New Jersey Administration Of Estates--Decedents And Others Laws

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• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-1 Definitions A to H.
  3B:1-1. As used in this title, unless otherwise defined: "Administrator" includes general administrators of an intestate and unless restricted by the ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-2 Definitions I to Z.
  3B:1-2. "Incapacitated individual" means an individual who is impaired by reason of mental illness or mental deficiency to the extent that ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-3 Devolution of property upon death.
  3B:1-3. Upon the death of an individual, his real and personal property devolves to the persons to whom it is devised by his ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-4. Contractual arrangements relating to death
  A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after September 1, ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-5. Effect upon vested rights and remedies
  The repeal of any sections, acts or parts of acts by the enactment of this title shall not affect any right now vested in any ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-6. Law governing rights, duties and powers of fiduciaries
  The provisions of this title shall govern the rights, duties and powers of successors and fiduciaries relating to the administration of all estates except that ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-7. Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decedent
  Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a personal ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-8. Application of title to wills
  The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978. L.1981, c. 405, s. 3B: ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-8.1 Applicability of act.
  23. The provisions of P.L.2004, c. 132 and P.L.2005, c.160 (C.3B:1-8.1 et al.) shall apply to ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:1-9. Effect of fraud and evasion
  Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-1. Jurisdiction of Superior Court not affected
  The provisions of this title are not intended and shall not be so construed as in any way to affect, impair or limit the original ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-2. General authority of Superior Court as to probate matters
  The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts and estates, and full authority over the accounts of ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
  The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-4. Proceedings in Superior Court on order to show cause
  The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner. L.1981, c. 405, s. 3B: ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-5 Disputes or doubts in proceedings before the surrogate.
  3B:2-5. In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither the surrogate nor ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-6 Oath; affidavit; deposition or proof.
  3B:2-6. Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, the surrogate's court ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-7 Issuance of subpoenas by surrogate.
  3B:2-7. A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:2-8 Penalty for failure to obey subpoena.
  3B:2-8. Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-1 Individuals competent to make a will and appoint a testamentary guardian.
  3B:3-1. Any individual 18 or more years of age who is of sound mind may make a will and may appoint a testamentary ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-2 Execution; witnessed wills; writings intended as wills.
  3B:3-2. Execution; witnessed wills; writings intended as wills. a. Except as provided in subsection b. and in N.J.S.3B:3-3, ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-2.1 Creation, maintenance of will registry; fees.
  1. a. The Secretary of State shall create and maintain a will registry in which a testator or his attorney may register information regarding the ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-2.2 Regulations.
  2. The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C. ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-3 Writings intended as wills.
  3B:3-3. Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with N.J.S. ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-4 Making will self-proved at time of execution.
  3B:3-4. Any will executed on or after September 1, 1978 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-5 Making will self-proved subsequent to time of execution.
  3B:3-5. A will executed in compliance with N.J.S.3B:3-2 may at any time subsequent to its execution be made ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-6. Validating acknowledgment
  An acknowledgment to make a will self-proved taken on or after September 1, 1978, but before October 11, 1979, pursuant to R.S. 46: ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-7 Who may witness a will.
  3B:3-7. Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof. ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-8. Will not invalidated if signed by interested witness
  A will or any provision thereof is not invalid because the will is signed by an interested witness. L.1981, c. 405, s. 3B:3- ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-9. Laws determining valid execution of will
  A written will is validly executed if executed in compliance with N.J.S. 3B:3-2 or N.J.S. 3B:3-3 or ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-10. Incorporation by reference
  Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-11 Identifying devise of tangible personal property by separate writing.
  3B:3-11. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-12 Acts and events of independent significance.
  3B:3-12. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-13 Revocation by writing or by act.
  3B:3-13. A will or any part thereof is revoked: a. By the execution of a subsequent will that revokes the previous will or ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-14 Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
  3B:3-14. Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse. a. Except as provided by ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-15 Revival of revoked will.
  3B:3-15. a. Except as otherwise provided in N.J.S.3B:3-14 or as provided in subsections b., c. and d. of ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-16. Methods of altering will
  No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-17 Probate of will and grant of letters.
  3B:3-17. The surrogates of the several counties or the Superior Court may take depositions to wills, admit the same to probate, and grant ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-18. Necessity to probate will to transfer property or nominate executor
  To be effective to prove the transfer of any property or to nominate an executor, a will must be admitted to probate. L.1981, c. ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-19 Proof required to probate will.
  3B:3-19. A will executed as provided in N.J.S.3B:3-2 may be admitted to probate by the surrogate upon the ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-20 Probate of a will of testator who died in military service or within 2 years of discharge.
  N.J.S.3B:3-20. When a resident of this State dies while a member of the armed forces of the United State or ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-21. Probate of will where witnesses are in service in time of war
  When the only living subscribing witness or witnesses, to the will of a resident of this State, is not or are not available in this ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-22. Time for probate of will; preliminary filing
  No will shall be admitted to probate until after 10 days from the death of the testator; but the complaint and other papers in any ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-23. Proof of execution required in contested probate action
  If an issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the attesting ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-24 Where a will of a resident is to be probated; effect of failure to probate.
  3B:3-24. The will of any individual resident within any county of this State at his death may be admitted to probate in the ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-25. Filing probate record with surrogate of any county
  When a will devising real estate has been duly admitted to probate by the Superior Court, any person interested therein may file with the surrogate ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-26 Probate of will of nonresident probated in another state or country.
  3B:3-26. When the will of any individual not resident in this State at his death shall have been admitted to probate in any ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-27. Recording of will of nonresident probated in another state or country
  A copy of any will or of the record of any will of a decedent not resident in this State at his death, admitted to ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-28 Probate of will of nonresident decedent where property situated in New Jersey.
  3B:3-28. Where the will of any individual not resident in this State at his death has not been admitted to probate in the ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-28.1 Probate of will of nonresident where laws of decedent's domicile are discriminatory.
  3B:3-28.1. Where the will of any individual who is not resident in this State at the time of his death has not ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-29. Order to compel production of purported will
  The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-30. Allowances by Superior Court to spouse or children pending contest over probate of will
  If a contest is pending over the probate of any paper purporting to be a will, the Superior Court may, on application by the widow ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-31 Judgment for probate; conclusive effect on title to real property after 7 years.
  ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-32 Requirement of survival by 120 hours; exceptions; survivorship with respect to future interests.
  3B:3-32. a. Except as provided in subsections b. and c., for purposes of construing a will, trust agreement, or other governing instrument, an ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-33 Choice of law as to meaning and effect of wills; testator's intention; rules of construction.
  3B:3-33. The meaning and legal effect of a disposition in a will, trust or other governing instrument shall be determined by the local ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-33.1 Testator's intention; settlor's intention; rules of construction applicable to wills, trusts and other governing instruments.
  28. a. The intention of a testator as expressed in his will controls the legal effect of his dispositions, and the rules of construction expressed ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-34 Will construed to pass all property of testator including after-acquired property.
  3B:3-34. Unless a will expressly provides otherwise, it is construed to pass all property the testator owns at death including property acquired after ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-35 Anti-lapse; deceased devisee; class gifts.
  3B:3-35 Anti-lapse; deceased devisee; class gifts. If a devisee who is a grandparent, stepchild or a lineal descendant of a grandparent of ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-36 Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator.
  3B:3-36. Except as provided in N.J.S.3B:3-35: a. a devise, other than a residuary devise, that fails for any ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-37. Residuary devise to two or more residuary devisees; death of one or more before testator
  When a residuary devise shall be made to two or more persons by the will of any testator, unless a contrary intention shall appear by ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-38 Construction of words "die without issue" or "die without descendants".
  3B:3-38. In a devise of real or personal property the words "die without issue" or "die without descendants" or & ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-39. Construction when "heirs and assigns" omitted from devise; fee passed
  When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-40. Words importing estate in fee not to prevent further devise
  In any devise of real or personal property set forth in a will, the giving to one person of an indeterminate or other interest in ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-41 Issue and descendants to take by representation.
  3B:3-41. Issue and descendants to take by representation. Where under any governing instrument provision is made for the benefit of issue and descendants ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-42 Increase in securities, accessions.
  3B:3-42. a. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-43 Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent.
  3B:3-43. If specifically devised property is sold or mortgaged by a guardian for a testator, or by an agent acting within the authority ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-44 Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure.
  3B:3-44. A specific devisee has the right to the remaining specifically devised property in the testator's estate at death and: a. Any ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-45. Exercise of power of appointment
  A general residuary clause in a will or a will making general disposition of all of the testator's property, does not exercise a power ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-46 Ademption by satisfaction.
  3B:3-46. a. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-47. Penalty clause for contesting will
  A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-48 Construction of generic terms included in class gift terminology.
  3B:3-48. a. Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:3-49. Effect of final order of court of another state admitting will to probate or determining validity or construction
  A final order of a court of another state admitting a will to probate or determining the validity or construction of a will made in ...
• New Jersey Administration Of Estates--Decedents And Others Laws Section 3B:4-1. Short title
  This chapter shall be known and may be cited as the "New Jersey Testamentary Additions to Trusts Law." L.1981, c. 405, s. ...

Last modified: October 21, 2006