In 1978, New Jersey partially shifted away from a per stirpes approach to the distribution of intestate estates. With the changes to Title 3B effective Feb. 27, 2005, the system of per stirpes distribution was completely eliminated for intestate estates.
The 2005 changes also completely abolished per stirpes for distributions under the anti-lapse statute, N.J.S. 3B:3-35, and eliminated the presumption of per stirpes for the interpretation of a gift to “descendants” or “issue” under a will, a trust agreement or a beneficiary designation form. N.J.S. 3B:3-41.
