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State Guide

New Jersey

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.

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Guide Status

Last reviewed June 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. Find one here →

Death Certificates

At a Glance

5
days to file
after death
25
years
confidential
$25
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 5 days · Restricted for 25 years · Then public

The 5-day rule.

In New Jersey, a death certificate must be filed within 5 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (N.J.S.A. 26:8-28)

Order at least 10 certified copies. Banks, insurance companies, and government agencies all require originals.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • NJ Department of Health Vital Statistics: nj.gov/health/vital
  • Cost: $25 per certified copy
  • Expedited service available through VitalChek

How do I get a death certificate in New Jersey?

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in New Jersey?

$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.

Related questions

Probate & Wills

At a Glance

$50k
small estate
threshold
simplified
process available
9-18 months
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

New Jersey requires probate for estates with solely-owned assets exceeding $50,000. Estates below this threshold may qualify for a simplified small estate affidavit. (N.J.S.A. 3B:10-3)

New Jersey probate typically takes 9-18 months. The Surrogate's Court in the county where the deceased lived oversees the process.

If you die without a will.

New Jersey intestate succession (N.J.S.A. 3B:5-3) determines who inherits:

  • Surviving spouse only (no descendants or parents): gets everything
  • Spouse + descendants all from that spouse: spouse gets first $50K plus half the remainder; descendants split the rest
  • Spouse + descendants from a prior relationship: spouse gets half; descendants split the other half
  • No spouse, descendants survive: descendants inherit equally
  • No spouse or descendants: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in New Jersey?

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.

What is the small-estate limit in New Jersey?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in New Jersey?

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.

Does New Jersey allow transfer-on-death deeds?

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 has not passed.

Source: legislative record

Related questions

Dying Without a Will

Die without a will in New Jersey and this law picks your heirs.

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 does not 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 gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): the entire estate, civil union and registered domestic partners inherit the same way.
  • Spouse + parents (no descendants): the first 25% of the estate (minimum $50,000, maximum $200,000) plus three-fourths of the balance; parents take the rest.
  • Spouse + joint descendants: the entire estate, as long as the spouse has no children from another relationship.
  • Spouse + blended family: the first 25% of the estate (minimum $50,000, maximum $200,000) plus one-half of the balance.
  • Source: N.J. Stat. Ann. §§ 3B:5-3, 3B:5-4

Children's shares.

The descendants take the entire estate by representation.

No spouse, no children: the line of succession.

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.

Related questions

Advance Directives & Healthcare Wishes

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

New Jersey Advance Directive.

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.

Healthcare Representative.

The New Jersey advance directive can designate a healthcare representative to make medical decisions when you cannot. The representative must be at least 18 years old and cannot be your healthcare provider.

POLST (Physician Orders for Life-Sustaining Treatment).

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.

Where do I get New Jersey's advance directive form?

The controlling law is N.J.S.A. 26:2H-53 et seq. (New Jersey Advance Directive for Health Care Act), linked as this section's source. Most people use the free statutory form: New Jersey's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does New Jersey require a notary or witnesses for an advance directive?

New Jersey requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

Cremation & Burial

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

New Jersey requires a cremation permit from the local registrar before cremation. Crematories must be licensed by the NJ State Board of Mortuary Science.

Right of disposition.

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.

Green burial is permitted in New Jersey. Natural burial is allowed at cemeteries that permit it.

Related questions

Estate & Inheritance Taxes

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
YES
Heirs may owe tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No New Jersey estate tax.

New Jersey repealed its state estate tax effective January 1, 2018. New Jersey residents are not subject to a state-level estate tax.

New Jersey inheritance 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:

  • Class A (spouse, civil union partner, domestic partner, parents, grandparents, children, grandchildren, stepchildren): 0% (exempt)
  • Class C (siblings, spouses of children): 11% on amounts over $25K, up to 16%
  • Class D (all others): 15% on amounts up to $700K, 16% above $700K
  • Class E (charitable organizations, NJ government): 0% (exempt)

The inheritance tax is paid by the estate.

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 only 6 states with an inheritance tax. If you have assets passing to siblings or non-family members, the 11-16% rate can be significant.

Does New Jersey have an estate tax?

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.

Does New Jersey have an inheritance tax?

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.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Online: njsharingnetwork.org
At the NJ MVC when renewing your license
Donor card: available from NJ Sharing Network
Family Override
Binding
Your decision is legally binding
State registry: NJ Sharing Network

The New Jersey Donor Registry.

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.

Your family cannot override your registration.

Under the NJ Uniform Anatomical Gift Act (N.J.S.A. 26:6-80), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at njsharingnetwork.org, at any NJ Motor Vehicle Commission agency, or by completing a donor card.

  • Online: njsharingnetwork.org
  • At the NJ MVC when renewing your license
  • Donor card: available from NJ Sharing Network

Related questions

Need Help in New Jersey?

Some of this requires a New Jersey attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have 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

Read when you're ready.

Sources: New Jersey Statutes Annotated (njleg.state.nj.us), NJ Department of Health (nj.gov/health), NJ Sharing Network, New Jersey State Bar Association. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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