2026 data Public-data reference. official source

New Jersey Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for New Jersey (NJ)

2.7/5 Friendliness 0 Has Inheritance Tax

State Estate Tax

No State Estate Tax

Only federal estate tax applies ($13,990,000 exemption per person in 2025)

Inheritance Tax

Spouse Exempt
Children Exempt
Siblings 11%
Others 15%

NJ eliminated estate tax in 2018. Inheritance tax remains: Class A (spouse, child, parent, grandchild): exempt. Class C (siblings, son/daughter-in-law): 11-16% above $25K. Class D (others): 15-16% above $500.

Probate Costs

Filing Fee $75–$500
Attorney Fee hourly
Timeline 9–18 months
Small Estate Threshold $50,000

Simplified administration for small estates under $50,000

Probate Code

Uniform Probate Code Adopted (1978)

New Jersey has adopted the Uniform Probate Code, which simplifies probate procedures and provides standardized rules for estate administration.

Property System

Community Property No (Common Law)

New Jersey follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

2.7 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for New Jersey.

Estate-tax exemption

None (federal only)

Only the federal $13.99M exemption applies in New Jersey.

Probate window

9-18 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — New Jersey 4.0%
National median

Attorney fees negotiated rather than statutory — actual percentage varies by engagement.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

New Jersey probate timeline

Phase share of typical filing-to-distribution window — 9–18 months

New Jersey probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — New Jersey

IRS Statistics of Income data showing estate tax returns filed by New Jersey residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 271 $7.6B $1.1B $86,669K
2022 230 $8.4B $1.0B $51,045K
2021 192 $5.5B $0.4B $20,168K

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the New Jersey Estate Data Reveals

New Jersey imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of New Jersey estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. Beneficiaries separately face a state inheritance tax; spouses are exempt, but distant relatives and unrelated heirs pay the highest rates under New Jersey law.

IRS Statistics of Income data show 271 federal estate tax returns filed by New Jersey residents in the most recent available year (filing year 2023), reporting $7.62 billion in combined gross estate value. Net federal estate tax paid totaled $1.06 billion that year. Across the multi-year IRS SOI series above, New Jersey averages roughly 231 taxable filings per year, with an effective federal rate on reported gross estates of about 11.5%.

Probate itself typically runs 9–18 months in New Jersey (roughly 14 months on average), with court filing fees of $75–$500. Attorney fees are negotiated rather than statutory, so engagement letters and hourly-vs-flat structures matter more to the total bill. New Jersey does offer a simplified small-estate track for estates under $50,000, which most families use to bypass full formal probate. Because New Jersey has adopted the Uniform Probate Code (since 1978), procedures are broadly standardized across counties. As a common-law (separate property) state, New Jersey treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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New Jersey Estate Tax FAQs

Does New Jersey have an estate tax?

No. New Jersey does not have a state estate tax. Only the federal estate tax applies (currently $13,990,000 exemption per person in 2025). This makes New Jersey more favorable for estate planning compared to the 13 states that do impose a state estate tax.

Does New Jersey have an inheritance tax?

Yes. New Jersey has a state inheritance tax. NJ eliminated estate tax in 2018. Inheritance tax remains: Class A (spouse, child, parent, grandchild): exempt. Class C (siblings, son/daughter-in-law): 11-16% above $25K. Class D (others): 15-16% above $500. Only six states impose an inheritance tax, which is paid by beneficiaries rather than the estate itself.

How long does probate take in New Jersey?

Probate in New Jersey typically takes 9 to 18 months. Estates under $50,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in New Jersey?

Court filing fees in New Jersey range from $75 to $500. Attorney fees are usually based on reasonable hourly rates or negotiated flat fees.

Can you avoid probate in New Jersey?

Yes. Common probate avoidance strategies in New Jersey include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. New Jersey also offers a simplified process for small estates under $50,000.

How will the 2026 federal estate tax sunset affect New Jersey residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. While New Jersey has no state estate tax, the lower federal exemption means more estates will owe federal estate tax. This makes 2025 a critical window for estate planning.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page