New Jersey Revised Statutes Title 3b - Administration Of Estates--decedents And Others

• Section 3b:1-1 - Definitions A To H.
  3B:1-1. As used in this title, unless otherwise defined: "Administrator" includes general administrators of an intestate and unless restricted by the subject or context,...
• Section 3b:1-2 - Definitions I To Z.
  3B:1-2. "Incapacitated individual" means an individual who is impaired by reason of mental illness or intellectual disability to the extent that the individual lacks...
• Section 3b:1-3 - Devolution Of Property Upon Death.
  3B:1-3. Upon the death of an individual, his real and personal property devolves to the persons to whom it is devised by his will...
• Section 3b:1-4 - Contractual Arrangements Relating To Death
  A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after September...
• Section 3b:1-5 - Effect Upon Vested Rights And Remedies
  The repeal of any sections, acts or parts of acts by the enactment of this title shall not affect any right now vested in...
• Section 3b:1-6 - Law Governing Rights, Duties And Powers Of Fiduciaries
  The provisions of this title shall govern the rights, duties and powers of successors and fiduciaries relating to the administration of all estates except...
• Section 3b:1-7 - Exclusion Of Property Passing To A Testamentary Trustee Other Than By Devise From Rights Of Personal Representative Or Creditors Of Decedent
  Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a...
• Section 3b:1-8 - Application Of Title To Wills
  The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978. L.1981, c. 405, s. 3B:1-8,...
• Section 3b:1-8.1 - Applicability Of Act.
  23.The provisions of P.L.2004, c. 132 and P.L.2005, c.160 (C.3B:1-8.1 et al.) shall apply to any decedent dying on or after February 27, 2005.
• Section 3b:1-9 - Effect Of Fraud And Evasion
  Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to...
• Section 3b:2-1 - Jurisdiction Of Superior Court Not Affected
  The provisions of this title are not intended and shall not be so construed as in any way to affect, impair or limit the...
• Section 3b:2-2 - General Authority Of Superior Court As To Probate Matters
  The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts and estates, and full authority over the accounts...
• Section 3b:2-3 - Jurisdiction Of Superior Court Over Surrogate's Proceedings
  The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a...
• Section 3b:2-4 - Proceedings In Superior Court On Order To Show Cause
  The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner. L.1981, c. 405, s. 3B:2-4,...
• Section 3b:2-5 - Disputes Or Doubts In Proceedings Before The Surrogate.
  3B:2-5. In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither the surrogate nor the court...
• Section 3b:2-6 - Oath; Affidavit; Deposition Or Proof.
  3B:2-6. Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, the surrogate's court or in...
• Section 3b:2-7 - Issuance Of Subpoenas By Surrogate.
  3B:2-7. A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before...
• Section 3b:2-8 - Penalty For Failure To Obey Subpoena.
  3B:2-8. Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give...
• Section 3b:3-1 - Individuals Competent To Make A Will And Appoint A Testamentary Guardian.
  3B:3-1. Any individual 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian....
• Section 3b:3-2 - Execution; Witnessed Wills; Writings Intended As Wills.
  3B:3-2. Execution; witnessed wills; writings intended as wills. a.Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be: (1)in writing; (2)signed...
• Section 3b:3-2.1 - Creation, Maintenance Of Will Registry; Fees.
  1. a. The Secretary of State shall create and maintain a will registry in which a testator or his attorney may register information regarding...
• Section 3b:3-2.2 - Regulations.
  2.The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the...
• Section 3b:3-3 - Writings Intended As Wills.
  3B:3-3. Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or...
• Section 3b:3-4 - Making Will Self-proved At Time Of Execution.
  3B:3-4. Any will executed on or after September 1, 1978 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator...
• Section 3b:3-5 - Making Will Self-proved Subsequent To Time Of Execution.
  3B:3-5. A will executed in compliance with N.J.S.3B:3-2 may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by...
• Section 3b:3-6 - Validating Acknowledgment
  An acknowledgment to make a will self-proved taken on or after September 1, 1978, but before October 11, 1979, pursuant to R.S. 46:14-6, R.S....
• Section 3b:3-7 - Who May Witness A Will.
  3B:3-7. Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof. L.1981,...
• Section 3b:3-8 - Will Not Invalidated If Signed By Interested Witness
  A will or any provision thereof is not invalid because the will is signed by an interested witness. L.1981, c. 405, s. 3B:3-8, eff....
• Section 3b:3-9 - Laws Determining Valid Execution Of Will
  A written will is validly executed if executed in compliance with N.J.S. 3B:3-2 or N.J.S. 3B:3-3 or its execution was in compliance with the...
• Section 3b:3-10 - Incorporation By Reference
  Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and...
• Section 3b:3-11 - Identifying Devise Of Tangible Personal Property By Separate Writing.
  3B:3-11. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of...
• Section 3b:3-12 - Acts And Events Of Independent Significance.
  3B:3-12. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made...
• Section 3b:3-13 - Revocation By Writing Or By Act.
  3B:3-13. A will or any part thereof is revoked: a.By the execution of a subsequent will that revokes the previous will or part expressly...
• Section 3b:3-14 - Revocation Of Probate And Non-probate Transfers By Divorce Or Annulment; Revival By Remarriage To Former Spouse.
  3B:3-14. Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse. a.Except as provided by the express terms...
• Section 3b:3-15 - Revival Of Revoked Will.
  3B:3-15. a. Except as otherwise provided in N.J.S.3B:3-14 or as provided in subsections b., c. and d. of this section, a revoked will or...
• Section 3b:3-16 - Methods Of Altering Will
  No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed...
• Section 3b:3-17 - Probate Of Will And Grant Of Letters.
  3B:3-17. The surrogates of the several counties or the Superior Court may take depositions to wills, admit the same to probate, and grant thereon...
• Section 3b:3-18 - Necessity To Probate Will To Transfer Property Or Nominate Executor
  To be effective to prove the transfer of any property or to nominate an executor, a will must be admitted to probate. L.1981, c....
• Section 3b:3-19 - Proof Required To Probate Will.
  3B:3-19. A will executed as provided in N.J.S.3B:3-2 may be admitted to probate by the surrogate upon the proof of one of the attesting...
• Section 3b:3-20 - Probate Of A Will Of Testator Who Died In Military Service Or Within 2 Years Of Discharge.
  N.J.S.3B:3-20. When a resident of this State dies while a member of the armed forces of the United State or within 2 years from...
• Section 3b:3-21 - Probate Of Will Where Witnesses Are In Service In Time Of War
  When the only living subscribing witness or witnesses, to the will of a resident of this State, is not or are not available in...
• Section 3b:3-22 - Time For Probate Of Will; Preliminary Filing
  No will shall be admitted to probate until after 10 days from the death of the testator; but the complaint and other papers in...
• Section 3b:3-23 - Proof Of Execution Required In Contested Probate Action
  If an issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the...
• Section 3b:3-24 - Where A Will Of A Resident Is To Be Probated; Effect Of Failure To Probate.
  3B:3-24. The will of any individual resident within any county of this State at his death may be admitted to probate in the surrogate's...
• Section 3b:3-25 - Filing Probate Record With Surrogate Of Any County
  When a will devising real estate has been duly admitted to probate by the Superior Court, any person interested therein may file with the...
• Section 3b:3-26 - Probate Of Will Of Nonresident Probated In Another State Or Country.
  3B:3-26. When the will of any individual not resident in this State at his death shall have been admitted to probate in any state...
• Section 3b:3-27 - Recording Of Will Of Nonresident Probated In Another State Or Country
  A copy of any will or of the record of any will of a decedent not resident in this State at his death, admitted...
• Section 3b:3-28 - Probate Of Will Of Nonresident Decedent Where Property Situated In New Jersey.
  3B:3-28. Where the will of any individual not resident in this State at his death has not been admitted to probate in the state,...
• Section 3b:3-28.1 - Probate Of Will Of Nonresident Where Laws Of Decedent's Domicile Are Discriminatory.
  3B:3-28.1. Where the will of any individual who is not resident in this State at the time of his death has not been admitted...
• Section 3b:3-29 - Order To Compel Production Of Purported Will
  The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of...
• Section 3b:3-30 - Allowances By Superior Court To Spouse Or Children Pending Contest Over Probate Of Will
  If a contest is pending over the probate of any paper purporting to be a will, the Superior Court may, on application by the...
• Section 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 to...
• Section 3b:3-32 - Requirement Of Survival By 120 Hours; Exceptions; Survivorship With Respect To Future Interests.
  3B:3-32. a. Except as provided in subsections b. and c., for purposes of construing a will, trust agreement, or other governing instrument, an individual...
• Section 3b:3-33 - Choice Of Law As To Meaning And Effect Of Wills; Testator's Intention; Rules Of Construction.
  3B:3-33. The meaning and legal effect of a disposition in a will, trust or other governing instrument shall be determined by the local law...
• Section 3b:3-33.1 - Testator's Intention; Settlor's Intention; Rules Of Construction Applicable To Wills, Trusts And Other Governing Instruments.
  28. a. The intention of a testator as expressed in his will controls the legal effect of his dispositions, and the rules of construction...
• Section 3b:3-34 - Will Construed To Pass All Property Of Testator Including After-acquired Property.
  3B:3-34. Unless a will expressly provides otherwise, it is construed to pass all property the testator owns at death including property acquired after the...
• Section 3b:3-35 - Anti-lapse; Deceased Devisee; Class Gifts.
  3B:3-35 Anti-lapse; deceased devisee; class gifts. If a devisee who is a grandparent, stepchild or a lineal descendant of a grandparent of the decedent...
• Section 3b:3-36 - Failure Of Testamentary Provision; Residuary Devise To Two Or More Residuary Devisees; Death Of One Or More Before Testator.
  3B:3-36. Except as provided in N.J.S.3B:3-35: a.a devise, other than a residuary devise, that fails for any reason becomes a part of the residue....
• Section 3b:3-37 - Residuary Devise To Two Or More Residuary Devisees; Death Of One Or More Before Testator
  When a residuary devise shall be made to two or more persons by the will of any testator, unless a contrary intention shall appear...
• Section 3b:3-38 - Construction Of Words "Die Without Issue" Or "Die Without Descendants".
  3B:3-38. In a devise of real or personal property the words "die without issue" or "die without descendants" or "die without lawful issue" or...
• Section 3b:3-39 - Construction When "Heirs And Assigns" Omitted From Devise; Fee Passed
  When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no expressions...
• Section 3b:3-40 - Words Importing Estate In Fee Not To Prevent Further Devise
  In any devise of real or personal property set forth in a will, the giving to one person of an indeterminate or other interest...
• Section 3b:3-41 - Issue And Descendants To Take By Representation.
  3B:3-41. Issue and descendants to take by representation. Where under any governing instrument provision is made for the benefit of issue and descendants and...
• Section 3b:3-42 - Increase In Securities, Accessions.
  3B:3-42. a. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will,...
• Section 3b:3-43 - Nonademption Of Specific Devise; Sale By Or Payment Of Condemnation Award Or Insurance Proceeds To Guardian Of Testator Or Agent.
  3B:3-43. If specifically devised property is sold or mortgaged by a guardian for a testator, or by an agent acting within the authority of...
• Section 3b:3-44 - Specific Devise; Right Of Devisee After Sale, Condemnation, Casualty Loss Or Foreclosure.
  3B:3-44. A specific devisee has the right to the remaining specifically devised property in the testator's estate at death and: a.Any balance of the...
• Section 3b:3-45 - Exercise Of Power Of Appointment
  A general residuary clause in a will or a will making general disposition of all of the testator's property, does not exercise a power...
• Section 3b:3-46 - Ademption By Satisfaction.
  3B:3-46. a. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person...
• Section 3b:3-47 - Penalty Clause For Contesting Will
  A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is...
• Section 3b:3-48 - Construction Of Generic Terms Included In Class Gift Terminology.
  3B:3-48. a. Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts...
• Section 3b:3-49 - Effect Of Final Order Of Court Of Another State Admitting Will To Probate Or Determining Validity Or Construction
  A final order of a court of another state admitting a will to probate or determining the validity or construction of a will made...
• Section 3b:4-1 - Short Title
  This chapter shall be known and may be cited as the "New Jersey Testamentary Additions to Trusts Law." L.1981, c. 405, s. 3B:4-1, eff....
• Section 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 the...
• Section 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 was...
• Section 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 a...
• Section 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. L.1981,...
• Section 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 by...
• Section 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 as...
• Section 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: a.The entire intestate...
• Section 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 the decedent's surviving...
• Section 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 who may be...
• Section 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 grandparent who either predeceased the...
• Section 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,...
• Section 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 individual lives 120...
• Section 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 from...
• Section 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 from...
• Section 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 fails...
• Section 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 has...
• Section 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 lifetime...
• Section 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 shall devolve upon...
• Section 3b:5-14.1 - "Minor" Defined; Loss Of Right To Intestate Succession By Parent, Certain Circumstances.
  4. a. As used in this section, "minor" means a person under the age of 18 years. b.A parent of a decedent shall lose...
• Section 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 testator executed the testator's will,...
• Section 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 or...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 individual who is responsible for the intentional...
• Section 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 by this chapter...
• Section 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 chapter...
• Section 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 the...
• Section 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 killer...
• Section 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 or person in...
• Section 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 or person in...
• Section 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 which is added...
• Section 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...
• Section 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 written consent or...
• Section 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.The value of property owned by...
• Section 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 to, any beneficial...
• Section 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. 3B:8-6: a.Property owned...
• Section 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 surviving spouse or...
• Section 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 of the surviving...
• Section 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 a surviving spouse...
• Section 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 share in the...
• Section 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 to persons interested...
• Section 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 share at any...
• Section 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...
• Section 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....
• Section 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 or...
• Section 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: a.The value of...
• Section 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 donees have the...
• Section 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 enjoyment without the intervention of...
• Section 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 power...
• Section 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 property, interest, power or discretion...
• Section 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 attorney,...
• Section 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 attorney,...
• Section 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, at any time...
• Section 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 or...
• Section 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 record...
• Section 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. The...
• Section 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 barred by: (1)an assignment, conveyance,...
• Section 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 be binding upon...
• Section 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 spendthrift...
• Section 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, disclaim...
• Section 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 28, 1980, as to which,...
• Section 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, modify or otherwise...
• Section 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...
• Section 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 the surviving spouse...
• Section 3b:10-3 - When Spouse, Partner In A Civil Union, Or Domestic Partner Entitled To Assets Without Administration.
  3B:10-3. When spouse, partner in a civil union, or domestic partner entitled to assets without administration. Where the total value of the real and...
• Section 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 of an intestate...
• Section 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),...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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 may be carried...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 3b:11-1 - Creator's Reserved Interest In Trust Alienable Subject To Creditors' Claims.
  3B:11-1. Creator's reserved interest in trust alienable subject to creditors' claims. a.The right of any creator of a trust to receive either the income...
• Section 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...
• Section 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...
• Section 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...
• Section 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 be...
• Section 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,
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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 establishment...
• Section 3b:11-22 - Definitions.
  4.As used in P.L.1985, c.424 (C.3B:11-19 et seq.): a. "Beneficiary" means any person with a severe chronic disability who has qualified as a member...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 aside amounts to supplement and augment assistance...
• Section 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 a...
• Section 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 an alleged incapacitated...
• Section 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 or property, sale,...
• Section 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 consider the interests...
• Section 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 or other transaction...
• Section 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 to affect the...
• Section 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 money or personal...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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 article shall obtain...
• Section 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,...
• Section 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 of the person...
• Section 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...
• Section 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 the surviving parent...
• Section 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 N.J.S.3B:15-1 et seq.,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 or for the...
• Section 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 an individual is incapacitated as...
• Section 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 for the person, guardian for...
• Section 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 an incapacitated person...
• Section 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 except one which...
• Section 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 the guardian, adjudicate...
• Section 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 guardian...
• Section 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 N.J.S.3B:12-30 and the...
• Section 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 been appointed under...
• Section 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 with N.J.S.3B:15-1 unless...
• Section 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 guardian of the...
• Section 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 estate shall be...
• Section 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 of a minor...
• Section 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 power conferred on the...
• Section 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 or an incapacitated...
• Section 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 a minor has...
• Section 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...
• Section 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 of the ward's...
• Section 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 court, unless otherwise...
• Section 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 person may expend...
• Section 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 the estate of...
• Section 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 of the estate...
• Section 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 minor or incapacitated...
• Section 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 incapacitated person under...
• Section 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 the powers conferred...
• Section 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 his household, all...
• Section 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,...
• Section 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...
• Section 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,...
• Section 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...
• Section 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 P.L.2003, c.258 (C.3B:12-54.1),...
• Section 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 any such issue...
• Section 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...
• Section 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 person of a ward is...
• Section 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.) b.(Deleted by amendment, P.L.2005, c.304.) c.(Deleted...
• Section 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 authorized by this...
• Section 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 that it would...
• Section 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 deliver to the...
• Section 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 after the death...
• Section 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...
• Section 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 guardian, after the...
• Section 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 estate of an incapacitated person...
• Section 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...
• Section 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 the...
• Section 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 another state with his ward who...
• Section 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 of a minor appointed in another state may file...
• Section 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.
• Section 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...
• Section 3b:12-69 - Definitions.
  3.As used in P.L.1995, c.76 (C.3B:12-67 et seq.): "Appointed standby guardian" means a person appointed pursuant to section 6 of P.L.1995, c.76 (C.3B:12-72) to...
• Section 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...
• Section 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.
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 reside with their parents due to the...
• Section 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 years of age, other than...
• Section 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.). Venue of a...
• Section 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 authority...
• Section 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 caregiver's...
• Section 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)if proper notice was...
• Section 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.
• Section 3b:12b-1 - Short Title.
  1.This act shall be known and may be cited as the "New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act." L.2012, c.36, s.1.
• Section 3b:12b-2 - Scope Of Act.
  2.Scope of Act. a.P.L.2012, c.36 (C.3B:12B-1 et al.) governs the exercise of jurisdiction over guardianship or protective orders, as those terms are defined in...
• Section 3b:12b-3 - Definitions.
  3.Definitions. As used in P.L.2012, c.36 (C.3B:12B-1 et al.), unless otherwise defined: a."Adult" means a person at least 18 years of age. b."Conservatee" means,...
• Section 3b:12b-4 - International Application Of The Act.
  4.International application of the act. A court of this State may treat a foreign country as if it were a state for the purpose...
• Section 3b:12b-5 - Which Act Governs; Exclusive Jurisdictional Basis; Applicability.
  5.Which act governs; exclusive jurisdictional basis; applicability. P.L.2012, c.36 (C.3B:12B-1 et al.) governs jurisdiction of guardianship proceedings and provides the exclusive jurisdictional basis for...
• Section 3b:12b-6 - Communication Between Courts.
  6.Communication between courts. a.A court of this State may communicate with a court of another state concerning a proceeding arising pursuant to P.L.2012, c.36...
• Section 3b:12b-7 - Cooperation Between Courts.
  7.Cooperation between courts. a.In a guardianship or protective proceeding, a court of this State may request the appropriate court of another state to do...
• Section 3b:12b-8 - Taking Testimony In Another State; Documentary Evidence.
  8.Taking testimony in another state; documentary evidence. a.A court of this State may permit a witness located in another state to be deposed or...
• Section 3b:12b-9 - Jurisdiction; Determination.
  9.Jurisdiction; determination. a.A court of this State has jurisdiction to declare a person incapacitated and appoint a guardian or issue a protective order for...
• Section 3b:12b-10 - Significant-connection State; Determination.
  10.Significant-connection state; determination. In determining whether a respondent has a significant connection with a particular state, the court shall consider: a.the location of the...
• Section 3b:12b-11 - Emergency Jurisdiction.
  11.Emergency jurisdiction. a.A court of this State lacking jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) has emergency jurisdiction to do any of the...
• Section 3b:12b-12 - Exclusive And Continuing Jurisdiction.
  12.Exclusive and continuing jurisdiction. Except as otherwise provided in section 11 of P.L.2012, c.36 (C.3B:12B-11), a court that has appointed a guardian or issued...
• Section 3b:12b-13 - Appropriate Forum.
  13.Appropriate forum. a.A court of this State having jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) to declare a person incapacitated, appoint a guardian,...
• Section 3b:12b-14 - Jurisdiction Declined By Reason Of Conduct.
  14.Jurisdiction declined by reason of conduct. a.If, at any time, a court of this State determines that it acquired jurisdiction to declare a person...
• Section 3b:12b-15 - Notice Of Proceeding.
  15.Notice of proceeding. If this State was not the respondent's home state on the date a petition to declare a person incapacitated for the...
• Section 3b:12b-16 - Proceedings In More Than One State.
  16.Proceedings in more than one state. Except for a petition for the appointment of a guardian or issuance of a protective order in an...
• Section 3b:12b-17 - Transfer Of Guardianship Or Conservatorship To Another State.
  17.Transfer of guardianship or conservatorship to another state. a.A guardian or conservator appointed, or a conservatee, in this State may petition the court to...
• Section 3b:12b-18 - Accepting Guardianship Or Conservatorship Transferred From Another State.
  18.Accepting guardianship or conservatorship transferred from another state. a.To confirm transfer of a guardianship or conservatorship to this State under provisions similar to section...
• Section 3b:12b-19 - Registration Of Guardianship Or Conservatorship Orders.
  19.Registration of guardianship or conservatorship orders. If a guardian has been appointed in another state and an application for the appointment of a guardian...
• Section 3b:12b-20 - Effect Of Registration.
  20.Effect of registration. a.Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all...
• Section 3b:12b-21 - Uniformity Of Application And Construction.
  21.Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the...
• Section 3b:12b-22 - Transitional Provision.
  24.Transitional provision. a.P.L.2012, c.36 (C.3B:12B-1 et al.) applies to guardianship and protective proceedings filed on or after the effective date. b.Sections 1 through 4...
• Section 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.
• Section 3b:13-2 - Definitions.
  3B:13-2. As used in this chapter: a."Federal agency" means any bureau, office, board, or officer of the United States by whatever name known, now...
• Section 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....
• Section 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...
• Section 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...
• Section 3b:13-6 - Determination Of Incapacity By Superior Court.
  3B:13-6. For the purpose of appointing a guardian pursuant to this chapter, the incapacity of a beneficiary of a Federal agency shall be determined...
• Section 3b:13-7 - Guardians; When And How Appointed.
  3B:13-7. When, pursuant to any law of the United States or regulation of a Federal agency, the chief officer of the agency requires, prior...
• Section 3b:13-8 - Guardian To Have No More Than Five Wards; Exceptions.
  3B:13-8. Except as provided in this section, no person shall accept appointment as guardian of a ward if acting as guardian for five wards....
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:13-18 - Authorization For Guardian Of Incapacitated Ward To Receive Additional Personal Property Not Exceeding $10,000.
  3B:13-18. When a ward for whom a guardian has been appointed is incapacitated and becomes entitled to personal property amounting to not more than...
• Section 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...
• Section 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,...
• Section 3b:13-21 - "Public Guardian Of Veterans Who Are Incapacitated."
  3B:13-21. There may be appointed in each county a person to be known as "public guardian of veterans who are incapacitated for the county...
• Section 3b:13-22 - Guardian's Bond.
  3B:13-22. Before entering upon the duties of office, a public guardian of veterans who are incapacitated shall execute a bond to the Superior Court...
• Section 3b:13-23 - Salary Of Public Guardian.
  3B:13-23. A public guardian of veterans who are incapacitated shall receive an annual salary to be fixed by the Assignment Judge of the Superior...
• Section 3b:13-24 - Duties Of Public Guardian As Adviser Of Other Guardians.
  3B:13-24. The public guardian of veterans who are incapacitated shall, in each county, assist, supervise, advise, and otherwise aid the duly appointed guardians of...
• Section 3b:13-25 - Discharge And Removal Of Public Guardian.
  3B:13-25. The public guardian of veterans who are incapacitated shall be subject to discharge or removal, by the court, on the grounds and in...
• Section 3b:13-26 - Public Guardian May Be Appointed General Guardian For Veteran.
  3B:13-26. Where an action is brought in the Superior Court for the appointment of a guardian for a person who, while in the military,...
• Section 3b:13-27 - Powers Of Public Guardian As Guardian Of Veterans' Estates.
  3B:13-27. The public guardian of veterans who are incapacitated shall have, in respect of any veteran and the estate of any veteran for whom...
• Section 3b:13-28 - Settlement Of Accounts.
  3B:13-28. The public guardian shall settle accounts in each estate in which the guardian is appointed at the times and in the same manner...
• Section 3b:13-29 - Termination Of Guardianship; Settlement Of Account.
  3B:13-29. Upon the termination of a guardianship, by death of the ward or otherwise, the public guardian shall settle the account in the same...
• Section 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...
• Section 3b:13-31 - Counsel To Represent Public Guardian; Compensation.
  3B:13-31. The public guardian of veterans who are incapacitated may, when authorized by the Superior Court, employ counsel to represent the public guardian. The...
• Section 3b:13a-1 - Definitions.
  a."Conservatee" means a person who has not been adjudicated incapacitated but who by reason of advanced age, illness, or physical infirmity, is unable to...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 3b:13a-16 - Limitations On Appointment Of Conservator.
  3B:13A-16. The appointment of a conservator shall not: a.Be evidence of the capacity or incapacity of a conservatee; or b.Transfer title of the conservatee's...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:13a-34 - Termination Of Conservatorship.
  3B:13A-34. A conservatorship shall terminate upon the death of the conservatee or upon adjudication of the conservatee to be incapacitated as provided by law,...
• Section 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...
• Section 3b:13a-36 - Conservator's Compensation.
  3B:13A-36. A conservator shall be compensated for services in the same manner as a guardian for a minor or for a person who is...
• Section 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...
• Section 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....
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 3b:14-21 - Removal For Cause.
  3B:14-21. The court may remove a fiduciary from office when the fiduciary: a.After due notice of an order or judgment of the court so...
• Section 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...
• Section 3b:14-23 - Powers.
  3B:14-23. Powers. In the absence of contrary or limiting provisions in the judgment or order appointing a fiduciary, in the will, deed, or other...
• Section 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 power,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:14-37 - Protection Of Persons Assisting Or Dealing With Fiduciary.
  3B:14-37. Protection of persons assisting or dealing with fiduciary. a.A person other than a beneficiary who in good faith either assists a fiduciary or...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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:...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 in a bank...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:15-1 - Bonds Of Fiduciaries; Exceptions.
  3B:15-1. The court or surrogate appointing a fiduciary in any of the instances enumerated below shall secure faithful performance of the duties of the...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:15-7 - Bond Required Of Guardian Of Minor Or Person Who Is Incapacitated.
  3B:15-7. The bond required of a guardian of a minor or a person who is incapacitated shall be conditioned substantially as follows: a.To administer...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 by a surrogate,...
• Section 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...
• Section 3b:15-17.1 - Payment At Age 18.
  1.Where the estate of a minor consists of the proceeds of a judgment recovered in favor of the minor in any court of this...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 which the fiduciary...
• Section 3b:15-24 - Prosecution Of Fiduciaries' Bonds
  Except as otherwise provided by law, when the bond of a fiduciary given to a court or to a judicial officer or clerk of...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:16-8 - Guardian To File Inventory Of Estate Of Minor Or Person Who Is Incapacitated.
  3B:16-8. Every guardian of the estate of a minor or a person who is incapacitated may, and if required by the court shall, file...
• Section 3b:17-1 - Filing Of Release Or Discharge.
  3B:17-1. A fiduciary need not render or settle an account if the fiduciary files with the court a release or discharge from the beneficiary,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 be necessary to...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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....
• Section 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 3b:18-14 - Corpus Commissions.
  3B:18-14. Corpus commissions. Commissions on all corpus received by the fiduciary may be taken as follows: 5% on the first $200,000 of all corpus...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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 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 the...
• Section 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...
• Section 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 (C....
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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." L.2001,c.212,s.1.
• Section 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 a fiduciary. The term includes...
• Section 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 matter within the...
• Section 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 trust describe the amount that may or...
• Section 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 in a trust...
• Section 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 to receive a...
• Section 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 on which the income interest...
• Section 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 disbursement, other than...
• Section 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 which an income...
• Section 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 investment...
• Section 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 or...
• Section 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 in...
• Section 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, assets received from a transferor...
• Section 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 to...
• Section 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 to...
• Section 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 the...
• Section 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 receive...
• Section 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 is...
• Section 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 other...
• Section 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 section,...
• Section 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 substantially...
• Section 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 financial...
• Section 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 the...
• Section 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 paragraph...
• Section 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 a trustee on principal receipts...
• Section 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 due to wear, tear, decay,...
• Section 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, the...
• Section 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 income....
• Section 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 uniform...
• Section 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 after...
• Section 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 power...
• Section 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 instrument pursuant to...
• Section 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...
• Section 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...
• Section 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...
• Section 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 as...
• Section 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 to...
• Section 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 reasonably...
• Section 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 occurred...
• Section 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 Act."
• Section 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 the...
• Section 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 other...
• Section 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 the...
• Section 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.
• Section 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 account...
• Section 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 retention...
• Section 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, the...
• Section 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 and...
• Section 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. The...
• Section 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 authorizing...
• Section 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 its...
• Section 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 estate...
• Section 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 holds...
• Section 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...
• Section 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...
• Section 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 which...
• Section 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 this...
• Section 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...
• Section 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 commonly dealt with on securities...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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 securities...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 the...
• Section 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. Amended...
• Section 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 the...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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 any claim not...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 devisees...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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 an...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 property of which a decedent...
• Section 3b:23-21 - Unclaimed Estate Assets.
  3B:23-21. Unclaimed estate assets. When a fiduciary states a final account and there remains in the fiduciary's control a balance, devise, distributive share, dividend,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 3b:23-34 - Conditions Precedent To Suit For Devise.
  3B:23-34. 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:23-39 - Deposit With Court; Effect.
  3B:23-39. When a devise charged by will upon real estate is wholly or in part limited over: a.To minors, persons who are incapacitated, or...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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: a.That part of the...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 to an heir...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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 this...
• Section 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 under...
• Section 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...
• Section 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...
• Section 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...
• Section 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 absentee...
• Section 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 individual dying intestate...
• Section 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 real property shall...
• Section 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 married individual shall be entitled...
• Section 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 is...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 3b:30-2 - Definitions.
  2.As used in the act: "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3b:31-1 - Short Title.
  3B:31-1. Short Title. This act shall be known and may be cited as the "Uniform Trust Code." L.2015, c.276, s.1.
• Section 3b:31-2 - Scope.
  3B:31-2. Scope. This act applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the...
• Section 3b:31-3 - Definitions.
  3B:31-3. Definitions. As used in this act: "Action," with respect to an act of a trustee, includes a failure to act. "Beneficiary," as it...
• Section 3b:31-4 - Knowledge.
  3B:31-4. Knowledge. a.Subject to subsection b. of this section, a person has knowledge of a fact if the person: (1)has actual knowledge of it;...
• Section 3b:31-5 - Default And Mandatory Rules.
  3B:31-5. Default and Mandatory Rules. a.Except as otherwise provided in the terms of the trust, this act governs the duties and powers of a...
• Section 3b:31-6 - Common Law Of Trusts; Principles Of Equity.
  3B:31-6. Common Law of Trusts; Principles of Equity. The common law of trusts and principles of equity supplement this act, except to the extent...
• Section 3b:31-7 - Governing Law.
  3B:31-7. Governing Law. The meaning and effect of the terms of a trust are determined by: a.the law of the jurisdiction designated in the...
• Section 3b:31-8 - Principal Place Of Administration.
  3B:31-8. Principal Place of Administration. a.Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the...
• Section 3b:31-9 - Methods And Waiver Of Notice.
  3B:31-9. Methods and Waiver of Notice. a.Notice to a person under this act or the sending of a document to a person under this...
• Section 3b:31-10 - Others Treated As Qualified Beneficiaries.
  3B:31-10. Others Treated as Qualified Beneficiaries. a.Whenever notice to qualified beneficiaries of a trust is required under this act, the trustee shall also give...
• Section 3b:31-11 - Nonjudicial Settlement Agreements.
  3B:31-11. Nonjudicial Settlement Agreements. a.For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding...
• Section 3b:31-12 - Rules Of Construction.
  3B:31-12. Rules of Construction. The rules of construction that apply in this State to the interpretation of and disposition of property by will also...
• Section 3b:31-13 - Representation: Basic Effect.
  3B:31-13. Representation: Basic Effect. a.Notice to a person who may represent and bind another person under this article has the same effect as if...
• Section 3b:31-14 - Representation By Holder Of General Testamentary Power Of Appointment.
  3B:31-14. Representation by Holder of General Testamentary Power of Appointment. a.To the extent there is no conflict of interest between the holder of a...
• Section 3b:31-15 - Representation By Fiduciaries And Parents.
  3B:31-15. Representation by Fiduciaries and Parents. To the extent there is no conflict of interest between the representative and the person represented or among...
• Section 3b:31-16 - Representation By Person Having Substantially Identical Interest.
  3B:31-16. Representation by Person Having Substantially Identical Interest. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location...
• Section 3b:31-17 - Appointment Of Representative.
  3B:31-17. Appointment of Representative. a.If the court determines that an interest is not represented under this article or that the otherwise available representation might...
• Section 3b:31-18 - Methods Of Creating Trust.
  3B:31-18. Methods of Creating Trust. A trust may be created by: a.transfer of property under a written instrument to another person as trustee during...
• Section 3b:31-19 - Requirements For Creation.
  3B:31-19. Requirements for Creation. a.A trust is created only if: (1)the settlor has capacity to create a trust; (2)the settlor indicates an intention to...
• Section 3b:31-20 - Written Trusts Created In Other Jurisdictions.
  3B:31-20. Written Trusts Created in Other Jurisdictions. A written trust not created by will is validly created if its creation complies with the law...
• Section 3b:31-21 - Trust Purposes.
  3B:31-21. Trust Purposes. A trust may be enforced only to the extent its purposes are lawful, not contrary to public policy, and possible to...
• Section 3b:31-22 - Charitable Purposes, Enforcement.
  3B:31-22. Charitable Purposes; Enforcement. a.A charitable trust is one that is created for the relief of poverty, the advancement of education or religion, the...
• Section 3b:31-23 - Creation Of Trust Induced By Fraud, Duress, Or Undue Influence.
  3B:31-23. Creation of Trust Induced by Fraud, Duress, or Undue Influence. A trust is void to the extent its creation was induced by fraud,...
• Section 3b:31-24 - Trust For Care Of Animal.
  3B:31-24. Trust for Care of Animal. a.A trust may be created to provide for the care of an animal alive during the settlor's lifetime....
• Section 3b:31-25 - Noncharitable Trust Without Ascertainable Beneficiary.
  3B:31-25. Noncharitable Trust Without Ascertainable Beneficiary. Except as otherwise provided in N.J.S.3B:31-24 or by another statute, the following rules apply: a.A trust may be...
• Section 3b:31-26 - Modification Or Termination Of Trust; Proceedings For Approval Or Disapproval.
  3B:31-26. Modification or Termination of Trust; Proceedings for Approval or Disapproval. a.In addition to the methods of termination prescribed by N.J.S.3B:31-27 through N.J.S.3B:31-33, a...
• Section 3b:31-27 - Modification Or Termination Of Noncharitable Irrevocable Trust By Consent.
  3B:31-27. Modification or Termination of Noncharitable Irrevocable Trust by Consent. a.A noncharitable irrevocable trust may be modified or terminated upon consent of the trustee...
• Section 3b:31-28 - Modification Or Termination Because Of Unanticipated Circumstances Or Inability To Administer Trust Effectively.
  3B:31-28. Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively. a.The court may modify the administrative or dispositive terms of...
• Section 3b:31-29 - Modification Or Termination Of Charitable Trust (Cy Pres).
  3B:31-29. Modification or Termination of Charitable Trust (Cy Pres). a.Except as otherwise provided in subsection b. of this section, if a particular charitable purpose...
• Section 3b:31-30 - Modification Or Termination Of Uneconomic Trust.
  3B:31-30. Modification or Termination of Uneconomic Trust. a.After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a...
• Section 3b:31-31 - Reformation To Correct Mistakes.
  3B:31-31. Reformation to Correct Mistakes. The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's...
• Section 3b:31-32 - Construction To Conform Trust Terms To Probably Intent Of Settlor.
  3B:31-32. Construction to Conform Trust Terms to Probable Intent of Settlor. Nothing in this act shall prevent the court from construing the terms of...
• Section 3b:31-33 - Modification To Achieve Settlor's Tax Objectives.
  3B:31-33. Modification to Achieve Settlor's Tax Objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a...
• Section 3b:31-34 - Combination And Division Of Trusts.
  3B:31-34. Combination and Division of Trusts. a.Subject to subsection b. of this section, (1)the trustees of two or more trusts or parts of trusts...
• Section 3b:31-35 - Rights Of Beneficiary's Creditor Or Assignee.
  3B:31-35. Rights of Beneficiary's Creditor or Assignee. Except as otherwise provided by law, to the extent a beneficiary's interest is not protected by a...
• Section 3b:31-36 - Spendthrift Provision.
  3B:31-36. Spendthrift Provision. a.A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. b.A term of...
• Section 3b:31-37 - Special Needs Trusts.
  3B:31-37. Special Needs Trusts. Even if a trust contains a spendthrift provision, the following shall apply: a.Special Needs (1)"Protected person" means a person who...
• Section 3b:31-38 - Discretionary Trusts; Effect Of Standard.
  3B:31-38. Discretionary Trusts; Effect of Standard. a.Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a...
• Section 3b:31-39 - Creditor's Claim Against Settlor.
  3B:31-39. Creditor's Claim Against Settlor. a.Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (1)During the lifetime...
• Section 3b:31-40 - Overdue Distribution.
  3B:31-40. Overdue Distribution. a.For the purposes of this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to...
• Section 3b:31-41 - Personal Obligations Of Trustee.
  3B:31-41. Personal Obligations of Trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent.
• Section 3b:31-42 - Capacity Of Settlor Of Revocable Trust.
  3B:31-42. Capacity of Settlor of Revocable Trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct...
• Section 3b:31-43 - Revocation Or Amendment Of Revocable Trust.
  3B:31-43. Revocation or Amendment of Revocable Trust. a.Unless the terms of a trust expressly provide that the trust is irrevocable, or that it is...
• Section 3b:31-44 - Settlor's Powers.
  3B:31-44. Settlor's Powers. While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee...
• Section 3b:31-45 - Limitation On Action Contesting Validity Of Revocable Trust; Distribution Of Trust Property.
  3B:31-45. Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property. a.A person may commence a judicial proceeding to contest the validity...
• Section 3b:31-46 - Accepting Or Declining Trusteeship.
  3B:31-46. Accepting or Declining Trusteeship. a.Except as otherwise provided in subsection c. of this section, a person designated as trustee accepts the trusteeship: (1)in...
• Section 3b:31-47 - Trustee's Bond.
  3B:31-47. Trustee's Bond. a.A trustee shall give bond to secure performance of the trustee's duties as prescribed by N.J.S.3B:15-1 et seq. if the court...
• Section 3b:31-48 - Co-trustees.
  3B:31-48. Co-trustees. a.Co-trustees who are unable to reach a unanimous decision may act by majority decision. A dissenting trustee who joins in carrying out...
• Section 3b:31-49 - Vacancy In Trusteeship; Appointment Of Successor.
  3B:31-49. Vacancy in Trusteeship; Appointment of Successor. a.A vacancy in a trusteeship occurs if: (1)a person designated as trustee renounces the trusteeship; (2)a person...
• Section 3b:31-50 - Resignation Of Trustee.
  3B:31-50. Resignation of Trustee. a.A trustee may resign: (1)upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, all co-trustees,...
• Section 3b:31-51 - Removal Of Trustee.
  3B:31-51. Removal of Trustee. a.The settlor, a co-trustee, or a beneficiary may request the court to remove a trustee, or a trustee may be...
• Section 3b:31-52 - Delivery Of Property By Former Trustee.
  3B:31-52. Delivery of Property by Former Trustee. a.Unless a co-trustee remains in office or the court otherwise orders, and until the trust property is...
• Section 3b:31-53 - Reimbursement Of Expenses.
  3B:31-53. Reimbursement of Expenses. a.In addition to the compensation allowed by N.J.S.3B:18-2 et seq., a trustee is entitled to be reimbursed out of the...
• Section 3b:31-54 - Duty To Administer Trust.
  3B:31-54. Duty to Administer Trust. Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms...
• Section 3b:31-55 - Duty Of Loyalty.
  3B:31-55. Duty of Loyalty. a.A trustee shall administer the trust with undivided loyalty to and solely in the best interests of the beneficiaries. b.Subject...
• Section 3b:31-56 - Duty Of Impartiality.
  3B:31-56. Duty of Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust...
• Section 3b:31-57 - Duty Of Prudent Administration.
  3B:31-57. Duty of Prudent Administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and...
• Section 3b:31-58 - Costs Of Administration.
  3B:31-58. Costs of Administration. In administering a trust, the trustee may incur only costs that are appropriate and reasonable in relation to the trust...
• Section 3b:31-59 - Duty To Use Special Skills.
  3B:31-59. Duty to Use Special Skills. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation...
• Section 3b:31-60 - Delegation By Trustee.
  3B:31-60. Delegation by Trustee. a.A trustee may delegate ministerial, administrative and management duties and powers that a prudent trustee of comparable skills could properly...
• Section 3b:31-61 - Powers To Direct.
  3B:31-61. Powers to Direct. a.While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms...
• Section 3b:31-62 - Powers To Direct Investment Functions.
  3B:31-62. Powers to Direct Investment Functions. a.When one or more persons are given authority by the terms of a governing instrument to direct, consent...
• Section 3b:31-63 - Control And Protection Of Trust Property.
  3B:31-63. Control and Protection of Trust Property. A trustee shall take reasonable steps to take control of and protect the trust property. L.2015, c.276,
• Section 3b:31-64 - Recordkeeping And Identification Of Trust Property.
  3B:31-64. Recordkeeping and Identification of Trust Property. a.A trustee shall keep adequate records of the administration of the trust. b.A trustee shall keep trust...
• Section 3b:31-65 - Duty To Enforce And Defend Claims.
  3B:31-65. Duty to Enforce and Defend Claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against...
• Section 3b:31-66 - Duty To Collect Trust Property And Redress Breaches Of Trust.
  3B:31-66. Duty to Collect Trust Property and Redress Breaches of Trust. a.A trustee shall take reasonable steps to compel a former trustee or other...
• Section 3b:31-67 - Duty To Disclose And Discretion To Periodically Report.
  3B:31-67. Duty to Disclose and Discretion to Periodically Report. a.A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration...
• Section 3b:31-68 - Discretionary Powers.
  3B:31-68. Discretionary Powers. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms...
• Section 3b:31-69 - General Powers Of Trustee.
  3B:31-69. General Powers of Trustee. a.Except as limited by section 1 of P.L.1996, c.41 (C.3B:11-4.1) and other express statutory restrictions, a trustee, without authorization...
• Section 3b:31-70 - Distribution Upon Termination.
  3B:31-70. Distribution Upon Termination. a.Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the...
• Section 3b:31-71 - Remedies For Breach Of Trust.
  3B:31-71. Remedies for Breach of Trust. a.A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of...
• Section 3b:31-72 - Damages For Breach Of Trust.
  3B:31-72. Damages for Breach of Trust. a.A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:...
• Section 3b:31-73 - Damages In Absence Of Breach.
  3B:31-73. Damages in Absence of Breach. a.A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the...
• Section 3b:31-74 - Limitation Of Action Against Trustee.
  3B:31-74. Limitation of Action Against Trustee. a.A beneficiary may not commence a proceeding against a trustee for breach of trust more than six months...
• Section 3b:31-75 - Reliance On Trust Instrument.
  3B:31-75. Reliance on Trust Instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument...
• Section 3b:31-76 - Event Affecting Administration Or Distribution.
  3B:31-76. Event Affecting Administration or Distribution. If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration...
• Section 3b:31-77 - Exculpation Of Trustee.
  3B:31-77. Exculpation of Trustee. a.A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that...
• Section 3b:31-78 - Beneficiary's Consent, Release, Or Ratification.
  3B:31-78. Beneficiary's Consent, Release, or Ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity,...
• Section 3b:31-79 - Limitation On Personal Liability Of Trustee.
  3B:31-79. Limitation on Personal Liability of Trustee. a.Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly...
• Section 3b:31-80 - Interest As General Partner.
  3B:31-80. Interest as General Partner. a.Except as otherwise provided in subsection c. of this section or unless personal liability is imposed in the contract,...
• Section 3b:31-81 - Certification Of Trust.
  3B:31-81. Certification of Trust. a.Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish...
• Section 3b:31-82 - Electronic Records And Signatures.
  3B:31-82. Electronic Records and Signatures. The provisions of this act governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and...
• Section 3b:31-83 - Severability Clause.
  3B:31-83. Severability Clause. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not...
• Section 3b:31-84 - Application To Existing Relationships.
  3B:31-84. Application to Existing Relationships. a.Except as otherwise provided in this act: (1)this act applies to all trusts created before, on, or after its...

Last modified: October 11, 2016