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Spousal Elective Share Law in New Jersey

In New Jersey, a surviving spouse, civil union partner or domestic partner can elect one-third of the augmented estate by filing a complaint within 6 months after a personal representative is appointed.

Last checked . General information, not legal advice.

New Jersey at a glance

Elective share
1/3 of the augmented estate
No right of election if a divorce or dissolution complaint was pending when the decedent died.
Deadline to elect
6 months after a personal representative is appointed
The court can extend the time for good cause if asked before it expires.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in New Jersey

How much can a surviving spouse claim in New Jersey if left out of the will?

Elective share in New Jersey: 1/3 of the augmented estate. No right of election if a divorce or dissolution complaint was pending when the decedent died.

What is the deadline to claim the elective share in New Jersey?

Deadline to elect in New Jersey: 6 months after a personal representative is appointed. The court can extend the time for good cause if asked before it expires.

Is New Jersey a community property state?

No. Community property state in New Jersey: no. Not on the IRS list of community property states.

Where do the New Jersey spousal elective share laws come from?

The rules above come from N.J. Stat. 3B:8-1 and N.J. Stat. 3B:8-12. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.