New Jersey Intestate Law For Wrongful Death

Economic Portion of the Presumed Award

Damages are distributed to those eligible to recover under intestate law, in proportion to their pecuniary loss. Pecuniary loss is defined by the New Jersey Wrongful Death statute and cases interpreting the statute.

See N.J. Stat. Ann. § 2A: 31-4

Priority Under Intestate Laws

1. Spouse and no parents or children-- everything to spouse.
2. Spouse and children - spouse takes the first $50,000 plus ½ of the balance of the estate if the children are also the spouse’s. If they are not, spouse only takes ½ of the estate. Remainder is divided equally among the children in the same generation.
3. Spouse and parents (no children) - spouse takes the first $50,000 plus ½ of the balance of the estate. Remainder is divided equally among parents.
4. No children but parents -- parents share equally.
5. No parents -- the parent’s children take all (i.e. brothers and sisters or their descendants). Shares are divided equally
among the children in the same generation.

See N.J. Stat. Ann. § 3B: 5-3

When there are Children of Different Generations (ie. grandchildren)

The estate is divided into as many shares as there are living members of the nearest generation of children to the victim,
including deceased children in the same generation who left behind children. Each surviving heir in the nearest
generation to the victim receives one share and the share of each deceased person in the same generation is divided
among his or her descendants in the same manner.

See N.J. Stat. Ann. § 3B: 5-3