COVID-19 Update

Out of abundance of caution and for the protection of the Essex County community and employees, our office is closed to the public until further notice. If you have any questions please call us at 973-621-4901.

All searches must be done via mail by utilizing the NJ Judiciary Record Request Form. The cost per search is $10.00. Please include a check or money order payable to the Surrogate of Essex County.

Intestacy Provisions

Person Living

Who Receives

Person Who Died

Spouse and parent(s) but no children

Spouse: the first 25% (but not less than $50,000.00 nor more than $200,000.00) plus 75% of the balance.

Parents: the balance.

Spouse and children, all of whom are also children of the surviving spouse

Spouse: 100% of the estate

Children: nothing

Spouse and children, some of whom are not children of the surviving spouse.

Spouse: the first 25% (but not less than $50,000.00 nor more than $200.000.00) plus one 50% of the balance.

Children of the Decedent: the balance.

Spouse and children, all of whom are also children of surviving spouse but surviving spouse also has children by someone other than the decedent.

Spouse: the first 25% (but not less than $50,000.00 nor more than $200,000.00) plus 50% of the balance.

Children of the Decedent: the balance.

Spouse and step-children (children of surviving spouse are not the Decedent's Children).

Spouse: 100% of the estate

Step-children but no descendants, parents, descendants of parents or descendants of grandparents

Step-children: 100% of the estate