S2083 Provides Inheritance and Funeral Rights to NJ DPs

November 15, 2004

Provides that surviving domestic partner would have the same intestacy rights as surviving spouse and would have authority to make funeral arrangements.

This bill as introduced amended the New Jersey Cemetery Act, 2003 to provide that a surviving domestic partner, as defined in the Domestic Partnership Act, shall have the same rights as a surviving spouse with respect to the decedent's funeral and the disposition of the decedent's remains if the decedent has not left a will.

The committee amendments include changes to various sections of Title 3B, the Probate Code, to provide that a surviving domestic partner would have the same rights concerning inheritance as a surviving spouse if the decedent has not left a will. The committee amendments include a definition generally of domestic partner for Title 3B and include domestic partner in the definition of heir. Various references to surviving spouse would be amended to include or domestic partner in such sections as those concerning intestate shares of heirs; elective share; the definition of augmented estate; granting of letters of administration; and entitlement to assets without administration.

Passed both Houses - Signed by Governor