NJ estate risk
Guardianship risk in New Jersey
How courts appoint guardians for minors when no plan is in place.
New Jersey courts can appoint guardians for minors, and parents may designate a testamentary guardian by will.
At a glance
Key takeaways
- County surrogate courts have the same powers as the Superior Court to appoint guardians for minors.
- Either parent may appoint a guardian by will for an unmarried minor under age 18.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Questions to consider
Questions to consider in New Jersey
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
New Jersey courts can appoint guardians for minors, and parents may designate a testamentary guardian by will.
- County surrogate courts have the same powers as the Superior Court to appoint guardians for minors.
- Either parent may appoint a guardian by will for an unmarried minor under age 18.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Sources
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-12-12/
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-12-13/
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in New Jersey.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for New Jersey
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for New Jersey
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.