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New Jersey Statutes - Title 3B Administration Of Estates--Decedents And Others

Legal Research Home > New Jersey Lawyer > Administration of Estates Decedents and Others > New Jersey Statutes - Title 3B Administration Of Estates--Decedents And Others

• New Jersey Statutes 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 Statutes 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 he lacks ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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:1-8, eff. ...
• New Jersey Statutes 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 any decedent dying on or after ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 Statutes 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 county, ...
• New Jersey Statutes 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:2-4, eff. ...
• New Jersey Statutes 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 the ...
• New Jersey Statutes 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 or ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 Statutes 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, a will ...
• New Jersey Statutes 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 ...
• New Jersey Statutes 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.52:14B-1 et seq.) ...
• New Jersey Statutes 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.3B:3-2, ...
• New Jersey Statutes 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 the ...
• New Jersey Statutes 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 self-proved by the acknowledgment thereof ...
• New Jersey Statutes 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. 46:14-6, R.S. 46:14-7 ...
• New Jersey Statutes 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 Statutes 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:3-8, eff. May ...
• New Jersey Statutes 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 its execution was in compliance with the law ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 Statutes 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 ...
• New Jersey Statutes 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 ...
• New Jersey Statutes 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 this section, a revoked will ...
• New Jersey Statutes 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 Statutes 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 Statutes 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. 405, ...
• New Jersey Statutes 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 proof of one of the ...
• New Jersey Statutes 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 within 2 years ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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 been ...
• New Jersey Statutes 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 Statutes 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 Statutes 3B:3-31 Judgment for probate; conclusive effect on title to real property after 7 years.
  3B:3-31. Where judgment has been or shall be entered by any surrogate's court in this State or Superior Court of the State, admitting ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 ...
• New Jersey Statutes 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 Statutes 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 ...
• New Jersey Statutes 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 reason becomes ...
• New Jersey Statutes 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 Statutes 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 "die without lawful issue" ...
• New Jersey Statutes 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 expressions indicating ...
• New Jersey Statutes 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 Statutes 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 ...
• New Jersey Statutes 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 Statutes 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 Statutes 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. ...
• New Jersey Statutes 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 of ...
• New Jersey Statutes 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 Statutes 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 Statutes 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 Statutes 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 Statutes 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. 3B:4-1, eff. May ...
• New Jersey Statutes 3B:4-2 Devise to trustee of trust created other than by testator's will.
  3B:4-2. A will may validly devise property to the trustee of a trust established or a trust which will be established: (1) during ...
• New Jersey Statutes 3B:4-3 Devise not invalidated because trust is amendable or revocable.
  3B:4-3. A devise made as provided in N.J.S.3B:4-2 shall not be invalid because the trust is amendable or revocable, or because the trust ...
• New Jersey Statutes 3B:4-4 Administration of trust.
  3B:4-4. Unless the testator's will provides otherwise, property devised to a trust described in N.J.S.3B:4-2 shall not be deemed to be held under ...
• New Jersey Statutes 3B:4-5 Lapse of devise.
  3B:4-5. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. ...
• New Jersey Statutes 3B:5-1 Requirement that heir survive decedent by 120 hours.
  3B:5-1. For the purposes of intestate succession an individual who is not established by clear and convincing evidence to have survived the decedent ...
• New Jersey Statutes 3B:5-2 Intestate estate.
  3B:5-2. a. Any part of the decedent's estate not effectively disposed of by his will passes by intestate succession to the decedent's heirs ...
• New Jersey Statutes 3B:5-3 Intestate share of decedent's surviving spouse or domestic partner.
  3B:5-3. Intestate share of decedent's surviving spouse or domestic partner. The intestate share of the surviving spouse or domestic partner is: ...
• New Jersey Statutes 3B:5-4 Intestate shares of heirs other than surviving spouse or domestic partner.
  3B:5-4. Intestate shares of heirs other than surviving spouse or domestic partner. Any part of the intestate estate not passing to ...
• New Jersey Statutes 3B:5-5.1 Diligent inquiry by fiduciary to find heirs.
  1. If it appears to a fiduciary administering an intestate estate that there may be individuals whose names or addresses are unknown ...
• New Jersey Statutes 3B:5-6 Determining representation.
  3B:5-6. a. As used in this section: (1) "Deceased descendant," "deceased parent," or "deceased grandparent" means a descendant, parent or ...
• New Jersey Statutes 3B:5-7 Relatives of the half blood
  Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. L.1981, c. 405, s. 3B:5-7, eff. ...
• New Jersey Statutes 3B:5-8 After born heirs.
  3B:5-8. After born heirs. An individual in gestation at a particular time is treated as living at that time if the ...
• New Jersey Statutes 3B:5-9 Adopted child.
  3B:5-9. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through or ...
• New Jersey Statutes 3B:5-10 Establishment of Parent-Child Relationship.
  3B:5-10. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or ...
• New Jersey Statutes 3B:5-11 Debt to decedent.
  3B:5-11. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor ...
• New Jersey Statutes 3B:5-12 Aliens not disqualified; individuals related to decedent through two lines.
  3B:5-12. a. An individual is not disqualified to take as an heir because he or an individual through whom he claims is or ...
• New Jersey Statutes 3B:5-13 Advancements.
  3B:5-13. a. If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's ...
• New Jersey Statutes 3B:5-14 Tenancy in common; marriage and domestic partnership settlements.
  3B:5-14. Tenancy in common; marriage and domestic partnership settlements. Property descending and distributable under this article to two or more persons ...
• New Jersey Statutes 3B:5-15 Entitlement of spouse or domestic partner; premarital will.
  3B:5-15. Entitlement of spouse or domestic partner; premarital will. a. If a testator's surviving spouse married the testator after the ...
• New Jersey Statutes 3B:5-16 Omitted children.
  3B:5-16. a. Except as provided in subsection b., if a testator fails to provide in his will for any of his children born ...
• New Jersey Statutes 3B:6-1 Short title
  This chapter shall be known and may be cited as the "Uniform Simultaneous Death Law." L.1981, c. 405, s. 3B:6-1, eff. May 1, 1982. ...
• New Jersey Statutes 3B:6-2 Disposition of property of persons dying simultaneously
  Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died ...
• New Jersey Statutes 3B:6-3 Division of property, two or more beneficiaries
  Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient ...
• New Jersey Statutes 3B:6-4 Division of property, joint tenants or tenants by the entirety
  Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall ...
• New Jersey Statutes 3B:6-5 Distribution of proceeds of life or accident policies
  Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have ...
• New Jersey Statutes 3B:6-6 Chapter not to apply in certain cases
  This chapter shall not apply to a devolution of property of a decedent under a will or upon intestacy, where the law provides that in ...
• New Jersey Statutes 3B:6-7 Construction and interpretation
  This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. ...
• New Jersey Statutes 3B:7-1.1 Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations.
  58. Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations. a. An ...
• New Jersey Statutes 3B:7-1.2 Effect of revocation.
  59. Provisions of a governing instrument are given effect as if the killer or relative of the killer disclaimed all provisions revoked ...
• New Jersey Statutes 3B:7-5 Other acquisitions of property by decedent's killer.
  3B:7-5. Any other acquisition of property or interest by the decedent's killer or by a relative of the killer not covered by this ...
• New Jersey Statutes 3B:7-6 Effect of final judgment of conviction.
  3B:7-6. A final judgment of conviction establishing responsibility for the intentional killing of the decedent is conclusive for purposes of this chapter. In ...
• New Jersey Statutes 3B:7-7 Rights of purchasers; protection of payors and other third parties.
  3B:7-7. This chapter does not affect the rights of any person who, before rights under this chapter have been adjudicated, purchases from the ...
• New Jersey Statutes 3B:8-1 Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.
  3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions. If a married person ...
• New Jersey Statutes 3B:8-2 Elective share of surviving spouse or domestic partner of person dying not domiciled in this State.
  3B:8-2. Elective share of surviving spouse or domestic partner of person dying not domiciled in this State. If a married person ...
• New Jersey Statutes 3B:8-3 Meaning of "augmented estate."
  3B:8-3. Meaning of "augmented estate." The "augmented estate" means the estate reduced by funeral and administration expenses, and enforceable claims, to ...
• New Jersey Statutes 3B:8-4 Valuing property transferred
  Property transferred in the manner set forth in N.J.S. 3B:8-3 is valued as of the decedent's death except that property given irrevocably to a donee ...
• New Jersey Statutes 3B:8-5 Transfers excluded.
  3B:8-5. Transfers excluded. Any transfer of property shall be excluded from the augmented estate under N.J.S. 3B:8-3, if made with the ...
• New Jersey Statutes 3B:8-6 Other property to be included in augmented estate.
  3B:8-6. Other property to be included in augmented estate. There shall also be included in the augmented estate: a. ...
• New Jersey Statutes 3B:8-7 Property derived from decedent.
  3B:8-7. Property derived from decedent. For the purposes of N.J.S. 3B:8-6, property derived from the decedent includes, but is not limited ...
• New Jersey Statutes 3B:8-8 Valuation of property derived from decedent.
  3B:8-8. Valuation of property derived from decedent. For the purposes of valuing property derived from the decedent as provided in N.J.S. ...
• New Jersey Statutes 3B:8-9 Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death.
  3B:8-9. Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death. Property owned by the ...
• New Jersey Statutes 3B:8-10 Waiving right to an elective share.
  3B:8-10. Waiving right to an elective share. The right of election of a surviving spouse or domestic partner and the rights ...
• New Jersey Statutes 3B:8-11 Who may exercise the right to take an elective share.
  3B:8-11. Who may exercise the right to take an elective share. The right of election to take an elective share by ...
• New Jersey Statutes 3B:8-12 Filing complaint for elective share; extension of time.
  3B:8-12. Filing complaint for elective share; extension of time. The surviving spouse or domestic partner may elect to take his elective ...
• New Jersey Statutes 3B:8-13 Notice of hearing.
  3B:8-13. Notice of hearing. The surviving spouse or domestic partner shall give notice of the time and place set for hearing ...
• New Jersey Statutes 3B:8-14 Withdrawal of demand for an elective share.
  3B:8-14. Withdrawal of demand for an elective share. The surviving spouse or domestic partner may withdraw his demand for an elective ...
• New Jersey Statutes 3B:8-15 Fixing amount of elective share; payment of elective share
  The court shall determine the amount of the elective share and shall order its payment from the assets of the augmented estate or by contribution ...
• New Jersey Statutes 3B:8-16 Enforcing judgment
  The judgment of the court made pursuant to N.J.S. 3B:8-15 may be enforced as other judgments are enforced by law. L.1981, c. 405, s. 3B:8-16, ...
• New Jersey Statutes 3B:8-17 Value of surviving spouse's or domestic partner's interest in any life estate.
  3B:8-17. Value of surviving spouse's or domestic partner's interest in any life estate. In an action for an elective share, the electing spouse's ...
• New Jersey Statutes 3B:8-18 Satisfaction of elective share.
  3B:8-18. Satisfaction of elective share. The amount of the surviving spouse's or domestic partner's elective share shall be satisfied by applying: ...
• New Jersey Statutes 3B:8-19 Persons subject to contribution.
  3B:8-19. Persons subject to contribution. Only original transferees from, or appointees of, the decedent and their donees, to the extent the ...
• New Jersey Statutes 3B:9-1 Definitions.
  3B:9-1. As used in this chapter: a. A "present interest" is one to take effect in immediate possession, use or ...
• New Jersey Statutes 3B:9-2 Disclaimer of an interested party.
  3B:9-2. a. Any person who is an heir, or a devisee or beneficiary under a will or testamentary trust, or appointee under a ...
• New Jersey Statutes 3B:9-3 Requirements of a disclaimer.
  3B:9-3. a. A disclaimer shall be in writing, signed and acknowledged by the person disclaiming, and shall: (1) Describe the ...
• New Jersey Statutes 3B:9-4 Disclaimer by a fiduciary of an interest in property.
  3B:9-4. a. A fiduciary or agent acting on behalf of a principal within the express, general or implied authority of a power of ...
• New Jersey Statutes 3B:9-4.1 Disclaimer by a fiduciary of a power of discretion.
  67. a. Any fiduciary, including an agent acting on behalf of a principal within the implied or general authority of a power of ...
• New Jersey Statutes 3B:9-4.2 Time for disclaiming.
  68. Time for disclaiming. a. The disclaimer of an interest in property may be delivered, and if required by this chapter filed, ...
• New Jersey Statutes 3B:9-6 Delivering and filing disclaimer.
  3B:9-6. a. The disclaimer of an interest by an intestate heir, or a person who is a devisee or beneficiary under a will ...
• New Jersey Statutes 3B:9-7 Recording of disclaimer where real property or interest therein is disclaimed.
  3B:9-7. Each county clerk or register of deeds and mortgages shall provide a book to be entitled "Disclaimers," so arranged that he may ...
• New Jersey Statutes 3B:9-8 Effect of disclaimer.
  3B:9-8 Effect of disclaimer. A disclaimer acts as a nonacceptance of the disclaimed interest, rather than as a transfer of the disclaimed interest. ...
• New Jersey Statutes 3B:9-9 Bar of right to disclaim.
  3B:9-9. Bar of right to disclaim. a. The right of an individual to disclaim property or any interest therein is ...
• New Jersey Statutes 3B:9-10 Binding effect of disclaimer or waiver.
  3B:9-10. Binding effect of disclaimer or waiver. The disclaimer or written waiver of the right to disclaim a property interest shall ...
• New Jersey Statutes 3B:9-11 Spendthrift provision not to affect right to disclaim.
  3B:9-11. The right to disclaim a property interest exists notwithstanding any limitation on the interest of the disclaimant in the nature of a ...
• New Jersey Statutes 3B:9-12 Right to disclaim, etc.; under other law not abridged.
  3B:9-12. Right to disclaim, etc.; under other law not abridged. This chapter does not abridge the right of an individual to waive, release, ...
• New Jersey Statutes 3B:9-13 Extension of time to disclaim interest existing on February 28, 1980.
  3B:9-13. Extension of time to disclaim interest existing on February 28, 1980. a. An interest in property existing on February ...
• New Jersey Statutes 3B:9-14 Federal law.
  79. The provisions of this chapter, as amended and supplemented by P.L.2004, c.132 (C.3B:3-33.1 et al.) are not intended to enlarge, limit, ...
• New Jersey Statutes 3B:10-1 Grant of letters of administration
  The surrogate's court of the county in which a decedent resided at the time of his death, or the Superior Court, may grant letters of ...
• New Jersey Statutes 3B:10-2 To whom letters of administration granted.
  3B:10-2. To whom letters of administration granted. If any person dies intestate, administration of the intestate's estate shall be granted to ...
• New Jersey Statutes 3B:10-3 When spouse or domestic partner entitled to assets without administration.
  3B:10-3. When spouse or domestic partner entitled to assets without administration. Where the total value of the real and personal assets ...
• New Jersey Statutes 3B:10-4 When heirs entitled to assets without administration.
  3B:10-4. When heirs entitled to assets without administration. Where the total value of the real and personal assets of the estate ...
• New Jersey Statutes 3B:10-5 Discharge of corporations or persons making payments or delivering assets under N.J.S. 3B:10-3 or N.J.S. 3B:10-4
  Any bank, building and loan association, association, as defined in section 5 of the "Savings and Loan Act (1963)," P.L.1963, c. 144 (C. 17:12B-5), or ...
• New Jersey Statutes 3B:10-6 Acts of administrator before notice of will
  Lawful acts performed in good faith by an administrator before notice of a will and purchases or transfers made by him in good faith before ...
• New Jersey Statutes 3B:10-7 Ancillary administration on estate of nonresident intestate
  Where a nonresident dies intestate seized of real property or possessed of personal property in this State, or where the evidence of his personal property ...
• New Jersey Statutes 3B:10-8 Administration by creditor of nonresident decedent
  If a personal representative of a nonresident decedent fails to apply in this State for letters testamentary or of administration within 60 days next after ...
• New Jersey Statutes 3B:10-9 Record of appointment of personal representative; evidentiary effect
  If any person shall desire to have the appointment of a personal representative appointed in another state recorded in this State for the purpose of ...
• New Jersey Statutes 3B:10-10 Executor de son tort
  Whereas it is sometimes practiced to the defrauding of creditors, that persons who are entitled to the administration of the estate of an intestate will ...
• New Jersey Statutes 3B:10-11 Administration ad prosequendum on death by wrongful act
  The surrogate's court of the county wherein an intestate resided at his death, or, if the intestate resided outside the State, the surrogate's court of ...
• New Jersey Statutes 3B:10-12 Temporary administration
  The Superior Court may grant administration ad litem, temporary administration, administration pendente lite, or any form of limited administration. L.1981, c. 405, s. 3B:10-12, eff. ...
• New Jersey Statutes 3B:10-13 Duty to apply in this State for original letters of administration
  When an intestate is resident in any county of New Jersey at his death, it shall be the duty of the heir or any other ...
• New Jersey Statutes 3B:10-14 Appointment of debtor as executor; debt not discharged
  The appointment of a debtor as executor shall not, unless otherwise expressed in the will, be construed to discharge the executor from payment of the ...
• New Jersey Statutes 3B:10-15 Appointment of substituted administrators
  When a sole or sole surviving or remaining executor or administrator, with or without the will annexed, dies or is removed or discharged by the ...
• New Jersey Statutes 3B:10-16 Decedent's will to be observed
  Where administration is granted with the will annexed, the will of the decedent therein expressed shall be observed and performed. L.1981, c. 405, s. 3B:10-16, ...
• New Jersey Statutes 3B:10-17 Manner in which appointment shall be made
  The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by ...
• New Jersey Statutes 3B:10-18 When appointment unnecessary
  The appointment of a substituted administrator shall not be required if the unadministered assets of the intestate or testator consist of money on deposit in ...
• New Jersey Statutes 3B:10-19 Commencement of duties and powers of a personal representative
  The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts ...
• New Jersey Statutes 3B:10-20 Ratification of prior acts
  A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a ...
• New Jersey Statutes 3B:10-21.1 Appointment of person to control funeral, disposition of remains.
  40. Prior to probate, a decedent's appointment of a person in a will to control the funeral and disposition of human remains ...
• New Jersey Statutes 3B:10-22 Priority among letters
  A person to whom general letters of appointment are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, ...
• New Jersey Statutes 3B:10-23 Duty of personal representative to settle and distribute estate
  A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and ...
• New Jersey Statutes 3B:10-24 Liability for acts of administration or distribution
  A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to ...
• New Jersey Statutes 3B:10-25 Standing to sue and be sued
  Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his ...
• New Jersey Statutes 3B:10-26 Standards of care to be observed
  Except as otherwise provided by the terms of a decedent's will, the personal representative shall observe the standards in dealing with the estate assets that ...
• New Jersey Statutes 3B:10-27 Right to possession of property transferred in fraud of creditors
  The right to possession of property transferred in fraud of creditors recovered for the benefit of creditors is exclusively in the personal representative. L.1981, c. ...
• New Jersey Statutes 3B:10-28 Expeditious settlement and distribution
  A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and do so without adjudication, order, or direction of a ...
• New Jersey Statutes 3B:10-29 Possession and control of estate
  Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, ...
• New Jersey Statutes 3B:10-30 Power over title to property
  Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would ...
• New Jersey Statutes 3B:10-31 Powers and duties of successor representative
  A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as ...
• New Jersey Statutes 3B:10-32 Powers of surviving copersonal representative
  Unless the terms of the will otherwise provide, every power exercisable by copersonal representatives may be exercised by the one or more remaining after the ...
• New Jersey Statutes 3B:11-1 Creator's reserved interest in trust alienable subject to creditors' claims
  The right of any creator of a trust to receive either the income or the principal of the trust or any part of either thereof, ...
• New Jersey Statutes 3B:11-2 Letters of trusteeship under a will
  A testamentary trustee or substituted testamentary trustee, before exercising the authority vested in him by virtue of any will admitted to probate by the Superior ...
• New Jersey Statutes 3B:11-3 Trustees construed to be joint tenants
  All estates heretofore or hereafter granted or devised to trustees shall be construed to have vested and to vest an estate of joint tenancy in ...
• New Jersey Statutes 3B:11-4 Effect to be given consent by holders of general powers of appointment upon beneficiaries
  For the purpose of granting consent or approval with regard to the acts or accounts of a fiduciary or trustee, including relief from liability or ...
• New Jersey Statutes 3B:11-4.1 Limitations on powers of trustees; applicability; "interested party" defined
  1. a. The following powers conferred by a governing instrument upon a trustee in his or her capacity as a trustee shall not ...
• New Jersey Statutes 3B:11-5 Trustee's death or failure to act; appointment of new trustee by court; powers
  When a trustee appointed by a will probated in the surrogate's court of any county or a trustee appointed under a trust inter vivos as ...
• New Jersey Statutes 3B:11-6 Vacancy in trusteeship upon discharge or removal
  When a trustee is removed or discharged by the Superior Court before the completion of the trust, the court may appoint a fit person or ...
• New Jersey Statutes 3B:11-7 Powers of new, substituted or additional trustees
  A duly appointed new, substituted or additional trustee shall have the same power and discretion with respect to the investment, management, conversion, sale or other ...
• New Jersey Statutes 3B:11-8 Short title
  This article shall be known and may be cited as the "Charitable Trust Law of 1971." L.1981, c. 405, s. 3B:11-8, eff. May 1, 1982. ...
• New Jersey Statutes 3B:11-9 Definitions
  As used in this article: a. "Code" means the Internal Revenue Code of 1954 as amended; b. "Private foundation trust" means a charitable trust which ...
• New Jersey Statutes 3B:11-10 Provision included in trust instruments governing nonprofit corporations administering private foundation trusts
  Notwithstanding any provision to the contrary contained in any law of this State or in any trust instrument, and except as otherwise provided in N.J.S. ...
• New Jersey Statutes 3B:11-11 Provision included in trust instruments governing split-interest trusts or private foundation trusts
  Notwithstanding any provision to the contrary contained in any law of this State or in any trust instrument, and except as otherwise provided in N.J.S. ...
• New Jersey Statutes 3B:11-12 Execution of instrument stating certain provisions not applicable to trust; filing
  The trustee or trustees of any trust may, without judicial proceedings, execute an instrument stating that the provisions of N.J.S. 3B:11-10 or N.J.S. 3B:11-11, as ...
• New Jersey Statutes 3B:11-13 Construction of article
  This article shall be so construed as to enable split-interest trusts and private foundation trusts to qualify for the maximum tax exemptions available to those ...
• New Jersey Statutes 3B:11-14 Power of courts or Attorney General not impaired by article
  Nothing in this article shall impair the power conferred by law upon the courts or the Attorney General of this State with respect to any ...
• New Jersey Statutes 3B:11-15 Application of article
  This article shall apply to all trusts, as defined herein, whether created before or after December 13, 1971. L.1981, c. 405, s. 3B:11-15, eff. May ...
• New Jersey Statutes 3B:11-16 Pooled trust accounts
  1. Prepaid funeral expense moneys used to fund a prepaid funeral agreement may be deposited into a pooled trust account in a federally insured State ...
• New Jersey Statutes 3B:11-16.1 Definitions used in C.3B:11-16 et al.
  22. As used in P.L.1985, c.147 (C.3B:11-16 et al.): "Assigned funeral insurance policy" means any insurance policy or annuity contract that is not a newly ...
• New Jersey Statutes 3B:11-17 Trustees' commission
  2. The trustees of a pooled trust fund established pursuant to section 1 of this act for the benefit of not less than 200 purchasers ...
• New Jersey Statutes 3B:11-18 Report; rules, regulations
  The Commissioner of Banking shall determine whether, among pooled trust funds established pursuant to this act, adequate competition exists with respect to interest rate yield ...
• New Jersey Statutes 3B:11-19 Short title
  This act shall be known and may be cited as the "New Jersey Community Trust for Persons with Severe Chronic Disabilities Act." L. 1985, c. ...
• New Jersey Statutes 3B:11-20 Findings
  The Legislature finds that it is in the public interest to encourage activities by voluntary associations and private citizens which will supplement and augment those ...
• New Jersey Statutes 3B:11-21 Purposes, policies
  3. This act shall be liberally construed and applied to promote its underlying purposes and policies, which are among others to: a. encourage the orderly ...
• New Jersey Statutes 3B:11-22 Definitions
  500 Can't connect to lis.njleg.state.nj.us:80 (connect: Operation timed out) ...
• New Jersey Statutes 3B:11-23 Nonprofit corporations
  This act shall apply to every community trust established in this State after the effective date of this act. In addition to meeting the other ...
• New Jersey Statutes 3B:11-24 Board
  6. Every community trust shall be administered by a board. The board shall be comprised of no less than nine and no more than 21 ...
• New Jersey Statutes 3B:11-25 No compensation
  Notwithstanding any other provision of law to the contrary, no trustee may be compensated for services provided as a member of the board of a ...
• New Jersey Statutes 3B:11-26 Bylaws
  The board shall adopt bylaws which shall include a declaration delineating the primary geographic area serviced by the trust and the principal services to be ...
• New Jersey Statutes 3B:11-27 Services; guardianship
  The board may retain paid staff as it may deem necessary to provide follow- along services to the extent required by each beneficiary. The board ...
• New Jersey Statutes 3B:11-28 Contributions; written statement of services
  The board may accept contributions, bequests, and designations under life insurance policies to the community trust on behalf of individuals with severe chronic disabilities for ...
• New Jersey Statutes 3B:11-29 Itemized annual statement
  Along with the annual report filed with the Secretary of State pursuant to Title 15A of the New Jersey Statutes, the board shall file an ...
• New Jersey Statutes 3B:11-30 Qualification of indigent persons
  The board may accept gifts and use surplus trust funds for the purpose of qualifying as beneficiaries any indigent person whose family members lack the ...
• New Jersey Statutes 3B:11-31 Special requests; individual trusts
  The board may agree to fulfill any special requests made on behalf of a beneficiary as long as the requests are consistent with this act ...
• New Jersey Statutes 3B:11-32 Community trust irrevocable
  14. A community trust for persons with severe chronic disabilities is irrevocable, but the trustees in their sole discretion may provide compensation for any contribution ...
• New Jersey Statutes 3B:11-33 Not deemed asset
  Notwithstanding any other provision of law to the contrary, the beneficiary's interest in any community trust shall not be deemed to be an asset for ...
• New Jersey Statutes 3B:11-34 Not subject to rule against perpetuities
  A community trust shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation ...
• New Jersey Statutes 3B:11-35 Settlement, dissolution, merger
  The board shall settle a community trust by filing a final accounting in the Superior Court. In addition, at any time prior to the settlement ...
• New Jersey Statutes 3B:11-36 Findings, declarations regarding special needs trusts
  1. The Legislature finds and declares that: a. It is in the public interest to encourage persons to set ...
• New Jersey Statutes 3B:11-37 Establishing an OBRA '93 trust
  3. a. As used in this section "OBRA '93 trust" means a trust established pursuant to 42 U.S.C. s.1396p(d)(4)(A) or an account within ...
• New Jersey Statutes 3B:11-38 Trust funds for pets recognized as valid
  1. a. A trust for the care of a domesticated animal is valid. The intended use of the principal or income may be ...
• New Jersey Statutes 3B:12-1 Power of the court to order a protective arrangement.
  3B:12-1. Power of the court to order a protective arrangement. If it is established that a minor, an incapacitated person or ...
• New Jersey Statutes 3B:12-2 Matters within a protective arrangement.
  3B:12-2. Matters within a protective arrangement. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds ...
• New Jersey Statutes 3B:12-3 Factors to be considered before approving a protective arrangement.
  3B:12-3. Factors to be considered before approving a protective arrangement. Before approving a protective arrangement or other transaction the court shall ...
• New Jersey Statutes 3B:12-4 Appointment of special guardian.
  3B:12-4. Appointment of special guardian. The court may appoint a special guardian to assist in the accomplishment of any protective arrangement ...
• New Jersey Statutes 3B:12-5 Right of alleged incapacitated person to trial on issue of incapacity.
  3B:12-5. Right of alleged incapacitated person to trial on issue of incapacity. Where application is made to the court for proceedings ...
• New Jersey Statutes 3B:12-6 Circumstances under which money may be paid or personal property delivered.
  3B:12-6. Circumstances under which money may be paid or personal property delivered. Any person under a duty to pay or deliver ...
• New Jersey Statutes 3B:12-7 When payment of money or delivery of property prohibited
  The payment of money or delivery of personal property under N.J.S. 3B:12-6 shall not be made if the person making payment or delivery has actual ...
• New Jersey Statutes 3B:12-8 Application of money and property; reimbursement for out-of-pocket expenses
  The persons, other than the minor or any financial institution under subsection e. of N.J.S. 3B:12-6, receiving money or property for a minor, are obligated ...
• New Jersey Statutes 3B:12-9 Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age
  Any excess sums shall be preserved for future support of the minor and any balance not so used and any property received for the minor ...
• New Jersey Statutes 3B:12-10 Persons paying money or delivering property not liable for application
  Persons who pay or deliver in accordance with provisions of this article are not responsible for the proper application thereof. L.1981, c. 405, s. 3B:12-10, ...
• New Jersey Statutes 3B:12-11 Affidavit of receipt; contents; filing.
  3B:12-11. Affidavit of receipt; contents; filing. The persons making payment of money or delivery of personal property as provided in this ...
• New Jersey Statutes 3B:12-12 Jurisdiction of surrogate to appoint guardians for minors
  In the appointment of guardians for minors, the surrogate's court of the county in which the minor may reside or if he is nonresident, then ...
• New Jersey Statutes 3B:12-13 Power to designate testamentary guardian.
  3B:12-13. Power to designate testamentary guardian. Subject to the provisions of N.J.S.3B:12-14, either parent may, by his will, appoint a guardian ...
• New Jersey Statutes 3B:12-14 Consent of surviving parent; formal requisites
  Where an appointment is made under N.J.S. 3B:12-13 and the other parent survives the appointing parent, the appointment shall be effective only when the surviving ...
• New Jersey Statutes 3B:12-15 Appointment of testamentary guardian by surviving parent.
  3B:12-15. Appointment of testamentary guardian by surviving parent. If no guardian has been appointed pursuant to N.J.S.3B:12-13 and N.J.S.3B:12-14, or if ...
• New Jersey Statutes 3B:12-16 Bond of testamentary guardian.
  3B:12-16. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of a minor shall give bond in accordance with ...
• New Jersey Statutes 3B:12-17 Determination into fitness of a testamentary guardian of a minor's person
  If a will appointing a testamentary guardian of the person of a minor has been or is to be probated in the surrogate's court of ...
• New Jersey Statutes 3B:12-18 Effect of a testamentary appointment
  The appointment of a testamentary guardian of the person or estate of a minor or his estate shall be good and effectual against any other ...
• New Jersey Statutes 3B:12-19 Guardian for property of nonresident minor
  Where a nonresident minor has property within this State, the Superior Court may appoint a guardian of the minor to administer his property. The surrogate's ...
• New Jersey Statutes 3B:12-20 Special guardian for consent to enlist; bond; fees
  When any minor, who is of an age that the consent of his parent or guardian is necessary to enable him to enlist in the ...
• New Jersey Statutes 3B:12-21 Persons entitled to appointment
  In an action for the appointment of a guardian of the person, guardian of the estate, or a guardian of the person and estate of ...
• New Jersey Statutes 3B:12-22 Appointment when heirs are nonresidents
  When it shall appear to the Superior Court, or surrogate's court that the heirs of a minor residing in this State do not reside within ...
• New Jersey Statutes 3B:12-23 Guardian for child of absconding or absent parent
  If a resident of this State has or shall abscond or absent himself from the State, leaving a child under the age of 18 without ...
• New Jersey Statutes 3B:12-24 Issue of incapacity triable without jury unless jury is demanded.
  3B:12-24. Issue of incapacity triable without jury unless jury is demanded. In civil actions or proceedings for the determination of incapacity ...
• New Jersey Statutes 3B:12-24.1 Determination by the court of need for guardianship services, specific services.
  12. Determination by the court of need for guardianship services, specific services. a. General Guardian. If the court finds that ...
• New Jersey Statutes 3B:12-25 Appointment of guardian.
  3B:12-25. Appointment of guardian. The Superior Court may determine the incapacity of an alleged incapacitated person and appoint a guardian ...
• New Jersey Statutes 3B:12-26 Action against incapacitated person when guardian newly appointed; leave of court required.
  3B:12-26. Action against incapacitated person when guardian newly appointed; leave of court required. No action shall be brought or maintained against ...
• New Jersey Statutes 3B:12-27 Distribution of property of an incapacitated person as intestate property.
  3B:12-27. Distribution of property of an incapacitated person as intestate property. If an incapacitated person dies intestate or without any will ...
• New Jersey Statutes 3B:12-28 Return to competency; restoration of estate.
  3B:12-28. Return to competency; restoration of estate. The Superior Court may, on summary action filed by the person adjudicated incapacitated or ...
• New Jersey Statutes 3B:12-29 Appointment of guardian of the property for nonresident incapacitated person.
  3B:12-29. Appointment of guardian of the property for nonresident incapacitated person. When a nonresident has been or shall be found to ...
• New Jersey Statutes 3B:12-30 Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment.
  3B:12-30. Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment. The parents who have been appointed the ...
• New Jersey Statutes 3B:12-31 Consent by surviving parent to guardian's appointment.
  3B:12-31. Consent by surviving parent to guardian's appointment. Where an appointment of a testamentary guardian is made by a parent under ...
• New Jersey Statutes 3B:12-32 Temporary appointment of guardian if person not adjudicated an incapacitated person.
  3B:12-32. Temporary appointment of guardian if person not adjudicated an incapacitated person. If the person for whom a testamentary guardian has ...
• New Jersey Statutes 3B:12-33 Bond of testamentary guardian.
  3B:12-33. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of an incapacitated person shall give bond in accordance ...
• New Jersey Statutes 3B:12-34 Determination into fitness of a testamentary guardian of the person of an incapacitated person.
  3B:12-34. Determination into fitness of a testamentary guardian of the person of an incapacitated person. If a will appointing a testamentary ...
• New Jersey Statutes 3B:12-35 Effect of a testamentary appointment.
  3B:12-35. Effect of a testamentary appointment. The appointment of a testamentary guardian of the person of an incapacitated person or his ...
• New Jersey Statutes 3B:12-36 Authority of court with respect to ward's person and estate.
  3B:12-36. Authority of court with respect to ward's person and estate. If a guardian has been appointed as to the person ...
• New Jersey Statutes 3B:12-37 Letters of guardianship to state any limitations at the time of appointment or later.
  3B:12-37. Letters of guardianship to state any limitations at the time of appointment or later. If the court limits any ...
• New Jersey Statutes 3B:12-38 Title to ward's property vested in guardian as trustee.
  3B:12-38. Title to ward's property vested in guardian as trustee. The appointment of a guardian of the estate of a minor ...
• New Jersey Statutes 3B:12-39 Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.
  3B:12-39. Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations. A parent, other than where custody of ...
• New Jersey Statutes 3B:12-40 Duty of guardian of ward's person to account to guardian of his estate
  If another person has been appointed guardian of the estate, all of the ward's estate received by the guardian of the person in excess of ...
• New Jersey Statutes 3B:12-41 Guardian of ward's person entitled to reimbursement for expenses; payments to third persons.
  3B:12-41. Guardian of ward's person entitled to reimbursement for expenses; payments to third persons. If another person has been appointed guardian ...
• New Jersey Statutes 3B:12-42 Reporting condition of ward's person and property to court.
  3B:12-42. Reporting condition of ward's person and property to court. A guardian shall report at time intervals as ordered by the ...
• New Jersey Statutes 3B:12-43 Expenditures to be made by guardian out of ward's estate.
  3B:12-43. Expenditures to be made by guardian out of ward's estate. A guardian of the estate of a minor or incapacitated ...
• New Jersey Statutes 3B:12-44 Recommendations to be considered by guardian of ward's estate in making expenditures.
  3B:12-44. Recommendations to be considered by guardian of ward's estate in making expenditures. In making expenditures under N.J.S.3B:12-43, the guardian of ...
• New Jersey Statutes 3B:12-45 Other factors to be considered by guardian of ward's estate in making expenditures.
  3B:12-45. Other factors to be considered by guardian of ward's estate in making expenditures. In making expenditures under N.J.S.3B:12-43, the guardian ...
• New Jersey Statutes 3B:12-46 Persons for whose benefit expenditures may be made by guardian of ward's estate.
  3B:12-46. Persons for whose benefit expenditures may be made by guardian of ward's estate. The guardian of the estate of a ...
• New Jersey Statutes 3B:12-47 Persons to whom funds may be paid.
  3B:12-47. Persons to whom funds may be paid. Funds expended by the guardian of the estate of a minor or an ...
• New Jersey Statutes 3B:12-48 Powers conferred upon a guardian.
  3B:12-48. Powers conferred upon a guardian. A guardian of the estate of a minor or an incapacitated person has all of ...
• New Jersey Statutes 3B:12-49 Powers conferred upon the court.
  3B:12-49. Powers conferred upon the court. The court has, for the benefit of the ward, the ward's dependents and members of ...
• New Jersey Statutes 3B:12-50 Additional powers which may be exercised by the court
  The court may exercise, or direct the exercise of, or release the powers of appointment of which the ward is donee, to renounce interests, to ...
• New Jersey Statutes 3B:12-51 Powers and responsibilities of a guardian of the person of a minor generally
  A guardian of the person of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his ...
• New Jersey Statutes 3B:12-52 Powers and duties of a guardian of the person of a minor
  In particular, and without qualifying the provisions of N.J.S. 3B:12-51, a guardian of the person of a minor has the following powers and duties, except ...
• New Jersey Statutes 3B:12-53 Powers and duties of a guardian of the estate of an unmarried minor as guardian of the minor's person
  A guardian of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian ...
• New Jersey Statutes 3B:12-54 Duty of guardian to deliver property when minor attains 18 years of age.
  3B:12-54. Duty of guardian to deliver property when minor attains 18 years of age. Except as provided in section 2 of ...
• New Jersey Statutes 3B:12-54.1 Trusts for certain beneficiaries providing deferred distribution of funds.
  2. In the event that any part of an intestate estate passes to the decedent's issue pursuant to N.J.S.3B:5-4, and if ...
• New Jersey Statutes 3B:12-55 When authority and responsibility of guardian terminate
  The authority and responsibility of a guardian of the person or estate of a minor terminate upon the death, resignation or removal of the guardian ...
• New Jersey Statutes 3B:12-56 Powers, rights and duties of a guardian of the person of a ward generally.
  3B:12-56. Powers, rights and duties of a guardian of the person of a ward generally. a. A guardian of the ...
• New Jersey Statutes 3B:12-57 Powers and duties of a guardian of the person of a ward.
  3B:12-57. Powers and duties of a guardian of the person of a ward. a. (Deleted by amendment, P.L.2005, c.304.) ...
• New Jersey Statutes 3B:12-58 Gifts to charities and other objects.
  3B:12-58. Gifts to charities and other objects. If the estate is ample to provide for the purposes implicit in the distributions ...
• New Jersey Statutes 3B:12-59 Purchase of real property for use of an incapacitated person and his dependents.
  3B:12-59. Purchase of real property for use of an incapacitated person and his dependents. When it shall appear to the court ...
• New Jersey Statutes 3B:12-60 Guardian's duty with respect to will of deceased incapacitated person.
  3B:12-60. Guardian's duty with respect to will of deceased incapacitated person. Upon the death of an incapacitated person, the guardian shall ...
• New Jersey Statutes 3B:12-61 Power of guardian to act as personal representative of the estate of a deceased incapacitated person.
  3B:12-61. Power of guardian to act as personal representative of the estate of a deceased incapacitated person. If within 40 days ...
• New Jersey Statutes 3B:12-62 Factors to be considered by the court or guardian in exercising certain powers
  In investing the estate, and in selecting assets of the estate for distribution under this article, in utilizing powers of revocation or withdrawal available for ...
• New Jersey Statutes 3B:12-63 Guardian's final account and delivery of property upon termination of guardianship.
  3B:12-63. Guardian's final account and delivery of property upon termination of guardianship. Upon termination of the guardianship, pursuant to N.J.S.3B:12-64 the ...
• New Jersey Statutes 3B:12-64 When authority and responsibility of guardian terminate.
  3B:12-64. When authority and responsibility of guardian terminate. a. The authority and responsibility of a guardian of the person or ...
• New Jersey Statutes 3B:12-65 Vacancy in guardianship
  A vacancy in a guardianship shall be deemed to arise when a sole or sole surviving or remaining guardian dies, resigns or is removed or ...
• New Jersey Statutes 3B:12-66 Filling vacancy in guardianship.
  3B:12-66. Filling vacancy in guardianship. The Superior Court, or the Surrogate's court in the case of a minor, shall have jurisdiction to fill ...
• New Jersey Statutes 3B:12-66.1 Removal from New Jersey after appointment of guardian.
  48. Removal from New Jersey after Appointment of Guardian. a. A guardian appointed in this State desiring to move to ...
• New Jersey Statutes 3B:12-66.2 Transfer into New Jersey of guardianship established in another state.
  49. Transfer into New Jersey of Guardianship Established in Another State. a. A guardian or like fiduciary appointed in another ...
• New Jersey Statutes 3B:12-67 Short title
  1. This act shall be known and may be cited as the "New Jersey Standby Guardianship Act." L.1995,c.76,s.1. ...
• New Jersey Statutes 3B:12-68 Findings, declarations
  2. The Legislature finds and declares that there is an imperative need to create an expeditious manner of establishing a guardianship known as a standby ...
• New Jersey Statutes 3B:12-69 Definitions.
  3. As used in this act: "Appointed standby guardian" means a person appointed pursuant to section 6 of this act ...
• New Jersey Statutes 3B:12-70 Jurisdiction
  4. The surrogate's court of the county in which a minor child resides or has real or personal property shall have jurisdiction under this act ...
• New Jersey Statutes 3B:12-71 Applicability
  5. The provisions of N.J.S.3B:12-1 et seq. shall apply to a standby guardian except as otherwise provided in this act. L.1995,c.76,s.5. ...
• New Jersey Statutes 3B:12-72 Appointment of standby guardian by court
  6. a. Upon petition of the parent, legal custodian or designated standby guardian, the court may appoint a standby guardian of a minor child. The ...
• New Jersey Statutes 3B:12-73 Immediate assumption of duties of appointed standby guardian; revocation in writing
  7. a. Upon the occurrence of a triggering event set forth in a decree appointing a standby guardian, the standby guardian shall be empowered to ...
• New Jersey Statutes 3B:12-74 Designation of standby guardian by parent
  8. a. When the consent of a parent or legal custodian for the execution of a power of attorney delegating another person to exercise the ...
• New Jersey Statutes 3B:12-75 Immediate assumption of duties of designated standby guardian; revocation
  9. a. Upon the occurrence of the triggering event stated in the written designation executed pursuant to section 8 of this act, the designated standby ...
• New Jersey Statutes 3B:12-76 Petition for judicial appointment of designated standby guardian
  10. a. Unless a petition for judicial appointment of a standby guardian is made by the designator or the designated standby guardian, the designation made ...
• New Jersey Statutes 3B:12-77 Notice of petition to child
  11. Notice of a petition or designation filed with the court pursuant to this act shall be served upon the minor child for whom the ...
• New Jersey Statutes 3B:12-78 Filing, delivery of appointment, designation
  12. a. The county clerk, upon being paid the fees allowed by law, shall receive for filing any instrument appointing or designating a standby guardian ...
• New Jersey Statutes 3B:12A-1 Findings, declarations relative to kinship legal guardianship.
  1. The Legislature finds and declares that: a. There is an increase in the number of children who cannot ...
• New Jersey Statutes 3B:12A-2 Definitions relative to kinship legal guardianship.
  2. As used in sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.): "Caregiver" means a person over 18 ...
• New Jersey Statutes 3B:12A-3 Jurisdiction, venue.
  3. The Superior Court, Chancery Division, Family Part shall have jurisdiction under sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.). ...
• New Jersey Statutes 3B:12A-4 Rights, responsibilities, authority of kinship legal guardian.
  4. a. (1) Except as provided in paragraph (2) of this subsection, a kinship legal guardian shall have the same rights, responsibilities and ...
• New Jersey Statutes 3B:12A-5 Appointment as kinship legal guardian; contents of petition.
  5. a. Upon petition of a caregiver, the court may appoint the caregiver as kinship legal guardian of a child residing in the ...
• New Jersey Statutes 3B:12A-6 Considerations for appointment as kinship legal guardian.
  6. a. In making its determination about whether to appoint the caregiver as kinship legal guardian, the court shall consider: (1) ...
• New Jersey Statutes 3B:12A-7 Court rules.
  12. The Supreme Court of New Jersey may adopt court rules to effectuate the purposes of this act. L.2001,c.250,s.12. ...
• New Jersey Statutes 3B:13-1 Short title
  This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law." L.1981, c. 405, s. 3B:13-1, eff. May 1, 1982. ...
• New Jersey Statutes 3B:13-2 Definitions
  As used in this chapter: a. "Federal agency" means any bureau, office, board or officer of the United States by whatever name known, now or ...
• New Jersey Statutes 3B:13-3 General rules of construction
  This chapter shall be liberally construed to secure the beneficial intent and purpose thereof and shall apply only to beneficiaries enumerated in N.J.S. 3B:13-2. This ...
• New Jersey Statutes 3B:13-4 Fees and costs
  Except as otherwise provided in this chapter, no costs or fees shall be charged or taxed by the surrogates of the respective counties or by ...
• New Jersey Statutes 3B:13-5 No charges to be made for copies of certain records
  When a copy of a public record is required by a Federal agency for use in determining the eligibility of a person to participate in ...
• New Jersey Statutes 3B:13-6 Determination of incompetency by Superior Court
  For the purpose of appointing a guardian pursuant to this chapter, the mental incompetency of a beneficiary of a Federal agency shall be determined by ...
• New Jersey Statutes 3B:13-7 Guardians; when and how appointed
  When, pursuant to any law of the United States or regulation of a Federal agency, the chief officer of the agency requires, prior to payment ...
• New Jersey Statutes 3B:13-8 Guardian to have no more than five wards; exceptions
  Except as provided in this section, no person shall accept appointment as guardian of a ward if he be acting as guardian for five wards. ...
• New Jersey Statutes 3B:13-9 Filing account with the court
  Every guardian appointed by the surrogate of any county or by the Superior Court, who receives any moneys from a Federal agency for the benefit ...
• New Jersey Statutes 3B:13-10 Filing account with Federal agency
  Each year when not required to render an account to the court, the guardian shall render an account to the regional office of the Veterans' ...
• New Jersey Statutes 3B:13-11 Times for accounting
  The times for rendering accounts shall be as follows: a. In the counties of Hudson, Somerset or Sussex, on or before January 5; b. In ...
• New Jersey Statutes 3B:13-12 Notice to Federal agency
  The clerk of the court shall, within 5 days of the date of filing of the account, mail a copy of the account to the ...
• New Jersey Statutes 3B:13-13 Accounting without filing vouchers
  The Superior Court may allow the account without proof or the submission of vouchers if the written approval of the attorney in this State for ...
• New Jersey Statutes 3B:13-14 Removal of guardian for failure to account; costs
  If the Federal agency, the sureties on the guardian's bond, any person interested in the benefits in the hands of the guardian or any person ...
• New Jersey Statutes 3B:13-15 Investments
  A guardian shall invest the funds of the estate in a manner and in securities, in which the guardian has no interest, as allowed by ...
• New Jersey Statutes 3B:13-16 Support of dependents
  When directed in writing by the proper Federal agency, the guardian shall apply that portion of the estate to the ward's spouse, child, father or ...
• New Jersey Statutes 3B:13-17 Compensation of guardian
  Compensation payable to a guardian shall not exceed 5% of the income of the ward during any year. For extraordinary services rendered by the guardian, ...
• New Jersey Statutes 3B:13-18 Authorization for guardian of incompetent ward to receive additional personal property not exceeding $10,000.00
  When an incompetent ward for whom a guardian has been appointed becomes entitled to personal property amounting to not more than $10,000.00 from any source ...
• New Jersey Statutes 3B:13-19 Direction of court for expenditure required; investment
  The guardian shall not expend any portion of the personal property received from any source other than the United States Government, except as directed by ...
• New Jersey Statutes 3B:13-20 Fees
  The fees allowed by law shall be applicable to proceedings with respect to personal property received from sources other than the United States Government, and ...
• New Jersey Statutes 3B:13-21 Appointment of public guardian for veterans
  There may be appointed in each county a person to be known as "public guardian of incompetent veterans for the county of (naming county)" , ...
• New Jersey Statutes 3B:13-22 Guardian's bond
  Before entering upon the duties of his office, a public guardian of incompetent veterans shall execute a bond to the Superior Court in an amount ...
• New Jersey Statutes 3B:13-23 Salary of public guardian
  A public guardian of incompetent veterans shall receive an annual salary to be fixed by the Assignment Judge of the Superior Court of the county ...
• New Jersey Statutes 3B:13-24 Duties of public guardian as adviser of other guardians
  The public guardian of incompetent veterans shall, in each county, assist, supervise, advise and otherwise aid the duly appointed guardians of incompetent veterans and give ...
• New Jersey Statutes 3B:13-25 Discharge and removal of public guardian
  The public guardian of incompetent veterans shall be subject to discharge or removal, by the court, on the grounds and in the manner in which ...
• New Jersey Statutes 3B:13-26 Public guardian may be appointed general guardian for veteran
  Where an action is brought in the Superior Court for the appointment of a guardian for a person who, while in the military, naval, marine, ...
• New Jersey Statutes 3B:13-27 Powers of public guardian as guardian of veterans' estates
  The public guardian of incompetent veterans shall have, in respect of any veteran and the estate of any veteran for whom he has been appointed ...
• New Jersey Statutes 3B:13-28 Settlement of accounts
  The public guardian shall settle his accounts in each estate in which he has been appointed guardian at the times and in the same manner ...
• New Jersey Statutes 3B:13-29 Termination of guardianship; settlement of account
  Upon the termination of a guardianship, by death of his ward or otherwise, the public guardian shall settle his account as guardian in the same ...
• New Jersey Statutes 3B:13-30 Settlement of accounts upon expiration of public guardian's term
  The public guardian shall proceed to settle the accounts of all estates of which he is duly appointed guardian upon the expiration of his term ...
• New Jersey Statutes 3B:13-31 Counsel to represent public guardian; compensation
  The public guardian of incompetent veterans may, when authorized by the Superior Court, employ counsel to represent him. The compensation of counsel shall be fixed ...
• New Jersey Statutes 3B:13A-1 Definitions
  As used in this chapter: a. "Conservatee" means a person who has not been judicially declared incompetent but who by reason of advanced age, illness ...
• New Jersey Statutes 3B:13A-2 Civil action to appoint conservator
  The Superior Court may, in a civil action brought by the conservatee or some other person in his behalf, appoint a conservator to manage the ...
• New Jersey Statutes 3B:13A-3 Appointment of counsel to represent conservatee
  The court shall have the right to appoint counsel for the proposed conservatee if it believes that counsel is necessary to adequately protect the interests ...
• New Jersey Statutes 3B:13A-4 Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend
  The conservatee shall be present at the hearing unless he is unable to attend by reason of physical or other inability, and that inability is ...
• New Jersey Statutes 3B:13A-5 By whom action for appointment of conservator in behalf of conservatee may be brought
  3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought. An action for the appointment of a conservator may be ...
• New Jersey Statutes 3B:13A-6 Service of notice to appoint conservator
  Notice of the action to appoint a conservator shall be served upon the following persons: a. The conservatee unless he is the plaintiff; b. The ...
• New Jersey Statutes 3B:13A-7 Right of persons to be heard
  The persons receiving notice pursuant to N.J.S. 3B:13A-6 may, upon approval of the court and in the interest of the conservatee, appear and be heard ...
• New Jersey Statutes 3B:13A-8 Designation of conservator
  The court may appoint a person or a financial institution, qualified under the laws of this State to act as a fiduciary, as the conservator ...
• New Jersey Statutes 3B:13A-9 Acceptance of appointment
  Before letters of conservatorship are issued, the conservator shall accept the appointment in accordance with the Rules Governing the Courts of the State of New ...
• New Jersey Statutes 3B:13A-10 Power of attorney; filing; contents
  Every conservator, whether or not a resident of this State, who is granted letters of conservatorship within this State shall, at the time of the ...
• New Jersey Statutes 3B:13A-11 Service of process
  Service of process under N.J.S. 3B:13A-10 shall be made by leaving a copy of the process with the clerk of the court together with a ...
• New Jersey Statutes 3B:13A-12 "Process" defined
  The word "process" as used in N.J.S. 3B:13A-10 and N.J.S. 3B:13A-11 shall have the same meaning as set forth in N.J.S. 3B:14-46. L.1983, c. 192, ...
• New Jersey Statutes 3B:13A-13 Bond
  The court may, upon appointing a conservator in order to secure the faithful performance of the duties of his office, require him to furnish bond ...
• New Jersey Statutes 3B:13A-14 Conditions of bond
  If a bond is required of a conservator, it shall be conditioned substantially as follows: a. To well and truly take care of the estate ...
• New Jersey Statutes 3B:13A-15 Bond premium
  A conservator may include as a part of the lawful expense of executing his trust a reasonable sum, not exceeding 1% per annum on the ...
• New Jersey Statutes 3B:13A-16 Limitations on appointment of conservator
  The appointment of a conservator shall not: a. Be evidence of the competency or incompetency of a conservatee; or b. Transfer title of the conservatee's ...
• New Jersey Statutes 3B:13A-17 Inventory
  A conservator may, and if required by the court shall, file with the clerk of the court an inventory, under oath, of all the real ...
• New Jersey Statutes 3B:13A-18 Expenditures to be made by conservator out of conservatee's estate
  A conservator may expend or distribute so much or all of the income or principal of the conservatee for his support, maintenance, education, general use ...
• New Jersey Statutes 3B:13A-19 Recommendations to be considered by conservator in making expenditures
  In making expenditures under N.J.S. 3B:13A-18, a conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the conservatee made ...
• New Jersey Statutes 3B:13A-20 Other factors to be considered by conservator in making expenditures
  In making expenditures under N.J.S. 3B:13A-19, the conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the conservatee ...
• New Jersey Statutes 3B:13A-21 Persons for whose benefit expenditures may be made
  The conservator may expend funds of the conservatee's estate for the support of persons legally dependent on the conservatee and others who are members of ...
• New Jersey Statutes 3B:13A-22 Persons to whom funds may be paid
  Funds expended under N.J.S. 3B:13A-18 may be paid by the conservator to any person, including the conservatee, to reimburse the conservator for expenditures which he ...
• New Jersey Statutes 3B:13A-23 Powers conferred upon conservator
  A conservator has all of the powers conferred upon him by law and the terms of this chapter, except that a conservator's powers over the ...
• New Jersey Statutes 3B:13A-24 Expansion or limitation of conservator's powers
  The court may, at the time of appointment or later, expand or limit the powers of a conservator otherwise conferred by this chapter, or previously ...
• New Jersey Statutes 3B:13A-25 Formal accounting
  A conservator shall settle his account in the Superior Court at intervals as the court may require, except that a conservator may settle his first ...
• New Jersey Statutes 3B:13A-26 Effect of judgment allowing intermediate account
  A judgment, made upon notice and hearing, allowing an intermediate account of a conservator, shall have the same effect as a judgment allowing an intermediate ...
• New Jersey Statutes 3B:13A-27 Annual informal report or accounting
  The conservator shall present to the conservatee an annual informal report or accounting setting forth the collection and disposition of income and other assets within ...
• New Jersey Statutes 3B:13A-28 Personal liability of conservator on contracts
  Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course ...
• New Jersey Statutes 3B:13A-29 Personal liability of conservator for obligations arising from control of estate
  A conservator is individually liable for obligations arising from control of property of the estate or for any act or omission committed in the course ...
• New Jersey Statutes 3B:13A-30 Asserting claims against estate
  Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from control of the estate, or on any act ...
• New Jersey Statutes 3B:13A-31 Determining issues of liability between estate and conservator
  Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate ...
• New Jersey Statutes 3B:13A-32 Liability of conservator for improper exercise of power concerning estate
  If the exercise of power concerning the estate is improper, the conservator is liable to the conservatee or interested persons for damage or loss resulting ...
• New Jersey Statutes 3B:13A-33 Termination of conservatorship by conservatee
  Upon application of the conservatee, the court shall terminate the conservatorship, and the conservator, after the allowance of his final account, shall pay over and ...
• New Jersey Statutes 3B:13A-34 Termination of conservatorship upon death or incompetency of conservatee
  A conservatorship shall terminate upon the death of the conservatee or upon his having been adjudicated to be incompetent as provided by law, but the ...
• New Jersey Statutes 3B:13A-35 Substituted conservator
  Upon the death of the conservator or his removal by the court for good cause or if he resigns with court approval and after filing ...
• New Jersey Statutes 3B:13A-36 Conservator's compensation
  A conservator shall be compensated for his services in the same manner as a guardian for a minor or mental incompetent. L.1983, c. 192, s. ...
• New Jersey Statutes 3B:14-1 Survivorship and succession among cofiduciaries; duties and powers
  There shall be survivorship and succession between and among cofiduciaries. If only one fiduciary survives or remains qualified to act, no substituted fiduciary need be ...
• New Jersey Statutes 3B:14-2 Appointment of substituted fiduciary in place of one deceased or removed
  A substituted fiduciary may be discharged or removed in the same manner and for the same causes as an originally named or appointed fiduciary. Upon ...
• New Jersey Statutes 3B:14-3 Powers and duties of substituted fiduciary
  A substituted fiduciary may demand, receive and recover the property and assets of the estate, and maintain all proper actions for the recovery thereof, and ...
• New Jersey Statutes 3B:14-4 Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor
  A fiduciary appointed in the place of a removed or discharged fiduciary, or the cofiduciary remaining in office after the discharge or removal of the ...
• New Jersey Statutes 3B:14-5 Removed or discharged fiduciary to deliver assets to successor
  A fiduciary when removed or discharged shall forthwith deliver to his cofiduciary or the substituted fiduciary succeeding him all the assets of the estate which ...
• New Jersey Statutes 3B:14-6 Penalty for failure of removed or discharged fiduciary to account or deliver assets
  A fiduciary who fails to account as provided by N.J.S. 3B:14-7 or who fails to comply with the provisions of N.J.S. 3B:14-5, or any order ...
• New Jersey Statutes 3B:14-7 Account of removed or discharged fiduciary
  A removed or discharged fiduciary shall, within 60 days after removal or discharge or within a shorter or longer period as the court may direct, ...
• New Jersey Statutes 3B:14-8 "Engaged in war service" defined
  For the purposes of this article, a fiduciary or person named to act as fiduciary shall be deemed to be engaged in war service if ...
• New Jersey Statutes 3B:14-9 Appointment of substitute for fiduciary engaged in war service
  If a person is named to act as a fiduciary in a will or in any instrument creating a trust, who has not accepted the ...
• New Jersey Statutes 3B:14-10 Cofiduciaries; terms of instrument
  If the fiduciary or person named to act as fiduciary is one of several cofiduciaries or one of several named to act as cofiduciaries, the ...
• New Jersey Statutes 3B:14-11 Substituted fiduciary; bond
  The substituted fiduciary shall give bond in the same terms as to condition, security and amount as were required of the fiduciary or person named ...
• New Jersey Statutes 3B:14-12 Substituted fiduciary; powers and duties
  The substituted fiduciary, upon qualifying in accordance with the order of the court, shall be entitled to the control and possession of all of the ...
• New Jersey Statutes 3B:14-13 Reinstatement of original fiduciary
  When the fiduciary or person named to act as fiduciary in whose place a substituted fiduciary is appointed ceases to be engaged in war service, ...
• New Jersey Statutes 3B:14-14 Termination of substituted fiduciary's powers and duties; accounting and delivery of assets
  Upon reinstatement of the original fiduciary or person named to act as fiduciary, any substituted fiduciary of the estate, trust or fund, appointed by the ...
• New Jersey Statutes 3B:14-15 Powers and duties of reinstated fiduciary
  Upon reinstatement, the fiduciary or person named to act as fiduciary shall be vested with all of the title to that portion of the estate, ...
• New Jersey Statutes 3B:14-16 Commissions; apportionment
  Commissions on the administration of the estate, trust or fund shall be apportioned between the original fiduciary and the substituted fiduciary as the court shall ...
• New Jersey Statutes 3B:14-17 More than one substituted fiduciary
  The court may appoint more than one substituted fiduciary in place of any fiduciary or person named to act as fiduciary engaged in war service ...
• New Jersey Statutes 3B:14-18 Discharge from office of fiduciary; account; allowances
  A fiduciary may be discharged from the further duties of his office by the court. The court shall examine into the matter and if sufficient ...
• New Jersey Statutes 3B:14-19 Discharge from particular trust; effect
  Where a fiduciary is appointed by a will to perform a particular trust thereunder, he may be discharged from the performance thereof by the court. ...
• New Jersey Statutes 3B:14-20 Discharge of one or more joint fiduciaries
  When there is more than one fiduciary they may all, or any one or more of them, be discharged. L.1981, c. 405, s. 3B:14-20, eff. ...
• New Jersey Statutes 3B:14-21 Removal for cause
  The court may remove a fiduciary from office when: a. After due notice of an order or judgment of the court so directing, he neglects ...
• New Jersey Statutes 3B:14-22 Discharge or removal not to release fiduciary or sureties from certain liabilities
  The discharge or removal of a fiduciary for any cause authorized by this article shall not release or discharge him or his surety or sureties, ...
• New Jersey Statutes 3B:14-24 Authorization to exercise other powers.
  3B:14-24. The court having jurisdiction of the estate or trust may authorize the fiduciary to exercise any other power or to disclaim any ...
• New Jersey Statutes 3B:14-25 Payment of debt or delivery of certain personal property; requirements
  After the expiration of 60 days from the appointment of a domiciliary foreign fiduciary, any person indebted to the estate or having possession or control ...
• New Jersey Statutes 3B:14-26 Release upon payment or delivery in good faith
  Payment or delivery made in good faith under N.J.S. 3B:14-25 on the basis of the proof of authority and affidavit releases the debtor or person ...
• New Jersey Statutes 3B:14-27 When payment or delivery may not be made
  Payment or delivery under N.J.S. 3B:14-25 may not be made if a resident creditor of the estate has notified the debtor or the person having ...
• New Jersey Statutes 3B:14-28 Filing proof of domiciliary foreign fiduciary's authority
  If letters have not issued in this State or an action therefor is not pending in this State, a domiciliary foreign fiduciary or any other ...
• New Jersey Statutes 3B:14-29 Exercise of powers by domiciliary foreign fiduciary; security for costs
  Upon compliance with N.J.S. 3B:14-28, a domiciliary foreign fiduciary may exercise as to assets in this State all powers he would have had if he ...
• New Jersey Statutes 3B:14-30 Termination of domiciliary foreign fiduciary's powers; protection of third persons; exercise of powers binding on local fiduciary
  The power of a domiciliary foreign fiduciary under N.J.S. 3B:14-28 or N.J.S. 3B:14-29 shall be exercised only if letters have not been issued or an ...
• New Jersey Statutes 3B:14-31 Personal liability of fiduciary on contracts
  Unless otherwise provided in the contract, a fiduciary is not individually liable on a contract properly entered into in his fiduciary capacity in the course ...
• New Jersey Statutes 3B:14-32 Personal liability for obligations arising from ownership or control of estate; torts
  A fiduciary is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of ...
• New Jersey Statutes 3B:14-33 Asserting claims against estate
  Claims based on contracts entered into by a fiduciary in his fiduciary capacity, on obligations arising from ownership or control of the estate or on ...
• New Jersey Statutes 3B:14-34 Determining issues of liability between estate and fiduciary
  Issues of liability as between the estate and the fiduciary individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate ...
• New Jersey Statutes 3B:14-35 Liability of fiduciary for improper exercise of power concerning estate
  If the exercise of power concerning the estate is improper, the fiduciary is liable to interested persons for damage or loss resulting from breach of ...
• New Jersey Statutes 3B:14-36 Voidable sales, encumbrances or transactions; exceptions
  Any sale or encumbrance to the fiduciary, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, ...
• New Jersey Statutes 3B:14-37 Protection of persons assisting or dealing with fiduciary
  A person who in good faith either assists a fiduciary or deals with him for value is protected as if the fiduciary properly exercised his ...
• New Jersey Statutes 3B:14-38 Actions by fiduciaries
  The fiduciary or a majority of the fiduciaries who qualify may maintain an action in any court of this State without joining any fiduciary who ...
• New Jersey Statutes 3B:14-39 Several fiduciaries sued; judgment and execution
  In a civil action in any court of this State against two or more fiduciaries, those served shall defend the action on behalf of all ...
• New Jersey Statutes 3B:14-40 No actions against personal representatives within 6 months of grants of letters; exceptions; execution
  To enable personal representatives to examine into the condition of the estate and to ascertain its amount and value and the debts to be paid, ...
• New Jersey Statutes 3B:14-41 Actions against fiduciaries; proof of proper administration
  The failure of a fiduciary to plead in an action against him in a representative capacity that he has fully administered the estate or the ...
• New Jersey Statutes 3B:14-42 Recovery of damages for injury to property subsequently transferred
  A person injuring, damaging or destroying property while in the hands of a fiduciary shall be liable to the fiduciary in an action for damages ...
• New Jersey Statutes 3B:14-43 Adjudication binding on local fiduciary
  An adjudication rendered in any jurisdiction in favor of or against any fiduciary of the estate is as binding on the local fiduciary upon notice ...
• New Jersey Statutes 3B:14-44 Discovery of assets in action by fiduciary
  Upon application by a fiduciary, the court may require any person to appear before and make discovery of his possession of, or knowledge of the ...
• New Jersey Statutes 3B:14-45 Discovery of assets in action against the fiduciary
  The court may, if it shall appear that a fiduciary may have wasted, embezzled or misapplied the estate intrusted to him, compel discovery to be ...
• New Jersey Statutes 3B:14-46 "Process" defined
  The word "process" as used in this subarticle shall include any summons, subpena, writ, attachment and levy thereunder, garnishment, rule, order, notice, decision, judgment or ...
• New Jersey Statutes 3B:14-47 Fiduciary to file power of attorney; requisites of power
  Every fiduciary, whether or not a resident within this State, who is granted letters testamentary or of administration, trusteeship or guardianship within this State shall, ...
• New Jersey Statutes 3B:14-48 Service of process
  Service of process, under the provisions of this subarticle, shall be made by leaving a copy of the process with the surrogate or clerk, or ...
• New Jersey Statutes 3B:14-49 Submission to jurisdiction of courts
  A domiciliary foreign fiduciary submits himself personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by: a. ...
• New Jersey Statutes 3B:14-50 Jurisdiction by act of decedent
  In addition to jurisdiction conferred by N.J.S. 3B:14-49, a domiciliary foreign fiduciary for a decedent is subject to the jurisdiction of the courts of this ...
• New Jersey Statutes 3B:14-51 Service of process
  If a domiciliary foreign fiduciary has submitted himself to the jurisdiction of the courts of this State, service of process shall be made upon him ...
• New Jersey Statutes 3B:14-52 Short title
  This article shall be known and may be cited as the "Uniform Fiduciaries Law." L.1981, c. 405, s. 3B:14-52, eff. May 1, 1982. ...
• New Jersey Statutes 3B:14-53 Definitions
  As used in this article: a. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking and ...
• New Jersey Statutes 3B:14-54 Application of payments of money or transfer of property made to fiduciaries
  A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary is authorized to receive, is not ...
• New Jersey Statutes 3B:14-55 Check drawn by and payable to fiduciary
  If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary ...
• New Jersey Statutes 3B:14-56 Deposit in name of fiduciary; checks; when bank liable
  If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of ...
• New Jersey Statutes 3B:14-57 Checks drawn by fiduciary upon principal's account
  If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his ...
• New Jersey Statutes 3B:14-58 Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks
  3B:14-58. Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks. a. If a fiduciary makes a deposit ...
• New Jersey Statutes 3B:14-59 Deposit in names of two or more trustees; liability of payee, holder or bank
  When a deposit is made in a bank in the names of two or more persons as trustees and a check is drawn upon the ...
• New Jersey Statutes 3B:14-60 Cases not provided for in article
  In any case not provided for in this article, the rules of law and equity, including the law merchant and those rules of law and ...
• New Jersey Statutes 3B:14-61 Uniformity of interpretation
  The article shall be so interpreted and construed as to effectuate its general purpose to make uniform laws of those states which enact it. L.1981, ...
• New Jersey Statutes 3B:14-62 Abandonment of real property may be authorized
  A fiduciary of or any person interested in an estate or a trust may apply to the court for a judgment or order directing the ...
• New Jersey Statutes 3B:14-63 Directions of court when abandonment ordered
  If the fiduciary is ordered to abandon real property: a. The court may direct the fiduciary to refrain from (1) Paying any arrearages of real ...
• New Jersey Statutes 3B:14-64 Order approving abandonment of real property by fiduciary and authorizing conveyance of title
  Where it appears that a fiduciary in good faith and in the exercise of a reasonable discretion has abandoned real property by refraining from paying ...
• New Jersey Statutes 3B:14-65 Public liability after abandonment but before being divested of title
  Whenever a fiduciary, trust or estate abandons any real property pursuant to this article, the fiduciary, trust or estate shall remain liable for injury or ...
• New Jersey Statutes 3B:15-1 Bonds of fiduciaries; exceptions
  The court or surrogate appointing a fiduciary in any of the instances enumerated below shall secure faithful performance of the duties of his office by ...
• New Jersey Statutes 3B:15-2 Bonds not to be approved unless prescribed conditions are included
  When specific conditions as to a particular bond are prescribed by law, the bond shall not be approved unless the prescribed conditions are included therein, ...
• New Jersey Statutes 3B:15-3 Bond where will requires bond and fails to name obligee; prosecution
  When a will nominating an executor or devising or bequeathing property to a trustee by its terms requires the executor or trustee to give bond ...
• New Jersey Statutes 3B:15-4 Bond when property unsafe or in danger of waste
  If a fiduciary has not previously furnished a bond and proof is made to the satisfaction of the court that the property in his hands ...
• New Jersey Statutes 3B:15-5 Conditions of bond on grant of intestate administration
  The bond of an administrator of the estate of a person dying intestate shall be conditioned substantially as follows: a. If required by the court ...
• New Jersey Statutes 3B:15-6 Conditions of bonds on certain grants of administration
  In the case of the grant of letters of administration durante minori aetate, durante absentia, pendente lite, cum testamento annexo and other grants of administration, ...
• New Jersey Statutes 3B:15-7 Conditions of bonds of guardians of minors and mental incompetents
  The bond required of a guardian of a minor or mental incompetent shall be conditioned substantially as follows: a. To well and truly administer the ...
• New Jersey Statutes 3B:15-8 Allowance of expense of procuring surety bond of fiduciary, receiver or assignee
  A fiduciary, receiver or assignee for the benefit of creditors required by law or order of court to give a bond, may include as a ...
• New Jersey Statutes 3B:15-9 Additional surety when original sureties and bond insufficient
  If it appears that the security given by a fiduciary at the time of his appointment was insufficient or has become insufficient or the sureties ...
• New Jersey Statutes 3B:15-10 When fiduciary required to account and give separate security to surety
  When the surety on the bond of a fiduciary discovers that the fiduciary is wasting or mismanaging the estate, so that the surety may become ...
• New Jersey Statutes 3B:15-11 When deposit permitted
  If the value of an estate or fund is so great that the court in which the fiduciary received his letters or appointment deems it ...
• New Jersey Statutes 3B:15-12 Bond after deposit
  After deposit has been made pursuant to N.J.S. 3B:15-11, the court may fix the amount of the bond with respect to the value of the ...
• New Jersey Statutes 3B:15-13 How deposits made and withdrawn
  Deposits authorized under N.J.S. 3B:15-11 shall be made in the name of the fiduciary and shall be withdrawn from the custody of the depository only ...
• New Jersey Statutes 3B:15-14 Additional bond upon withdrawals
  A fiduciary shall not be permitted by the court to collect or receive the principal of securities on deposit or to withdraw a deposit pursuant ...
• New Jersey Statutes 3B:15-15 Depository to issue duplicate deposit certificates
  A depository receiving a deposit pursuant to N.J.S. 3B:15-11 shall issue a certificate in duplicate and deliver one certificate to the clerk of the court ...
• New Jersey Statutes 3B:15-16 Deposit and investment.
  3B:15-16. Deposit and investment. Where the estate of a minor for whom a guardian has been or is to be appointed ...
• New Jersey Statutes 3B:15-17 Investment by surrogate
  The court may direct that the moneys, or any part thereof, shall be invested by the surrogate of the county, where the guardian has been ...
• New Jersey Statutes 3B:15-17.1 Payment at age 18
  Where the estate of a minor consists of the proceeds of a judgment recovered in favor of the minor in any court of this State ...
• New Jersey Statutes 3B:15-18 Discharge of surety from liability for future acts of fiduciary, receiver or assignee
  The court shall discharge a surety on the bond of a fiduciary, receiver or assignee for the benefit of creditors from liability for all his ...
• New Jersey Statutes 3B:15-19 Discharge of surety for fiduciary or assignee after final account
  At any time 3 months after the entry of a final judgment of distribution made after the allowance of the final account of a fiduciary ...
• New Jersey Statutes 3B:15-20 Effect of discharge of surety
  After discharge of a surety pursuant to this article, all his liability by virtue of his undertaking shall cease, but the personal liability of the ...
• New Jersey Statutes 3B:15-21 Reduction of fiduciary's bond; discharge of original sureties
  When it shall appear upon the allowance of a fiduciary's intermediate account that the fiduciary's bond is in a greater sum than is necessary for ...
• New Jersey Statutes 3B:15-22 Discharge of fiduciary from liability on bond without surety
  Whenever a fiduciary which is a bank, trust company, savings bank or national bank, has heretofore given or hereafter gives a bond without surety and ...
• New Jersey Statutes 3B:15-23 Proof of order to limit creditors required in certain cases.
  3B:15-23. Proof of order to limit creditors required in certain cases. An order of discharge shall not be made in cases in ...
• New Jersey Statutes 3B:15-25 Court in which to bring proceedings to assess damages, to satisfy judgment or to discontinue action
  The moneys found due on the fiduciary's bond shall be applied toward making good the damage sustained by reason of the nonperformance of the conditions ...
• New Jersey Statutes 3B:15-26 Proceedings to satisfy judgment on bond; notice to claimants
  If any bond given by a fiduciary is forfeited and prosecuted to judgment in any court of record, and it is made to appear to ...
• New Jersey Statutes 3B:15-27 Presentation of claims
  Debts, claims and demands ordered to be brought in, pursuant to this article, shall be presented by the respective claimants in writing, verified by oath, ...
• New Jersey Statutes 3B:15-28 Exceptions; trial
  The surety may except to any claim, debt or demand, and thereupon the same shall be tried as the court may direct, and the court ...
• New Jersey Statutes 3B:15-29 Satisfaction of judgment
  After expiration of the time limited in the order the court may order satisfaction of the judgment to be entered pursuant to law upon proof ...
• New Jersey Statutes 3B:15-30 Application to have action on bond discontinued
  In any action on the bond of a fiduciary, the surety before judgment may apply to have the action discontinued. The application shall be made ...
• New Jersey Statutes 3B:15-31 Discontinuance of action on bond
  If it shall appear on the hearing that all damages sustained by reason of the forfeiture of the bond have been paid so far as ...
• New Jersey Statutes 3B:15-32 Unsatisfied claims
  If the claim of any person aggrieved by the forfeiture of the bond shall remain unsatisfied after the discontinuance of the action, the person may ...
• New Jersey Statutes 3B:15-33 Bonds not invalidated because of abolition of certain offices or courts
  No bond heretofore given by any fiduciary for the faithful performance, by him, of the duties of his office as a fiduciary, to any court ...
• New Jersey Statutes 3B:16-1 General requisites
  An inventory shall not be received nor admitted to be proved which is not full and specific in its details. L.1981, c. 405, s. 3B:16-1, ...
• New Jersey Statutes 3B:16-2 Inventory and appraisal to be made and filed
  A personal representative may or, if required by the court or if the exemption for the benefit of the family of the decedent is to ...
• New Jersey Statutes 3B:16-3 Appointment of appraisers
  If an inventory and appraisal is to be filed, the appraisers shall be chosen by the personal representative subject to the approval of the Superior ...
• New Jersey Statutes 3B:16-4 Property to be included in inventory and appraisal
  The appraisers shall make an inventory and appraisement of all the real and personal property of which the decedent died seized and possessed. L.1981, c. ...
• New Jersey Statutes 3B:16-5 Exemption for benefit of decedent's family
  The wearing apparel of any person who shall die leaving a family residing in this State, and his personal property to the value of $5,000.00, ...
• New Jersey Statutes 3B:16-6 Proof of inventory and exempt list
  The inventory of a personal representative which is to be filed, shall be proved by his oath that it is just and true, and by ...
• New Jersey Statutes 3B:16-7 Selection of property to be exempted
  From the completed inventory, the widow of the decedent, or his personal representative may select personal property to the value of $5,000.00 and a list ...
• New Jersey Statutes 3B:16-8 Inventory of guardian of the estate of a minor or mental incompetent
  Every guardian of the estate of a minor or mental incompetent may, and if required by the court shall, file with the surrogate of the ...
• New Jersey Statutes 3B:17-1 Fiduciary filing release by ward or cestui que trust
  A fiduciary need not render or settle his account if he files with the court a release or discharge from the beneficiary, ward or cestui ...
• New Jersey Statutes 3B:17-2 Accounts of personal representatives
  A personal representative may settle his account or be required to settle his account in the Superior Court. Unless for special cause shown, he shall ...
• New Jersey Statutes 3B:17-3 Accounts of guardians and trustees
  A guardian or trustee shall settle his account in the Superior Court at intervals as the court may require. A guardian or trustee may settle ...
• New Jersey Statutes 3B:17-4 Account and bond required of cofiduciary
  Upon good cause shown, the Superior Court may order each cofiduciary to account for all assets which may have come into his hands. The Superior ...
• New Jersey Statutes 3B:17-5 Account by representative of deceased fiduciary
  When a fiduciary dies without having filed an account or having fully settled and obtained an allowance of an account of the administration of the ...
• New Jersey Statutes 3B:17-6 Examination of accountant on exceptions to account
  On exceptions to an account of a fiduciary, the court or any party interested therein may examine the accountant, on oath, concerning the truth and ...
• New Jersey Statutes 3B:17-7 Statements or information regarding assets as part of account
  When, in an account, or in a complaint in an action for the settlement of an account, or in any writing annexed to the complaint ...
• New Jersey Statutes 3B:17-8 Effect of judgment allowing account
  A judgment allowing an account, including a guardian's intermediate account, after due notice, shall be res adjudicata as to all exceptions which could or might ...
• New Jersey Statutes 3B:17-9 Nontestamentary trustee defined
  As used in this article, "nontestamentary trustee" means any owner of real or personal property who holds title thereto subject to equitable duties to deal ...
• New Jersey Statutes 3B:17-10 Settling accounts in the Superior Court
  A nontestamentary trustee shall have the right, in addition to and not in limitation of any other remedy now or hereafter provided, from time to ...
• New Jersey Statutes 3B:17-11 Surrogate's fees
  The surrogate and the Clerk of the Superior Court shall receive for filing, auditing, and reporting to the court the accounts of nontestamentary trustees the ...
• New Jersey Statutes 3B:17-12 Fiduciary, receiver or assignee; rental of safe deposit box; expenses of safe-keeping of securities
  A fiduciary, receiver or assignee for the benefit of creditors may include as a part of the lawful expense of executing his trust a reasonable ...
• New Jersey Statutes 3B:17-13 Effect of nonjudicial settlement or waiver of account.
  81. Unless the governing instrument expressly provides otherwise, an instrument settling or waiving an account, executed by all persons whom it would ...
• New Jersey Statutes 3B:18-2 Commissions of nontestamentary trustee
  On the settlement of the account of a nontestamentary trustee, as defined in N.J.S. 3B:17-9, the court shall allow him the compensation as may have ...
• New Jersey Statutes 3B:18-3 Provision in will for specific compensation
  Where provision is made in a will for specific compensation to a fiduciary, the compensation shall be deemed full payment for services in lieu of ...
• New Jersey Statutes 3B:18-4 Disputes between fiduciaries as to apportionment
  When a difference arises between fiduciaries concerning the apportionment of commissions between them, the Superior Court shall determine the apportionment of commissions, having regard to ...
• New Jersey Statutes 3B:18-5 Fiduciary removed from office; forfeiture of commissions
  Where a fiduciary is removed for any cause, the Superior Court may direct that his commissions be forfeited. L.1981, c. 405, s. 3B:18-5, eff. May ...
• New Jersey Statutes 3B:18-6 Legal fees for attorney also serving as fiduciary
  If the fiduciary is a duly licensed attorney of this State and shall have performed professional services in addition to his fiduciary duties, the court ...
• New Jersey Statutes 3B:18-7 Annual statement relating to corpus commissions taken
  A trustee under a will or a guardian shall, within 60 days after the end of each tax year of the trust or guardianship furnish ...
• New Jersey Statutes 3B:18-8 Definitions
  As used in this article: a. "Fiduciary" means executor, administrator with the will annexed, substituted administrator with the will annexed, administrator, substituted administrator, or trustee ...
• New Jersey Statutes 3B:18-9 Additional compensation
  The court upon the settlement and allowance of a fiduciary's accounts, in addition to the compensation as may otherwise be allowable, may allow reasonable compensation ...
• New Jersey Statutes 3B:18-10 Notice to recipient of property
  The court shall prescribe the notice to be given to the recipient of the property of the fiduciary's application for additional compensation. L.1981, c. 405, ...
• New Jersey Statutes 3B:18-11 Manner of payment of additional compensation
  The additional compensation of the fiduciary shall be payable by the recipient of the property if the recipient is within the jurisdiction of the court, ...
• New Jersey Statutes 3B:18-12 Definition of fiduciary
  As used in this article "fiduciary" means personal representative and fiduciaries appointed under chapter 26 of this title for absentees. L.1981, c. 405, s. 3B:18-12, ...
• New Jersey Statutes 3B:18-13 Income commissions
  Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary. For the purposes of this section, ...
• New Jersey Statutes 3B:18-16 Corpus commissions; unusual or extraordinary services
  The court may, on an intermediate or the final settlement of the fiduciary's accounts, allow corpus commissions in addition to those hereinabove provided, on a ...
• New Jersey Statutes 3B:18-17 Taking annual amounts on account of corpus commissions
  Fiduciaries may annually, without court allowance, take sums as follows on account of corpus commissions: if there is but one fiduciary, the amount so taken ...
• New Jersey Statutes 3B:18-18 Value of assets for computing commissions taken annually
  In computing the amount of commissions which may be taken annually pursuant to N.J.S. 3B:18-17, the value of any item of corpus at the time ...
• New Jersey Statutes 3B:18-19 Failure to take commissions annually shall not constitute a waiver thereof
  The failure of a fiduciary to take commissions in any year as provided in N.J.S. 3B:18-17 shall not constitute a waiver of the right of ...
• New Jersey Statutes 3B:18-20 Corpus commissions taken annually subject to review
  Commissions taken as provided in N.J.S. 3B:18-17 shall be subject to review on intermediate and final accountings, and to the extent that aggregate commissions so ...
• New Jersey Statutes 3B:18-21 Burden of proving value
  In the event of a dispute as to the value of corpus on the settlement of the account of a fiduciary, the burden of proving ...
• New Jersey Statutes 3B:18-22 When rates for corpus commissions taken annually effective
  With respect to a fiduciary's annual corpus commissions, the rates set forth in this article shall apply for all yearly periods ending after February 29, ...
• New Jersey Statutes 3B:18-23 "Fiduciary" defined
  As used in this article "fiduciary" means a trustee acting under a will, a nontestamentary trustee as defined in N.J.S. 3B:17-9 or a guardian. L. ...
• New Jersey Statutes 3B:18-24 Income commissions
  Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary. For the purposes of this section, ...
• New Jersey Statutes 3B:18-25 Fiduciaries may take annual commissions on corpus
  3B:18-25. a. Fiduciaries may annually, without court allowance, take commissions on corpus (including accumulated income which has been invested by the fiduciary) in ...
• New Jersey Statutes 3B:18-25.1 Taking annual amount on accounts of corpus commissions: two or more fiduciaries
  Taking annual amount on accounts of corpus commissions: two or more fiduciaries. If there are two or more fiduciaries, the amount of the annual commissions ...
• New Jersey Statutes 3B:18-25.2 Powers of qualified bank; duties of agent
  12. a. Notwithstanding any law to the contrary, a qualified bank acting in any capacity authorized pursuant to section 28 of P.L.1948, c.67 ...
• New Jersey Statutes 3B:18-26 Failure to take commissions annually shall not constitute a waiver thereof
  The failure of a fiduciary to take commissions in any year shall not constitute a waiver by the fiduciary to take in a subsequent year ...
• New Jersey Statutes 3B:18-27 Commissions taken annually subject to review
  Commissions taken as provided in N.J.S. 3B:18-25 shall be subject to review on intermediate and final accountings, and to the extent that aggregate commissions so ...
• New Jersey Statutes 3B:18-28 Corpus commissions on termination of trust, guardianship or upon distribution of assets
  In addition to the annual commissions on corpus, upon termination of the trust or guardianship, or upon distribution of assets from the trust or guardianship, ...
• New Jersey Statutes 3B:18-29 Corpus commissions; unusual or extraordinary services
  The court may, on an intermediate or the final settlement of fiduciaries' accounts, allow corpus commissions in addition to those provided in this article, on ...
• New Jersey Statutes 3B:18-30 Burden of proving value
  In the event of a dispute as to the value of corpus on the settlement of the account of a fiduciary, the burden of proving ...
• New Jersey Statutes 3B:18-31 Authorization in testator's will as to commissions exceeding legal rates
  No commissions in excess of those authorized in this article shall be paid to a fiduciary acting as a trustee under a will unless the ...
• New Jersey Statutes 3B:18-32 When rates for corpus commissions taken annually effective
  With respect to fiduciaries' annual corpus commissions, the rates set forth in this article shall apply for all annual periods ending after February 29, 1980. ...
• New Jersey Statutes 3B:18-33 When rates of corpus commissions on termination of trusts or guardianship effective
  With respect to the computation of corpus commissions pursuant to N.J.S. 3B:18-28 as to all corpus held by a fiduciary on February 29, 1980, the ...
• New Jersey Statutes 3B:19B-1 Short title
  1. Short Title. This act shall be known and may be cited as the "Uniform Principal and Income Act of 2001." ...
• New Jersey Statutes 3B:19B-2 Definitions
  2. Definitions. As used in this act: "Accounting period" means a calendar year unless another 12-month period is selected by ...
• New Jersey Statutes 3B:19B-3 Fiduciary duties; general principles
  3. Fiduciary Duties; General Principles. a. In allocating receipts and disbursements to or between principal and income, and with respect to any ...
• New Jersey Statutes 3B:19B-4 Trustee's power to adjust.
  4. Trustee's Power to Adjust. a. A trustee may adjust between principal and income if the terms of the ...
• New Jersey Statutes 3B:19B-5 Determination and distribution of net income
  5. Determination and Distribution of Net Income. After a decedent dies, in the case of an estate or after an income interest ...
• New Jersey Statutes 3B:19B-6 Distribution to residuary and remainder beneficiaries
  6. Distribution to Residuary and Remainder Beneficiaries. a. Each beneficiary described in subsection d. of section 5 of this act is entitled ...
• New Jersey Statutes 3B:19B-7 When right to income begins and ends
  7. When Right to Income Begins and Ends. a. An income beneficiary is entitled to net income from the date ...
• New Jersey Statutes 3B:19B-8 Apportionment of receipts and disbursements when decedent dies or income interest begins
  8. Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins. a. A trustee shall allocate an income receipt or ...
• New Jersey Statutes 3B:19B-9 Apportionment when income interest ends
  9. Apportionment When Income Interest Ends. a. As used in this section, "undistributed income" means net income received before the date on ...
• New Jersey Statutes 3B:19B-10 Character of receipts
  10. Character of Receipts. a. As used in this section, "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate ...
• New Jersey Statutes 3B:19B-11 Distribution from trust or estate
  11. Distribution from Trust or Estate. A trustee shall allocate to income an amount received as a distribution of income from a trust ...
• New Jersey Statutes 3B:19B-12 Business and other activities conducted by trustee
  12. Business and Other Activities Conducted by Trustee. a. If a trustee who conducts a business or other activity determines that it is ...
• New Jersey Statutes 3B:19B-13 Principal receipts
  13. Principal Receipts. A trustee shall allocate to principal: a. To the extent not allocated to income under this act, ...
• New Jersey Statutes 3B:19B-14 Rental property
  14. Rental Property. To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate ...
• New Jersey Statutes 3B:19B-15 Obligation to pay money
  15. Obligation to Pay Money. a. An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation ...
• New Jersey Statutes 3B:19B-16 Insurance policies and similar contracts
  16. Insurance Policies and Similar Contracts. a. Except as otherwise provided in subsection b. of this section, a trustee shall allocate to principal ...
• New Jersey Statutes 3B:19B-17 Deferred compensation, retirement benefits, annuities, and similar payments
  17. Deferred Compensation, Retirement Benefits, Annuities, and Similar Payments. a. As used in this section, "payment" means a payment that a trustee may ...
• New Jersey Statutes 3B:19B-18 Liquidating asset
  18. Liquidating Asset. a. As used in this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset ...
• New Jersey Statutes 3B:19B-19 Minerals, water and other natural resources
  19. Minerals, Water and Other Natural Resources. a. To the extent that a trustee accounts for receipts from an interest in minerals or ...
• New Jersey Statutes 3B:19B-20 Timber
  20. Timber. a. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this ...
• New Jersey Statutes 3B:19B-21 Property not productive of income
  21. Property Not Productive of Income. a. If a marital deduction is allowed for all or part of a trust whose assets consist ...
• New Jersey Statutes 3B:19B-22 Derivatives and options
  22. Derivatives and Options. a. As used in this section, "derivative" means a contract or financial instrument or a combination of contracts and ...
• New Jersey Statutes 3B:19B-23 Asset-backed securities
  23. Asset-backed Securities. a. As used in this section, "asset-backed security" means an asset whose value is based upon the right it gives ...
• New Jersey Statutes 3B:19B-24 Disbursements from income
  24. Disbursements from Income. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which ...
• New Jersey Statutes 3B:19B-25 Disbursements from principal
  25. Disbursements from Principal. a. A trustee shall make the following disbursements from principal: (1) commissions allowed by law to ...
• New Jersey Statutes 3B:19B-26 Transfers from income to principal for depreciation
  26. Transfers from Income to Principal for Depreciation. a. As used in this section, "depreciation" means a reduction in value ...
• New Jersey Statutes 3B:19B-27 Transfer from income to reimburse principal
  27. Transfer from Income to Reimburse Principal. a. If a trustee makes or expects to make a principal disbursement described in this section, ...
• New Jersey Statutes 3B:19B-28 Income taxes
  28. Income Taxes. a. A tax required to be paid by a trustee based on receipts allocated to income shall be paid from ...
• New Jersey Statutes 3B:19B-29 Uniformity of application and construction
  29. Uniformity of Application and Construction. In applying and construing this act, consideration shall be given to the fact that this is a ...
• New Jersey Statutes 3B:19B-30 Application of act to existing and future trusts and estates
  30. Application of Act to Existing and Future Trusts and Estates. This act applies to every trust or decedent's estate existing on or ...
• New Jersey Statutes 3B:19B-31 Judicial control of discretionary powers
  31. Judicial Control of Discretionary Powers. a. A court shall not change a fiduciary's decision to exercise or not to exercise a discretionary ...
• New Jersey Statutes 3B:20-1 Definitions
  3B:20-1. Definitions. As used in this chapter: a. "Trust instrument" means and includes a will, deed, agreement, court order or other ...
• New Jersey Statutes 3B:20-3 Corporate fiduciary may register securities in name of nominee without disclosing fiduciary capacity
  Any bank may, when acting as sole fiduciary or when acting as cofiduciary, with the consent of a cofiduciary or cofiduciaries, cause any certificates for ...
• New Jersey Statutes 3B:20-4 Corporate fiduciary liable for loss caused by acts of nominee
  The fiduciary or fiduciaries shall be liable for any loss caused by the acts of the nominee with respect to securities registered as provided in ...
• New Jersey Statutes 3B:20-5 Limitation on authority to register securities in name of nominee
  A fiduciary or fiduciaries may not register securities in the name of a nominee where any will, trust instrument or any order appointing or relating ...
• New Jersey Statutes 3B:20-7 Directions of court concerning the sale, conversion or retention of investments
  3B:20-7. Directions of court concerning the sale, conversion or retention of investments. When securities or other property come into possession of a fiduciary ...
• New Jersey Statutes 3B:20-8 Protection afforded fiduciary continuing investments under court order
  3B:20-8. Protection afforded fiduciary continuing investments under court order. A fiduciary shall not be held accountable for any loss by reason of continuing ...
• New Jersey Statutes 3B:20-9 Application to court upon change in conditions
  3B:20-9. Application to court upon change in conditions. If, as a result of a change in conditions which occurs or which may be ...
• New Jersey Statutes 3B:20-10 Investments by court order upon change in conditions
  3B:20-10. Investments by court order upon change in conditions. If the court finds that by reason of a change in conditions which has ...
• New Jersey Statutes 3B:20-11.1 Short title
  1. Sections 1 through 12 of this 1997 amendatory and supplementary act shall be known and may be cited as the "Prudent Investor ...
• New Jersey Statutes 3B:20-11.2 Compliance by fiduciary with prudent investor rule
  2. a. Except as provided in subsection b. of this section, a fiduciary who invests and manages trust assets owes a duty to ...
• New Jersey Statutes 3B:20-11.3 Investments, management of trust assets by fiduciary
  3. a. A fiduciary shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and ...
• New Jersey Statutes 3B:20-11.4 Diversification of investments
  4. A fiduciary shall diversify the investments of the trust unless the fiduciary reasonably determines that, because of special circumstances, the purposes of ...
• New Jersey Statutes 3B:20-11.5 Assets to be managed in interest of beneficiaries
  5. A fiduciary shall invest and manage the trust assets solely in the interest of the beneficiaries. L.1997,c.26,s.5. ...
• New Jersey Statutes 3B:20-11.6 Impartiality of fiduciary
  6. If a trust has two or more beneficiaries, the fiduciary shall act impartially in investing and managing the trust assets, taking into ...
• New Jersey Statutes 3B:20-11.7 Review of trust assets
  7. Within six months after accepting trust assets, the fiduciary shall review the trust assets and shall make and implement decisions concerning the ...
• New Jersey Statutes 3B:20-11.8 Incurrence of costs by fiduciary
  8. In investing and managing trust assets, a fiduciary may only incur costs that are appropriate and reasonable in relation to the assets, ...
• New Jersey Statutes 3B:20-11.9 Rule expresses standard of conduct
  9. The prudent investor rule expresses a standard of conduct, not outcome. Compliance with the rule is determined in light of the facts ...
• New Jersey Statutes 3B:20-11.10 Delegation of investment, management functions by fiduciary
  10. a. A fiduciary may delegate investment and management functions that a prudent fiduciary of comparable skills could properly delegate under the circumstances. ...
• New Jersey Statutes 3B:20-11.11 Construction of terms
  11. The following terms or comparable language in a trust instrument, unless otherwise limited or modified by that instrument, shall be construed as ...
• New Jersey Statutes 3B:20-11.12 Applicability of act
  12. This act shall apply to and govern trusts existing on and created after its effective date. As applied to trusts existing on ...
• New Jersey Statutes 3B:20-18 Authority to exchange or convert securities
  3B:20-18. Authority to exchange or convert securities. Except as otherwise provided in the trust instrument, a fiduciary who holds securities in a trust ...
• New Jersey Statutes 3B:20-19 Fiduciary as issuing corporation
  3B:20-19. Fiduciary as issuing corporation. An exchange or conversion of securities may be made pursuant to this article notwithstanding that the fiduciary which ...
• New Jersey Statutes 3B:20-21 Definitions
  As used in this article: a. "Banking institution" includes State chartered banks and national banking associations; b. "Bank holding company" means a bank holding company ...
• New Jersey Statutes 3B:20-22 Authority to exchange or convert
  When a bank holding company which is a corporation acquires 80% or more of the outstanding capital stock of a banking institution, any shares of ...
• New Jersey Statutes 3B:20-23 Banking institution acting as fiduciary
  3B:20-23. Banking institution acting as fiduciary. An exchange or conversion of shares may be made pursuant to this article notwithstanding that the fiduciary ...
• New Jersey Statutes 3B:20-25 Application of article
  3B:20-25. Application of article. This article shall not apply where a trust instrument contains provisions inconsistent with or contrary to the provisions of ...
• New Jersey Statutes 3B:20-26 Short title
  This article shall be known and may be cited as the "Clearing Corporation Deposit Law of 1973." L.1981, c. 405, s. 3B:20-26, eff. May 1, ...
• New Jersey Statutes 3B:20-27 Definitions
  3B:20-27. Definitions. As used in this article: a. (Deleted by amendment, P.L.1997, c.26). b. "Securities" means instruments which are ...
• New Jersey Statutes 3B:20-28 Deposit of securities by fiduciary
  Notwithstanding any other provision of law, a fiduciary holding securities in a trust estate, or any banking institution holding securities as a custodian or managing ...
• New Jersey Statutes 3B:20-29 Merger of certificates deposited
  When securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name ...
• New Jersey Statutes 3B:20-30 Records of securities deposited
  The records of the fiduciary and the records of a banking institution acting as custodian, as managing agent or as custodian for a fiduciary, shall ...
• New Jersey Statutes 3B:20-31 Transfer of ownership in securities deposited
  Ownership of, and other interests in, securities deposited may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of ...
• New Jersey Statutes 3B:20-32 Rules and regulations governing banking institutions
  A banking institution depositing securities pursuant to this article shall be subject to rules and regulations as, in the case of State chartered institutions the ...
• New Jersey Statutes 3B:20-33 Certification of securities deposited
  A banking institution acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary securities deposited by the ...
• New Jersey Statutes 3B:20-34 Application of article
  3B:20-34. Application of article. This article shall apply to any fiduciary holding securities in its fiduciary capacity, and to any banking institution holding ...
• New Jersey Statutes 3B:20-35 Construction of article
  Nothing contained in this article shall be construed as relieving a fiduciary depositing securities as authorized herein from the duty to account for all securities ...
• New Jersey Statutes 3B:21-1 Removal of property from the State
  When a ward or a cestui que trust, or all the cestuis que trustent in esse, is or, all of them, are nonresidents of this ...
• New Jersey Statutes 3B:21-2 Meaning of term "personal property"
  The term "personal property" as used in this chapter shall include, but without limitation, property or money or any devise or distributive share, interest, trust ...
• New Jersey Statutes 3B:21-3 Proof of authority of, and giving of security by, guardian or trustee
  In any action brought pursuant to N.J.S. 3B:21-1, the court shall be satisfied by proof that the guardian or trustee is authorized and qualified to ...
• New Jersey Statutes 3B:21-4 When removal will be denied
  Property belonging to any cestui que trust or ward shall not be removed or transferred where it would conflict with the terms, limitations or conditions ...
• New Jersey Statutes 3B:21-5 Effect of judgment for removal and transfer
  The delivery, transfer or payment of property or money pursuant to a judgment entered in accordance with this chapter shall be a legal discharge and ...
• New Jersey Statutes 3B:22-1 Waiver of statutes of limitations
  Unless an estate is insolvent the personal representative may, but only with the consent of all successors, waive any defense of limitations available to the ...
• New Jersey Statutes 3B:22-2 Order of priority of claims when assets insufficient.
  3B:22-2. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in ...
• New Jersey Statutes 3B:22-3 Abatement for purpose of paying claims and debts.
  3B:22-3. The property of a decedent's estate shall abate for the purposes of paying debts and claims in the order prescribed in N.J.S.3B:23-12. ...
• New Jersey Statutes 3B:22-4 Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution.
  3B:22-4. Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying ...
• New Jersey Statutes 3B:22-5 Liquidated claims payable in future
  A liquidated claim, not due and payable, but payable in the future, may be presented for allowance, a reasonable rebate of interest being made when ...
• New Jersey Statutes 3B:22-6 Payment of claim not legally presented; effect; allowance in personal representative's account
  If a personal representative in good faith pays a claim presented to him which is not verified as required, and, on or before final accounting, ...
• New Jersey Statutes 3B:22-7 Allowance or rejection of claims within 3 months
  Within 3 months after the presentation to him of a claim, the personal representative shall allow or dispute it or allow it in part and ...
• New Jersey Statutes 3B:22-8 Commencement of action by creditor on disputed claim within 3 months after notice
  Within 3 months after receiving notice that a claim or a part of it has been disputed, the creditor shall commence an action to recover ...
• New Jersey Statutes 3B:22-10 Presentation of claim
  Where the assets of an estate exceed the amount needed to pay claims presented within the time limited pursuant to N.J.S. 3B:22-4, a claimant, who ...
• New Jersey Statutes 3B:22-11 Acceptance or rejection of claim
  The personal representative shall, if satisfied that the claim is correct and should be paid, pay the claim or so much thereof as the amount ...
• New Jersey Statutes 3B:22-12 Action on unrejected claim
  If a personal representative fails to pay a claim presented pursuant to N.J.S. 3B:22-11, the claimant may bring an action against the personal representative to ...
• New Jersey Statutes 3B:22-13 Failure to sue after notice to perfect claim; claim debarred
  If a creditor fails to commence an action upon his claim within 1 month after being notified to establish the claim by judgment, as provided ...
• New Jersey Statutes 3B:22-14 Direction of court before paying claims not presented within 9-month period.
  3B:22-14. Direction of court before paying claims not presented within 9-month period. A personal representative may not be compelled to pay ...
• New Jersey Statutes 3B:22-15 Failure to file refunding bond; presumption that devise or distributive share remains unpaid
  In an action by a creditor against a personal representative, for the payment of a ratable proportion of his debt, it shall be presumed that ...
• New Jersey Statutes 3B:22-16 Action upon refunding bond of devisee or heir
  A claimant against an estate who has failed to present his claim in due form within the time required, may bring an action in his ...
• New Jersey Statutes 3B:22-17 Defense to action on fiduciary's bond in certain cases
  A fiduciary, who has received a devise or distributive share from a personal representative and has given a refunding bond therefor, may set up in ...
• New Jersey Statutes 3B:22-18 Action on refunding bond of ultimate devisee or heir
  A creditor may sue on a bond taken by a fiduciary pursuant to N.J.S. 3B:22-17, in the same manner and with like effect as if ...
• New Jersey Statutes 3B:22-19 Assets being administered here subject to claims established wherever personal representative appointed
  All assets of estates being administered in this State are subject to all claims and charges existing or established against the personal representative wherever appointed. ...
• New Jersey Statutes 3B:22-20 Payment of claims where assets insufficient
  If the estate either in this State or as a whole is insufficient to cover all claims and prior charges, each claimant whose claim has ...
• New Jersey Statutes 3B:22-21 Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative
  In case the claims and prior charges of the entire estate exceed the total value of the portions of the estate being administered separately and ...
• New Jersey Statutes 3B:22-22 Real property liable only 1 year for debts
  The real property of any person who shall die seized thereof or entitled thereto shall be and remain liable for the payment of his debts ...
• New Jersey Statutes 3B:22-23 Time not extended by general words in will
  The period of 1 year fixed in N.J.S. 3B:22-22, shall not be deemed to be extended by any directions in a will that just debts ...
• New Jersey Statutes 3B:22-24 Article not to affect liability of heirs or devisees
  Nothing contained in this article shall affect any liability of heirs and devisees under article 8 of this chapter. L.1981, c. 405, s. 3B:22-24, eff. ...
• New Jersey Statutes 3B:22-25 Sale of property subject to escheat to pay debts
  In any case where property may be subject to escheat to the State, proceedings to sell the property to pay debts may be taken as ...
• New Jersey Statutes 3B:22-26 Direction of court as to sale
  If it shall appear to the satisfaction of the court that property of which a decedent died seized or possessed is subject to escheat to ...
• New Jersey Statutes 3B:22-27 Estate passed by sale or conveyance
  A sale or conveyance of property directed to be sold by the court, as provided in N.J.S. 3B:22-26, when made by a personal representative, shall ...
• New Jersey Statutes 3B:22-28 Effect of confirmation
  When property is sold pursuant to N.J.S. 3B:22-26 and the sale is confirmed by the court directing the sale, the judgment or order confirming the ...
• New Jersey Statutes 3B:22-29 Accounting; surplus from sale payable to State Treasurer
  After accounting duly made by the personal representative and after the payment of debts and just expenses, fees and commissions of every sort, if no ...
• New Jersey Statutes 3B:22-30 Distribution by State Treasurer; proof of claim required of claimants
  After payment to the State Treasurer, no distribution of the surplus shall be made to any heir or other person interested in the property from ...
• New Jersey Statutes 3B:22-31 Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee
  After the State Treasurer has made payment to any person or persons in accordance with the declaratory judgment, as provided in N.J.S. 3B:22-30, no recovery ...
• New Jersey Statutes 3B:22-32 Distribution among creditors to be pro rata; preferred debts excepted
  If the estate of a decedent is insufficient to pay his debts, his estate shall be applied to the preferred expenses and debts in accordance ...
• New Jersey Statutes 3B:22-33 Claims not presented in time barred; exception; extension of time
  If an estate is adjudged insolvent, any creditor who fails to exhibit his claim to the personal representative within the time limited and prescribed by ...
• New Jersey Statutes 3B:22-34 Authority of court to pass upon claims against the estate and upon amount and value of estate
  In an action to have an estate adjudged insolvent, the court may adjudicate upon and determine the amount and value of the estate and the ...
• New Jersey Statutes 3B:22-35 Judgment of insolvency; sale of assets
  If upon an adjudication and determination, it appears to the court that the estate is insufficient to pay the debts, or whenever it appears to ...
• New Jersey Statutes 3B:22-36 Proceeds; distribution
  Proceeds of the estate which come to the hands of the personal representative shall be distributed under direction of the court, from time to time, ...
• New Jersey Statutes 3B:22-37 Residue after debts to go to heirs or devisees
  If full payment of debts and claims is made, and there remains a residue, the residue shall be divided among the heirs of an intestate ...
• New Jersey Statutes 3B:22-38 Certain actions against personal representative saved
  Nothing contained in this article shall prevent a person from maintaining an action against the personal representative for, or in respect of, waste or misapplication ...
• New Jersey Statutes 3B:22-39 "Heirs and devisees" defined.
  3B:22-39. As used in this article, heirs and devisees shall include the heirs and devisees of a deceased debtor and the heirs and ...
• New Jersey Statutes 3B:22-40 Heirs and devisees liable for debt of decedent
  Every creditor, whether by simple contract or specialty, and whether or not the heirs or devisees are mentioned therein, shall have and may maintain by ...
• New Jersey Statutes 3B:22-41 Joinder of parties
  The action shall be brought against all of the heirs and devisees of the deceased debtor who can be found within the State. L.1981, c. ...
• New Jersey Statutes 3B:22-42 General judgment; special judgment
  If the debt be found due, the judgment against any heir or devisee shall be general for the full amount found due, unless the heir ...
• New Jersey Statutes 3B:22-43 Liability in case of sale or transfer of estate
  In the event an estate descended or devised to any heir or devisee has been bona fide sold or transferred prior to the commencement of ...
• New Jersey Statutes 3B:22-44 Contribution between heirs and devisees liable
  Contribution between heirs and devisees liable under this article may be had as heretofore. L.1981, c. 405, s. 3B:22-44, eff. May 1, 1982. ...
• New Jersey Statutes 3B:23-1 Distribution of assets in kind
  Except where a will authorizes distribution to be made in cash or in kind, the distributable assets of an intestate's estate or testator's estate shall ...
• New Jersey Statutes 3B:23-2 Valuation of assets
  For the purpose of valuation under subsection b. of N.J.S. 3B:23-1 securities regularly traded on recognized exchanges, if distributed in kind, are valued at the ...
• New Jersey Statutes 3B:23-3 Method of distribution
  If the personal representative of either a testate or an intestate estate has, in the exercise of good faith and reasonable discretion, continued to hold ...
• New Jersey Statutes 3B:23-4 Proposal of distribution; contents; time to object
  After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have ...
• New Jersey Statutes 3B:23-5 Instrument of distribution
  If distribution in kind is made, the personal representative may and, if requested, shall execute an instrument or deed of distribution assigning, transferring or releasing ...
• New Jersey Statutes 3B:23-6 Proof of delivery of instrument of distribution conclusive evidence of distributee's receipt of assets; exception
  Proof that a distributee has received an instrument or deed of distribution of assets in kind or payment in distribution, from a personal representative, is ...
• New Jersey Statutes 3B:23-7 Protection of purchaser from or lender to distributee
  If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has ...
• New Jersey Statutes 3B:23-8 Partition for purpose of distribution
  When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal ...
• New Jersey Statutes 3B:23-9 Agreement among successors binding on personal representative
  Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they ...
• New Jersey Statutes 3B:23-10 Distribution to guardian
  A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to the guardian of his estate. L.1981, c. ...
• New Jersey Statutes 3B:23-11 Interest on general pecuniary devise
  Interest on general pecuniary devise. General pecuniary devises shall bear interest beginning one year after the first appointment of a personal representative until payment, unless ...
• New Jersey Statutes 3B:23-12 Abatement generally.
  3B:23-12. Except as provided in N.J.S.3B:23-14 and except as provided in connection with the share of a surviving spouse who elects to take ...
• New Jersey Statutes 3B:23-13 General devise charged upon specific property or fund
  For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of ...
• New Jersey Statutes 3B:23-14 Where will expresses order of abatement
  If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated ...
• New Jersey Statutes 3B:23-15 Abatement where subject of specific devise sold
  If the subject of a specific devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, ...
• New Jersey Statutes 3B:23-16 Distribution by order of court
  When the account of a personal representative has been allowed by court, the court may direct just distribution, in accordance with the provisions of the ...
• New Jersey Statutes 3B:23-17 Judgment for distribution
  When the account of a personal representative has been allowed by court, the court may direct just distribution of the property whereof a decedent died ...
• New Jersey Statutes 3B:23-18 Distribution; when made
  Distribution of the property of an intestate shall not be made until 1 year after the granting of administration unless an order to limit creditors ...
• New Jersey Statutes 3B:23-19 Order for filing claims of unknown distributees
  3B:23-19. Order for filing claims of unknown distributees. a. When it appears in an action for the distribution of the ...
• New Jersey Statutes 3B:23-21 Unclaimed estate assets
  3B:23-21. Unclaimed estate assets. When a fiduciary states his final account and there remains in his hands a balance, devise, distributive share, dividend ...
• New Jersey Statutes 3B:23-22 Deposit in court of money or other property of devisee, heir or beneficiary of trust in certain cases
  Where it shall appear that a devisee, heir or beneficiary of a trust would not have the benefit or use or control of the money ...
• New Jersey Statutes 3B:23-23 Letters of trusteeship required before transfer to trustee
  It shall be unlawful for any fiduciary to transfer, pay over or distribute any devise, distributive share or part of the estate or trust in ...
• New Jersey Statutes 3B:23-24 Refunding bond of devisee or distributee
  A personal representative shall, on paying a devise or distributive share or on delivering an instrument of distribution to the person entitled, take a refunding ...
• New Jersey Statutes 3B:23-25 Amount of bond; form
  The bond required under N.J.S. 3B:23-24 or N.J.S. 3B:23-33 shall be in the amount or value of the devise or allotted distributive share and shall ...
• New Jersey Statutes 3B:23-26 Condition of devisee's bond
  The bond of a devisee shall be conditioned substantially as follows: That if any part or the whole of the devise shall at any time ...
• New Jersey Statutes 3B:23-27 Condition of distributee's bond
  The bond of a distributee shall be conditioned substantially as follows: That if any debt or debts, truly owing by the intestate, shall be afterwards ...
• New Jersey Statutes 3B:23-28 Bonds required of holders of determinable interests; in general
  A personal representative shall not be compelled to pay or deliver personal property devised for life, for a term of years or for any other ...
• New Jersey Statutes 3B:23-29 Bond when remainderman is lineal descendant of holder of determinable estate
  Where the person next immediately in remainder is a lineal descendant of the holder of the determinable interest referred to in N.J.S. 3B:23-28, the holder ...
• New Jersey Statutes 3B:23-30 Bond when the personal representative is holder of a determinable estate
  When the personal representative is the holder of a determinable interest referred to in N.J.S. 3B:23-28, he shall, before receiving the personal property into his ...
• New Jersey Statutes 3B:23-31 Actions for distributive shares
  If a personal representative fails to pay a distributive share to a person thereto entitled under a judgment made pursuant to N.J.S. 3B:23-17, that person ...
• New Jersey Statutes 3B:23-32 Limitations on enforcement of devise
  Nothing in N.J.S. 3B:23-33 to N.J.S. 3B:23-35 shall be so construed as to permit the enforcement of a devise to the prejudice of creditors of ...
• New Jersey Statutes 3B:23-33 Action for devise
  A devisee may bring an action in the Superior Court for his devise. L.1981, c. 405, s. 3B:23-33, eff. May 1, 1982. ...
• New Jersey Statutes 3B:23-34 Conditions precedent to suit for devise
  An action to recover a devise may not be maintained until: a. The devise becomes due and payable; b. Reasonable demand for payment is made ...
• New Jersey Statutes 3B:23-35 Extent of recovery
  If it appears in the action that the surplus of assets in the possession of the personal representative over debts of the testator, is sufficient ...
• New Jersey Statutes 3B:23-36 Plea of want of assets; procedure
  If want of assets to pay debts and devises is pleaded in the action and if the account of the personal representative has not been ...
• New Jersey Statutes 3B:23-37 Apportionment of certain real estate to pay devise
  When a devise, payable on a contingency which has not happened, is or may become a charge, at law or in equity, on real estate ...
• New Jersey Statutes 3B:23-38 Effect of apportionment; filing and recording papers
  If the court approves the partition, the real estate so set apart shall become charged or chargeable with the contingent devise, and the residue of ...
• New Jersey Statutes 3B:23-39 Deposit with court; effect
  When a devise charged by will upon real estate is wholly or in part limited over: a. To infants, mental incompetents or persons not in ...
• New Jersey Statutes 3B:23-40 Payment of interest on moneys deposited
  When moneys are ordered to be paid into court pursuant to N.J.S. 3B:23-39, the interest thereof, or any part of the interest as the court ...
• New Jersey Statutes 3B:23-41 Return of devise pro rata
  Where there are several devisees and a return of part of a devise shall afterwards appear necessary, each devisee shall only be compelled to return ...
• New Jersey Statutes 3B:23-42 Distribution of nonresident decedent's estate
  The estate of a nonresident decedent being administered by a personal representative appointed in this State shall, if there is a personal representative of the ...
• New Jersey Statutes 3B:23-43 Right of retainer
  The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against ...
• New Jersey Statutes 3B:24-1 Definitions
  As used in this chapter: a. "The tax" means all taxes finally determined to be due and payable by a fiduciary, under the laws of ...
• New Jersey Statutes 3B:24-2 Apportionment of tax among fiduciary and transferees interested in gross tax estate
  Whenever a fiduciary has paid or may be required to pay an estate tax under any law of the State of New Jersey or of ...
• New Jersey Statutes 3B:24-3 Apportionment of tax where temporary interest is created
  Where a trust is created, or other provision made in any nontestamentary instrument whereby any person is given an interest in income, or an estate ...
• New Jersey Statutes 3B:24-4 Apportionment of tax to transferees in absence of directions to contrary.
  3B:24-4. Apportionment of tax to transferees in absence of directions to contrary. In the absence of directions to the contrary: ...
• New Jersey Statutes 3B:24-5 Limitation on direction for apportionment or nonapportionment of tax
  Any direction as to apportionment or nonapportionment of the tax, whether contained in a will or in a nontestamentary instrument, shall be limited in its ...
• New Jersey Statutes 3B:24-6 Recovery by fiduciary from transferees or others in possession of property included in tax
  In all cases in which any property required to be included in the gross tax estate does not come into the possession of the fiduciary, ...
• New Jersey Statutes 3B:24-7 Transfer or distribution of property; duties and liabilities of fiduciary
  A person acting in a fiduciary capacity shall not be required to transfer, pay over or distribute to any person, other than the fiduciary charged ...
• New Jersey Statutes 3B:24-8 Jurisdiction of Superior Court
  The Superior Court in a summary action or other action, including any action for the settlement of an account of the fiduciary, may apportion the ...
• New Jersey Statutes 3B:25-1 Nonexoneration of property subject to mortgage or security interest; exception.
  3B:25-1. Nonexoneration of property subject to mortgage or security interest; exception. When property subject to a mortgage or security interest descends ...
• New Jersey Statutes 3B:26-1 Definition of absent person
  As used in this chapter, an absent person means any person who has disappeared, or been confined or detained by a foreign power. L.1981, c. ...
• New Jersey Statutes 3B:26-2 Appointment of trustee for absent person; general duties and powers
  If an absent person has property in this State, which property may be wasted or dissipated unless proper management is provided, or where funds are ...
• New Jersey Statutes 3B:26-3 Distribution or other disposition of property
  Distribution or any other disposition of the property of an absent person may be made under direction of the court when he is presumed dead ...
• New Jersey Statutes 3B:26-4 Powers, duties and responsibilities of trustee or court
  The trustee shall have all the powers, duties and responsibilities of a guardian of the estate of a minor, and the court shall have all ...
• New Jersey Statutes 3B:27-1 Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.
  3B:27-1. Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event. a. A resident or nonresident of ...
• New Jersey Statutes 3B:27-2 Restoration and recovery of property upon reappearance of absentee.
  If an estate or property has been received, recovered or taken into possession by any person by reason of a declaration of death ...
• New Jersey Statutes 3B:27-3 Protection of personal representative or trustee making distribution
  A personal representative or trustee who pays over or delivers a devise, distributive share or any interest in property held in trust, to which a ...
• New Jersey Statutes 3B:27-4 Real estate transaction in which an absentee has an interest; title
  If an absentee, a resident or nonresident of New Jersey, shall be, by virtue of this chapter, declared dead by any court of competent jurisdiction ...
• New Jersey Statutes 3B:27-5 Absentee later proved alive entitled to proceeds of transaction
  If an absentee should later be proved to have been alive at the time of a transaction referred to in N.J.S. 3B:27-4, then he or ...
• New Jersey Statutes 3B:27-6 Action to be brought in Superior Court.
  3B:27-6. Action to be brought in Superior Court. a. The Superior Court may declare the absentee dead, if it is satisfied that the ...
• New Jersey Statutes 3B:28-1 Estates of dower and curtesy prior to May 28, 1980.
  3B:28-1. Estates of dower and curtesy prior to May 28, 1980. The widow or widower, whether alien or not, of an ...
• New Jersey Statutes 3B:28-2 No right of dower or curtesy created on or after May 28, 1980.
  3B:28-2. No right of dower or curtesy created on or after May 28, 1980. No right of dower or curtesy in ...
• New Jersey Statutes 3B:28-3 Right of joint possession of principal matrimonial residence where no dower or curtesy applies; alienation.
  3B:28-3. Right of joint possession of principal matrimonial residence where no dower or curtesy applies; alienation. a. During life every ...
• New Jersey Statutes 3B:28-3.1 Joint occupancy of principal matrimonial residence; mortgage lien.
  3B:28-3.1. Joint occupancy of principal matrimonial residence; mortgage lien. The right of joint possession to the principal matrimonial residence as provided in N.J.S.3B:28-3 ...
• New Jersey Statutes 3B:28-4 N.J.S. 3A:16-16 saved from repeal
  N.J.S. 3A:16-16 is saved from repeal. This section provides that the court may order real property sold by a fiduciary to be sold free from ...
• New Jersey Statutes 3B:28-5 N.J.S. 3A:16-17 saved from repeal
  N.J.S. 3A:16-17 is saved from repeal. This section provides for the manner in which compensation shall be paid to the dower or curtesy holder where ...
• New Jersey Statutes 3B:28-6 N.J.S. 3A:25-12 saved from repeal
  N.J.S. 3A:25-12 is saved from repeal. This section provides for the manner in which the proceeds of the sale of real property sold by judgment ...
• New Jersey Statutes 3B:28-7 N.J.S. 3A:35-3 saved from repeal
  N.J.S. 3A:35-3 is saved from repeal. This section provides that title to real estate vested in a trustee is not subject to dower or curtesy. ...
• New Jersey Statutes 3B:28-8 N.J.S. 3A:35-4 saved from repeal
  N.J.S. 3A:35-4 is saved from repeal. This section grants to a widow or widower the right to remain in the mansion house until dower or ...
• New Jersey Statutes 3B:28-9 N.J.S. 3A:36-1 saved from repeal
  N.J.S. 3A:36-1 is saved from repeal. This section provides that a widow or widower may recover damages when it is necessary to institute an action ...
• New Jersey Statutes 3B:28-10 N.J.S. 3A:36-2 saved from repeal
  N.J.S. 3A:36-2 is saved from repeal. This section provides where and by whom an action may be commenced to admeasure dower or curtesy. L.1981, c. ...
• New Jersey Statutes 3B:28-11 N.J.S. 3A:36-3 saved from repeal
  N.J.S. 3A:36-3 is saved from repeal. As provided in this section, the court may direct sale as in partition of real estate where dower or ...
• New Jersey Statutes 3B:28-12 N.J.S. 3A:36-4 saved from repeal
  N.J.S. 3A:36-4 is saved from repeal. Under this section, if real estate, subject to an inchoate right of dower or curtesy, is sold by a ...
• New Jersey Statutes 3B:28-13 N.J.S. 3A:36-5 saved from repeal
  N.J.S. 3A:36-5 is saved from repeal. Upon dower or curtesy becoming consummate after admeasurement under N.J.S. 3A:36-4, the widow or widower shall have the portion ...
• New Jersey Statutes 3B:28-14 N.J.S. 3A:37-1 saved from repeal
  N.J.S. 3A:37-1 is saved from repeal. Under this section, a devise by a decedent to his or her spouse for life or otherwise is deemed ...
• New Jersey Statutes 3B:28-15 N.J.S. 3A:37-2 saved from repeal
  N.J.S. 3A:37-2 is saved from repeal. This section provides that, in the absence of a reconciliation, a spouse who lives in adultery is barred from ...
• New Jersey Statutes 3B:28-16 N.J.S. 3A:37-3 saved from repeal
  N.J.S. 3A:37-3 is saved from repeal. This section provides that, in the absence of a reconciliation, a wife after being ravished, consents to the ravisher, ...
• New Jersey Statutes 3B:28-17 N.J.S. 3A:37-4 saved from repeal
  N.J.S. 3A:37-4 is saved from repeal. This section provides that a widow may be barred of dower by jointure. L.1981, c. 405, s. 3B:28-17, eff. ...
• New Jersey Statutes 3B:28-18 N.J.S. 3A:37-5 saved from repeal
  N.J.S. 3A:37-5 is saved from repeal. This section provides for the waiver of a jointure by a widow, her demand for dower and termination of ...
• New Jersey Statutes 3B:28-19 N.J.S. 3A:37-6 saved from repeal
  N.J.S. 3A:37-6 is saved from repeal. This section provides that a widow who is evicted from her jointure may have it satisfied from the remainder ...
• New Jersey Statutes 3B:29-1 Laws repealed
  The following are repealed: R.S. 3:2-12 (saved from repeal by N.J.S. 3A:3-32); R.S. 3:2-45 (saved from repeal by N.J.S. 3A:3-30); N.J.S. 3A:2-1 to 3A:2-8 inclusive; ...
• New Jersey Statutes 3B:30-1 Short title.
  1. This act shall be known and may be cited as the "Uniform TOD Security Registration Act." L.1995,c.130,s.1. ...
• New Jersey Statutes 3B:30-2 Definitions.
  2. As used in the act: "Beneficiary form" means a registration of a security which indicates the present owner of ...
• New Jersey Statutes 3B:30-3 Individuals, multiple owners, registration of a security.
  3. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, ...
• New Jersey Statutes 3B:30-4 Registration of security in beneficiary form.
  4. A security may be registered in beneficiary form if the form is authorized by this or similar statute of the state of organization of ...
• New Jersey Statutes 3B:30-5 Designation of beneficiary, registration in beneficiary form
  5. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take ...
• New Jersey Statutes 3B:30-6 "Transfer on death," "pay on death"
  6. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" ...
• New Jersey Statutes 3B:30-7 No effect on ownership, cancellation, change permitted
  7. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of ...
• New Jersey Statutes 3B:30-8 Passage of security to beneficiary, reregistration
  8. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to ...
• New Jersey Statutes 3B:30-9 Rights of registering entity
  9. a. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in ...
• New Jersey Statutes 3B:30-10 Transfer on death, effectiveness
  10. a. A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the ...
• New Jersey Statutes 3B:30-11 Establishment of terms, conditions by registering entity
  11. a. A registering entity offering to accept registration in beneficiary form may establish the terms and conditions under which it will receive requests for ...
• New Jersey Statutes 3B:30-12 Construction of act
  12. a. This act shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect ...

Last modified: April 1, 2009