jersey requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: N.J.S.A. 45:7-34 et seq. (NJ Mortuary Science Act) ↗At a Glance
New Jersey requires a cremation permit from the local registrar before cremation. Crematories must be licensed by the NJ State Board of Mortuary Science.
New Jersey law (N.J.S.A. 45:27-22) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.
New Jersey allows you to designate a disposition agent in a signed document. This takes precedence over next-of-kin.
Green burial is permitted in New Jersey. Natural burial is allowed at cemeteries that permit it.
New Jersey sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. Two instruments. A will, under N.J.S.3B:1-2, may appoint someone to control the funeral and disposition, and that person need not be the executor. Since P.L.2019, c.187, a person may also make the appointment "in writing, and if a decedent so appoints a person it shall be in the presence of no less than two witnesses, on a form approved by the board," signed by the decedent and the witnesses and notarized. The most recently dated, properly executed will or Board form supersedes any earlier appointment. No officer, partner, member, shareholder, owner, representative, or employee of the funeral home, cemetery, or crematory providing the goods or services may be the appointee unless they are a relative.
When the same tier disagrees. "If more than one person is deemed to have equal right to control the funeral and disposition of the human remains, a majority of the persons with the equal right to control is required to authorize the funeral and disposition." Parents are a special case: both must authorize if both are living and both can be reached after a reasonable attempt, otherwise one parent's authorization is enough. The whole order operates "unless other directions have been given by a court of competent jurisdiction," and the statute sets no special proceeding of its own.
The top priority class has 72 hours after the death to exercise the right, and the right moves down a class if they fail to act, cannot be notified after a reasonable attempt, or are found medically incapable by a licensed physician. Control also skips a class where the decedent had a restraining order against them or they are charged with the intentional killing of the decedent, and divorce, annulment, or dissolution strips a former spouse or partner of the right.
Source: N.J.S.A. 45:27-22 (section 22 of P.L.2003, c.261), as amended by P.L.2019, c.187, § 1 ↗
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. Payment of funeral and burial expenses under the Work First New Jersey program, N.J.A.C. 10:90 Subchapter 8. This is a real, published, statewide dollar amount, which makes New Jersey unusual. The county welfare agency (the County Board of Social Services), or in some places a municipal agency. N.J.A.C. 10:90-8.1(b) says which one is chargeable, in this order: the agency that granted assistance for the month the person died; the agency that would have made the next grant; the agency that made the most recent grant; or the agency that took an application and found the person eligible but hadn't paid anything yet. For SSI recipients it's the county agency where the person last lived. Going into a hospital doesn't change that county. Going into a residential health care facility or long-term care facility does.
What it pays. From the rule amendment adopted at 56 N.J.R. 486, effective April 1, 2024. Adult, meaning anyone two years old or older: funeral allowance is the total amount charged or $3,056, whichever is less, plus a cemetery allowance of all cemetery charges or $714, whichever is less. Child one week through 23 months: $2,494 funeral and $583 cemetery. Stillborn birth up to six days old: $1,933 funeral and $452 cemetery. The maximum for one person is the funeral allowance plus the cemetery allowance. Family money doesn't automatically wipe this out: contributions from next of kin and interested parties are excluded up to $1,570 for an adult, $1,178 for a one-week to 23-month-old, and $785 for a stillborn to six days old, and only amounts above those lines count against what the agency pays. Any prepaid funeral contract reduces the allowance dollar for dollar. If the person was cremated, an urn is chargeable to the funeral allowance; crematory charges and burial of the urn are chargeable to the cemetery allowance.
What disqualifies you. N.J.A.C. 10:90-8.2(a) lists 18 categories, and it's much broader than "was on welfare." It covers a person in active receipt of assistance at death, including WFNJ/TANF, WFNJ/GA, SSI, and Medicaid Only. It also covers a person for whom eligibility for WFNJ/TANF, WFNJ/GA, SSI, or Medicaid Only can otherwise be determined as long as an application was made before death; a person whose eligibility was established within 15 calendar days before death even though no payment had gone out; anyone who received WFNJ/GA at any time within six months before death; Medicaid Only recipients living in the community or in Medicaid-approved facilities; Medically Needy recipients in nursing homes; SSI recipients in hospice programs; people in Adult Foster Care; CCPED recipients; AACAP recipients; recipients of New Jersey Care Special Medicaid for the Aged, Blind and Disabled; people found eligible for Assisted Living based on SSI or Medicaid Only; New Jersey WorkAbility participants with income up to 100 percent of the Federal Poverty Level; people who died while satisfying a WFNJ sanction; and stillborn infants and deceased newborns in the circumstances the rule spells out. Apply even if you aren't sure. N.J.A.C. 10:90-8.1(a) says this isn't automatic at death, it's a supplement to whatever resources the person, the family, and voluntary contributions can produce. If the person fits none of the categories, N.J.A.C. 10:90-8.1(c) says state aid can't be used and points to N.J.S.A. 40A:9-49.1 as the law that governs those burials instead.
2. If the death was caused by a crime. $7,500. N.J.A.C. 13:75-4.9, quoted in full: "In claims involving the death of a victim, the maximum reimbursement for funeral expenses shall be $7,500." There are no published sub-caps for a headstone, flowers, or burial clothing in that rule. The New Jersey Office of the Attorney General's own VCCO page lists "Funeral ($7,500 maximum)" and separately lists "Transportation to Funeral" as a covered category without publishing a dollar figure for it, so no amount for funeral travel is stated here. Compensation benefits may be awarded up to $25,000 per claim overall, with an additional amount up to $35,000 if the injury is catastrophic. Deadlines: file within five years of the injury or death, or later if VCCO finds good cause, and the crime has to be reported to police within nine months of when it happened or was believed to have happened, again subject to good cause. Family members, dependents, the victim's estate, and a person who paid for services for the victim can all file. VCCO is a payer of last resort, so other benefits and insurance come first.
New Jersey crime victim compensation ↗
3. Money the person was already owed. Search New Jersey's unclaimed property before you borrow anything. Searching and claiming are free.
New Jersey unclaimed property ↗
New Jersey publishes real numbers, and the deadline is short. Move on this in the first month. Call the County Board of Social Services (the county welfare agency) for the county that handled the person's case. If the person was on SSI, it's the county where they last lived, and a hospital stay doesn't change that. Say the person died, say they were getting SSI, Medicaid, WFNJ, or General Assistance, and ask to file a funeral and burial claim under N.J.A.C. 10:90-8. The deadline is 30 calendar days after the burial or cremation. That's in N.J.A.C. 10:90-8.4. The funeral director or the person paying files a petition on Form WFNJ-11. Late claims can be accepted for good cause, but don't build your plan around that. Tell the funeral home about this at the first meeting, because they file the forms (WFNJ-11M for the mortuary, WFNJ-11C for the cemetery). You still choose the funeral home. N.J.A.C. 10:90-8.3 says the right and the responsibility to arrange and contract for funeral and burial services rests with the next of kin. The county only steps in when there's no next of kin and no other interested party. What it pays, from the rule effective April 1, 2024: for an adult, the funeral allowance is the amount charged or $3,056, whichever is less, plus cemetery costs or $714, whichever is less. For a child one week through 23 months, it's $2,494 and $583. For a stillbirth up to six days, it's $1,933 and $452. You can still contribute. Up to $1,570 from next of kin and interested parties is excluded for an adult ($1,178 for a one-week to 23-month-old, $785 for a stillbirth to six days). Above that, every dollar you put in reduces what the agency pays. A prepaid funeral contract reduces it dollar for dollar with no exclusion. Don't screen yourself out. The eligibility list runs 18 categories and includes people who were only on Medicaid, people in hospice on SSI, people in assisted living, WorkAbility participants up to 100 percent of the poverty level, and anyone who got General Assistance at any point in the six months before death. It also covers someone who had an application in before they died. Ask the county. If the death was a crime, file separately with the Victims of Crime Compensation Office. Funeral expenses are reimbursed up to $7,500, inside a $25,000 cap per claim. You have five years to file, and the crime needs to have been reported to police within nine months. Applications are at njvictims.org and at all 21 county prosecutors' offices, where the Victim Witness Coordinator will help you fill it out.
Last verified: August 7, 2026
Source: N.J.S.A. 54:34-1 et seq. (New Jersey Inheritance Tax Act); NJ Division of Taxation Form O-10-C ↗At a Glance
New Jersey repealed its state estate tax effective January 1, 2018. New Jersey residents aren't subject to a state-level estate tax.
New Jersey still imposes an inheritance tax on the value of assets transferred to certain beneficiaries. The rate depends on the relationship to the deceased:
New Jersey inheritance tax is paid by the estate before assets are distributed to beneficiaries. The estate must file a return within 8 months of death.
New Jersey is one of five states that still charge an inheritance tax, alongside Kentucky, Maryland, Nebraska, and Pennsylvania. Iowa used to make six; its inheritance tax stopped applying to deaths on or after January 1, 2025. If assets are passing to siblings or non-family, the 11% to 16% rate can be significant.
No. New Jersey has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.
Yes. New Jersey is one of the few states with an inheritance tax, paid by the person who inherits rather than by the estate. Rates and exemptions depend on the heir's relationship to the person who died; the details are in the section above.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 8, 2026
Source: N.J.S.A. 26:6-80 et seq. (New Jersey Uniform Anatomical Gift Act) ↗At a Glance
New Jersey maintains a donor registry through the NJ Sharing Network. Registration through the NJ Motor Vehicle Commission when obtaining or renewing a driver's license is the most common method.
Under New Jersey's Revised Uniform Anatomical Gift Act, a registered donor's decision is legally binding. Nobody else can make, amend, or revoke the gift after your death (N.J.S.A. 26:6-84(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (N.J.S.A. 26:6-84(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided.
Register online at njsharingnetwork.org, at any NJ Motor Vehicle Commission agency, or by completing a donor card.
Need Help in New Jersey?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in New Jersey →From The MORTL Edit
Sources: New Jersey Statutes Annotated (njleg.state.nj.us), NJ Department of Health (nj.gov/health), NJ Sharing Network, New Jersey State Bar Association. Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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