New Jersey Statutes

TITLE 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

Section 3B:1
- 3B:1-1 - Definitions A to H
- 3B:1-2 - Definitions I to Z
- 3B:1-3 - Devolution of property upon death
- 3B:1-4 - Contractual arrangements relating to death
- 3B:1-5 - Effect upon vested rights and remedies
- 3B:1-6 - Law governing rights, duties and powers of fiduciaries
- 3B:1-7 - Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decedent
- 3B:1-8 - Application of title to wills
- 3B:1-8.1 - Applicability of act
- 3B:1-9 - Effect of fraud and evasion
Section 3B:10
- 3B:10-1 - Grant of letters of administration
- 3B:10-10 - Executor de son tort
- 3B:10-11 - Administration ad prosequendum on death by wrongful act
- 3B:10-12 - Temporary administration
- 3B:10-13 - Duty to apply in this State for original letters of administration
- 3B:10-14 - Appointment of debtor as executor; debt not discharged
- 3B:10-15 - Appointment of substituted administrators
- 3B:10-16 - Decedent's will to be observed
- 3B:10-17 - Manner in which appointment shall be made
- 3B:10-18 - When appointment unnecessary
- 3B:10-19 - Commencement of duties and powers of a personal representative
- 3B:10-2 - To whom letters of administration granted
- 3B:10-20 - Ratification of prior acts
- 3B:10-21.1 - Appointment of person to control funeral, disposition of remains
- 3B:10-22 - Priority among letters
- 3B:10-23 - Duty of personal representative to settle and distribute estate
- 3B:10-24 - Liability for acts of administration or distribution
- 3B:10-25 - Standing to sue and be sued
- 3B:10-26 - Standards of care to be observed
- 3B:10-27 - Right to possession of property transferred in fraud of creditors
- 3B:10-28 - Expeditious settlement and distribution
- 3B:10-29 - Possession and control of estate
- 3B:10-3 - When spouse or domestic partner entitled to assets without administration
- 3B:10-30 - Power over title to property
- 3B:10-31 - Powers and duties of successor representative
- 3B:10-32 - Powers of surviving copersonal representative
- 3B:10-4 - When heirs entitled to assets without administration
- 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
- 3B:10-6 - Acts of administrator before notice of will
- 3B:10-7 - Ancillary administration on estate of nonresident intestate
- 3B:10-8 - Administration by creditor of nonresident decedent
- 3B:10-9 - Record of appointment of personal representative; evidentiary effect
Section 3B:11
- 3B:11-1 - Creator's reserved interest in trust alienable subject to creditors' claims
- 3B:11-10 - Provision included in trust instruments governing nonprofit corporations administering private foundation trusts
- 3B:11-11 - Provision included in trust instruments governing split-interest trusts or private foundation trusts
- 3B:11-12 - Execution of instrument stating certain provisions not applicable to trust; filing
- 3B:11-13 - Construction of article
- 3B:11-14 - Power of courts or Attorney General not impaired by article
- 3B:11-15 - Application of article
- 3B:11-16 - Pooled trust accounts
- 3B:11-16.1 - Definitions used in C.3B:11-16 et al.
- 3B:11-17 - Trustees' commission
- 3B:11-18 - Report; rules, regulations
- 3B:11-19 - Short title
- 3B:11-2 - Letters of trusteeship under a will
- 3B:11-20 - Findings
- 3B:11-21 - Purposes, policies
- 3B:11-22 - Definitions
- 3B:11-23 - Nonprofit corporations
- 3B:11-24 - Board
- 3B:11-25 - No compensation
- 3B:11-26 - Bylaws
- 3B:11-27 - Services; guardianship
- 3B:11-28 - Contributions; written statement of services
- 3B:11-29 - Itemized annual statement
- 3B:11-3 - Trustees construed to be joint tenants
- 3B:11-30 - Qualification of indigent persons
- 3B:11-31 - Special requests; individual trusts
- 3B:11-32 - Community trust irrevocable
- 3B:11-33 - Not deemed asset
- 3B:11-34 - Not subject to rule against perpetuities
- 3B:11-35 - Settlement, dissolution, merger
- 3B:11-36 - Findings, declarations regarding special needs trusts
- 3B:11-37 - Establishing an OBRA '93 trust
- 3B:11-38 - Trust funds for pets recognized as valid
- 3B:11-4 - Effect to be given consent by holders of general powers of appointment upon beneficiaries
- 3B:11-4.1 - Limitations on powers of trustees; applicability; "interested party" defined
- 3B:11-5 - Trustee's death or failure to act; appointment of new trustee by court; powers
- 3B:11-6 - Vacancy in trusteeship upon discharge or removal
- 3B:11-7 - Powers of new, substituted or additional trustees
- 3B:11-8 - Short title
- 3B:11-9 - Definitions
Section 3B:12
- 3B:12-1 - Power of the court to order a protective arrangement
- 3B:12-10 - Persons paying money or delivering property not liable for application
- 3B:12-11 - Affidavit of receipt; contents; filing
- 3B:12-12 - Jurisdiction of surrogate to appoint guardians for minors
- 3B:12-13 - Power to designate testamentary guardian
- 3B:12-14 - Consent of surviving parent; formal requisites
- 3B:12-15 - Appointment of testamentary guardian by surviving parent
- 3B:12-16 - Bond of testamentary guardian
- 3B:12-17 - Determination into fitness of a testamentary guardian of a minor's person
- 3B:12-18 - Effect of a testamentary appointment
- 3B:12-19 - Guardian for property of nonresident minor
- 3B:12-2 - Matters within a protective arrangement
- 3B:12-20 - Special guardian for consent to enlist; bond; fees
- 3B:12-21 - Persons entitled to appointment
- 3B:12-22 - Appointment when heirs are nonresidents
- 3B:12-23 - Guardian for child of absconding or absent parent
- 3B:12-24 - Issue of incapacity triable without jury unless jury is demanded
- 3B:12-24.1 - Determination by the court of need for guardianship services, specific services
- 3B:12-25 - Appointment of guardian
- 3B:12-26 - Action against incapacitated person when guardian newly appointed; leave of court required
- 3B:12-27 - Distribution of property of an incapacitated person as intestate property
- 3B:12-28 - Return to competency; restoration of estate
- 3B:12-29 - Appointment of guardian of the property for nonresident incapacitated person
- 3B:12-3 - Factors to be considered before approving a protective arrangement
- 3B:12-30 - Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment
- 3B:12-31 - Consent by surviving parent to guardian's appointment
- 3B:12-33 - Bond of testamentary guardian
- 3B:12-34 - Determination into fitness of a testamentary guardian of the person of an incapacitated person
- 3B:12-35 - Effect of a testamentary appointment
- 3B:12-36 - Authority of court with respect to ward's person and estate
- 3B:12-37 - Letters of guardianship to state any limitations at the time of appointment or later
- 3B:12-38 - Title to ward's property vested in guardian as trustee
- 3B:12-39 - Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations
- 3B:12-4 - Appointment of special guardian
- 3B:12-40 - Duty of guardian of ward's person to account to guardian of his estate
- 3B:12-41 - Guardian of ward's person entitled to reimbursement for expenses; payments to third persons
- 3B:12-42 - Reporting condition of ward's person and property to court
- 3B:12-43 - Expenditures to be made by guardian out of ward's estate
- 3B:12-44 - Recommendations 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
- 3B:12-46 - Persons for whose benefit expenditures may be made by guardian of ward's estate
- 3B:12-47 - Persons to whom funds may be paid
- 3B:12-48 - Powers conferred upon a guardian
- 3B:12-49 - Powers conferred upon the court
- 3B:12-5 - Right of alleged incapacitated person to trial on issue of incapacity
- 3B:12-50 - Additional powers which may be exercised by the court
- 3B:12-51 - Powers and responsibilities of a guardian of the person of a minor generally
- 3B:12-52 - Powers and duties of a guardian of the person of a minor
- 3B:12-53 - Powers and duties of a guardian of the estate of an unmarried minor as guardian of the minor's person
- 3B:12-54 - Duty of guardian to deliver property when minor attains 18 years of age
- 3B:12-54.1 - Trusts for certain beneficiaries providing deferred distribution of funds
- 3B:12-55 - When authority and responsibility of guardian terminate
- 3B:12-56 - Powers, rights and duties of a guardian of the person of a ward generally
- 3B:12-57 - Powers and duties of a guardian of the person of a ward
- 3B:12-58 - Gifts to charities and other objects
- 3B:12-59 - Purchase of real property for use of an incapacitated person and his dependents
- 3B:12-6 - Circumstances under which money may be paid or personal property delivered
- 3B:12-60 - Guardian's duty with respect to will of deceased incapacitated person
- 3B:12-61 - Power of guardian to act as personal representative of the estate of a deceased incapacitated person
- 3B:12-62 - Factors to be considered by the court or guardian in exercising certain powers
- 3B:12-63 - Guardian's final account and delivery of property upon termination of guardianship
- 3B:12-64 - When authority and responsibility of guardian terminate
- 3B:12-65 - Vacancy in guardianship
- 3B:12-66 - Filling vacancy in guardianship
- 3B:12-66.1 - Removal from New Jersey after appointment of guardian
- 3B:12-66.2 - Transfer into New Jersey of guardianship established in another state
- 3B:12-67 - Short title
- 3B:12-68 - Findings, declarations
- 3B:12-69 - Definitions
- 3B:12-7 - When payment of money or delivery of property prohibited
- 3B:12-70 - Jurisdiction
- 3B:12-71 - Applicability
- 3B:12-72 - Appointment of standby guardian by court
- 3B:12-73 - Immediate assumption of duties of appointed standby guardian; revocation in writing
- 3B:12-74 - Designation of standby guardian by parent
- 3B:12-75 - Immediate assumption of duties of designated standby guardian; revocation
- 3B:12-76 - Petition for judicial appointment of designated standby guardian
- 3B:12-77 - Notice of petition to child
- 3B:12-78 - Filing, delivery of appointment, designation
- 3B:12-8 - Application of money and property; reimbursement for out-of-pocket expenses
- 3B:12-9 - Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age
Section 3B:12A
- 3B:12A-1 - Findings, declarations relative to kinship legal guardianship
- 3B:12A-2 - Definitions relative to kinship legal guardianship
- 3B:12A-3 - Jurisdiction, venue
- 3B:12A-4 - Rights, responsibilities, authority of kinship legal guardian
- 3B:12A-5 - Appointment as kinship legal guardian; contents of petition
- 3B:12A-6 - Considerations for appointment as kinship legal guardian
- 3B:12A-7 - Court rules
Section 3B:13
- 3B:13-1 - Short title
- 3B:13-10 - Filing account with Federal agency
- 3B:13-11 - Times for accounting
- 3B:13-12 - Notice to Federal agency
- 3B:13-13 - Accounting without filing vouchers
- 3B:13-14 - Removal of guardian for failure to account; costs
- 3B:13-15 - Investments
- 3B:13-16 - Support of dependents
- 3B:13-17 - Compensation of guardian
- 3B:13-18 - Authorization for guardian of incompetent ward to receive additional personal property not exceeding $10,000.00
- 3B:13-19 - Direction of court for expenditure required; investment
- 3B:13-2 - Definitions
- 3B:13-20 - Fees
- 3B:13-21 - Appointment of public guardian for veterans
- 3B:13-22 - Guardian's bond
- 3B:13-23 - Salary of public guardian
- 3B:13-24 - Duties of public guardian as adviser of other guardians
- 3B:13-25 - Discharge and removal of public guardian
- 3B:13-26 - Public guardian may be appointed general guardian for veteran
- 3B:13-27 - Powers of public guardian as guardian of veterans' estates
- 3B:13-28 - Settlement of accounts
- 3B:13-29 - Termination of guardianship; settlement of account
- 3B:13-3 - General rules of construction
- 3B:13-30 - Settlement of accounts upon expiration of public guardian's term
- 3B:13-31 - Counsel to represent public guardian; compensation
- 3B:13-4 - Fees and costs
- 3B:13-5 - No charges to be made for copies of certain records
- 3B:13-6 - Determination of incompetency by Superior Court
- 3B:13-7 - Guardians; when and how appointed
- 3B:13-8 - Guardian to have no more than five wards; exceptions
- 3B:13-9 - Filing account with the court
Section 3B:13A
- 3B:13A-1 - Definitions
- 3B:13A-10 - Power of attorney; filing; contents
- 3B:13A-11 - Service of process
- 3B:13A-12 - "Process" defined
- 3B:13A-13 - Bond
- 3B:13A-14 - Conditions of bond
- 3B:13A-15 - Bond premium
- 3B:13A-16 - Limitations on appointment of conservator
- 3B:13A-17 - Inventory
- 3B:13A-18 - Expenditures to be made by conservator out of conservatee's estate
- 3B:13A-19 - Recommendations to be considered by conservator in making expenditures
- 3B:13A-2 - Civil action to appoint conservator
- 3B:13A-20 - Other factors to be considered by conservator in making expenditures
- 3B:13A-21 - Persons for whose benefit expenditures may be made
- 3B:13A-22 - Persons to whom funds may be paid
- 3B:13A-23 - Powers conferred upon conservator
- 3B:13A-24 - Expansion or limitation of conservator's powers
- 3B:13A-25 - Formal accounting
- 3B:13A-26 - Effect of judgment allowing intermediate account
- 3B:13A-27 - Annual informal report or accounting
- 3B:13A-28 - Personal liability of conservator on contracts
- 3B:13A-29 - Personal liability of conservator for obligations arising from control of estate
- 3B:13A-3 - Appointment of counsel to represent conservatee
- 3B:13A-30 - Asserting claims against estate
- 3B:13A-31 - Determining issues of liability between estate and conservator
- 3B:13A-32 - Liability of conservator for improper exercise of power concerning estate
- 3B:13A-33 - Termination of conservatorship by conservatee
- 3B:13A-34 - Termination of conservatorship upon death or incompetency of conservatee
- 3B:13A-35 - Substituted conservator
- 3B:13A-36 - Conservator's compensation
- 3B:13A-4 - Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend
- 3B:13A-5 - By whom action for appointment of conservator in behalf of conservatee may be brought
- 3B:13A-6 - Service of notice to appoint conservator
- 3B:13A-7 - Right of persons to be heard
- 3B:13A-8 - Designation of conservator
- 3B:13A-9 - Acceptance of appointment
Section 3B:14
- 3B:14-1 - Survivorship and succession among cofiduciaries; duties and powers
- 3B:14-10 - Cofiduciaries; terms of instrument
- 3B:14-11 - Substituted fiduciary; bond
- 3B:14-12 - Substituted fiduciary; powers and duties
- 3B:14-13 - Reinstatement of original fiduciary
- 3B:14-14 - Termination of substituted fiduciary's powers and duties; accounting and delivery of assets
- 3B:14-15 - Powers and duties of reinstated fiduciary
- 3B:14-16 - Commissions; apportionment
- 3B:14-17 - More than one substituted fiduciary
- 3B:14-18 - Discharge from office of fiduciary; account; allowances
- 3B:14-19 - Discharge from particular trust; effect
- 3B:14-2 - Appointment of substituted fiduciary in place of one deceased or removed
- 3B:14-20 - Discharge of one or more joint fiduciaries
- 3B:14-21 - Removal for cause
- 3B:14-22 - Discharge or removal not to release fiduciary or sureties from certain liabilities
- 3B:14-23 - Powers
- 3B:14-24 - Authorization to exercise other powers
- 3B:14-25 - Payment of debt or delivery of certain personal property; requirements
- 3B:14-26 - Release upon payment or delivery in good faith
- 3B:14-27 - When payment or delivery may not be made
- 3B:14-28 - Filing proof of domiciliary foreign fiduciary's authority
- 3B:14-29 - Exercise of powers by domiciliary foreign fiduciary; security for costs
- 3B:14-3 - Powers and duties of substituted fiduciary
- 3B:14-30 - Termination of domiciliary foreign fiduciary's powers; protection of third persons; exercise of powers binding on local fiduciary
- 3B:14-31 - Personal liability of fiduciary on contracts
- 3B:14-32 - Personal liability for obligations arising from ownership or control of estate; torts
- 3B:14-33 - Asserting claims against estate
- 3B:14-34 - Determining issues of liability between estate and fiduciary
- 3B:14-35 - Liability of fiduciary for improper exercise of power concerning estate
- 3B:14-36 - Voidable sales, encumbrances or transactions; exceptions
- 3B:14-37 - Protection of persons assisting or dealing with fiduciary
- 3B:14-38 - Actions by fiduciaries
- 3B:14-39 - Several fiduciaries sued; judgment and execution
- 3B:14-4 - Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor
- 3B:14-40 - No actions against personal representatives within 6 months of grants of letters; exceptions; execution
- 3B:14-41 - Actions against fiduciaries; proof of proper administration
- 3B:14-42 - Recovery of damages for injury to property subsequently transferred
- 3B:14-43 - Adjudication binding on local fiduciary
- 3B:14-44 - Discovery of assets in action by fiduciary
- 3B:14-45 - Discovery of assets in action against the fiduciary
- 3B:14-46 - "Process" defined
- 3B:14-47 - Fiduciary to file power of attorney; requisites of power
- 3B:14-48 - Service of process
- 3B:14-49 - Submission to jurisdiction of courts
- 3B:14-5 - Removed or discharged fiduciary to deliver assets to successor
- 3B:14-50 - Jurisdiction by act of decedent
- 3B:14-51 - Service of process
- 3B:14-52 - Short title
- 3B:14-53 - Definitions
- 3B:14-54 - Application of payments of money or transfer of property made to fiduciaries
- 3B:14-55 - Check drawn by and payable to fiduciary
- 3B:14-56 - Deposit in name of fiduciary; checks; when bank liable
- 3B:14-57 - Checks drawn by fiduciary upon principal's account
- 3B:14-58 - Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks
- 3B:14-59 - Deposit in names of two or more trustees; liability of payee, holder or bank
- 3B:14-6 - Penalty for failure of removed or discharged fiduciary to account or deliver assets
- 3B:14-60 - Cases not provided for in article
- 3B:14-61 - Uniformity of interpretation
- 3B:14-62 - Abandonment of real property may be authorized
- 3B:14-63 - Directions of court when abandonment ordered
- 3B:14-64 - Order approving abandonment of real property by fiduciary and authorizing conveyance of title
- 3B:14-65 - Public liability after abandonment but before being divested of title
- 3B:14-7 - Account of removed or discharged fiduciary
- 3B:14-8 - "Engaged in war service" defined
- 3B:14-9 - Appointment of substitute for fiduciary engaged in war service
Section 3B:15
- 3B:15-1 - Bonds of fiduciaries; exceptions
- 3B:15-10 - When fiduciary required to account and give separate security to surety
- 3B:15-11 - When deposit permitted
- 3B:15-12 - Bond after deposit
- 3B:15-13 - How deposits made and withdrawn
- 3B:15-14 - Additional bond upon withdrawals
- 3B:15-15 - Depository to issue duplicate deposit certificates
- 3B:15-16 - Deposit and investment
- 3B:15-17 - Investment by surrogate
- 3B:15-17.1 - Payment at age 18
- 3B:15-18 - Discharge of surety from liability for future acts of fiduciary, receiver or assignee
- 3B:15-19 - Discharge of surety for fiduciary or assignee after final account
- 3B:15-2 - Bonds not to be approved unless prescribed conditions are included
- 3B:15-20 - Effect of discharge of surety
- 3B:15-21 - Reduction of fiduciary's bond; discharge of original sureties
- 3B:15-22 - Discharge of fiduciary from liability on bond without surety
- 3B:15-23 - Proof of order to limit creditors required in certain cases
- 3B:15-25 - Court in which to bring proceedings to assess damages, to satisfy judgment or to discontinue action
- 3B:15-26 - Proceedings to satisfy judgment on bond; notice to claimants
- 3B:15-27 - Presentation of claims
- 3B:15-28 - Exceptions; trial
- 3B:15-29 - Satisfaction of judgment
- 3B:15-3 - Bond where will requires bond and fails to name obligee; prosecution
- 3B:15-30 - Application to have action on bond discontinued
- 3B:15-31 - Discontinuance of action on bond
- 3B:15-32 - Unsatisfied claims
- 3B:15-33 - Bonds not invalidated because of abolition of certain offices or courts
- 3B:15-4 - Bond when property unsafe or in danger of waste
- 3B:15-5 - Conditions of bond on grant of intestate administration
- 3B:15-6 - Conditions of bonds on certain grants of administration
- 3B:15-7 - Conditions of bonds of guardians of minors and mental incompetents
- 3B:15-8 - Allowance of expense of procuring surety bond of fiduciary, receiver or assignee
- 3B:15-9 - Additional surety when original sureties and bond insufficient
Section 3B:16
- 3B:16-1 - General requisites
- 3B:16-2 - Inventory and appraisal to be made and filed
- 3B:16-3 - Appointment of appraisers
- 3B:16-4 - Property to be included in inventory and appraisal
- 3B:16-5 - Exemption for benefit of decedent's family
- 3B:16-6 - Proof of inventory and exempt list
- 3B:16-7 - Selection of property to be exempted
- 3B:16-8 - Inventory of guardian of the estate of a minor or mental incompetent
Section 3B:17
- 3B:17-1 - Fiduciary filing release by ward or cestui que trust
- 3B:17-10 - Settling accounts in the Superior Court
- 3B:17-11 - Surrogate's fees
- 3B:17-12 - Fiduciary, receiver or assignee; rental of safe deposit box; expenses of safe-keeping of securities
- 3B:17-13 - Effect of nonjudicial settlement or waiver of account
- 3B:17-2 - Accounts of personal representatives
- 3B:17-3 - Accounts of guardians and trustees
- 3B:17-4 - Account and bond required of cofiduciary
- 3B:17-5 - Account by representative of deceased fiduciary
- 3B:17-6 - Examination of accountant on exceptions to account
- 3B:17-7 - Statements or information regarding assets as part of account
- 3B:17-8 - Effect of judgment allowing account
- 3B:17-9 - Nontestamentary trustee defined
Section 3B:18
- 3B:18-10 - Notice to recipient of property
- 3B:18-11 - Manner of payment of additional compensation
- 3B:18-12 - Definition of fiduciary
- 3B:18-13 - Income commissions
- 3B:18-14 - Corpus commissions
- 3B:18-16 - Corpus commissions; unusual or extraordinary services
- 3B:18-17 - Taking annual amounts on account of corpus commissions
- 3B:18-18 - Value of assets for computing commissions taken annually
- 3B:18-19 - Failure to take commissions annually shall not constitute a waiver thereof
- 3B:18-2 - Commissions of nontestamentary trustee
- 3B:18-20 - Corpus commissions taken annually subject to review
- 3B:18-21 - Burden of proving value
- 3B:18-22 - When rates for corpus commissions taken annually effective
- 3B:18-23 - "Fiduciary" defined
- 3B:18-24 - Income commissions
- 3B:18-25 - Fiduciaries may take annual commissions on corpus
- 3B:18-25.1 - Taking annual amount on accounts of corpus commissions: two or more fiduciaries
- 3B:18-25.2 - Powers of qualified bank; duties of agent
- 3B:18-26 - Failure to take commissions annually shall not constitute a waiver thereof
- 3B:18-27 - Commissions taken annually subject to review
- 3B:18-28 - Corpus commissions on termination of trust, guardianship or upon distribution of assets
- 3B:18-29 - Corpus commissions; unusual or extraordinary services
- 3B:18-3 - Provision in will for specific compensation
- 3B:18-30 - Burden of proving value
- 3B:18-31 - Authorization in testator's will as to commissions exceeding legal rates
- 3B:18-32 - When rates for corpus commissions taken annually effective
- 3B:18-33 - When rates of corpus commissions on termination of trusts or guardianship effective
- 3B:18-4 - Disputes between fiduciaries as to apportionment
- 3B:18-5 - Fiduciary removed from office; forfeiture of commissions
- 3B:18-6 - Legal fees for attorney also serving as fiduciary
- 3B:18-7 - Annual statement relating to corpus commissions taken
- 3B:18-8 - Definitions
- 3B:18-9 - Additional compensation
Section 3B:19B
- 3B:19B-1 - Short title
- 3B:19B-10 - Character of receipts
- 3B:19B-11 - Distribution from trust or estate
- 3B:19B-12 - Business and other activities conducted by trustee
- 3B:19B-13 - Principal receipts
- 3B:19B-14 - Rental property
- 3B:19B-15 - Obligation to pay money
- 3B:19B-16 - Insurance policies and similar contracts
- 3B:19B-17 - Deferred compensation, retirement benefits, annuities, and similar payments
- 3B:19B-18 - Liquidating asset
- 3B:19B-19 - Minerals, water and other natural resources
- 3B:19B-2 - Definitions
- 3B:19B-20 - Timber
- 3B:19B-21 - Property not productive of income
- 3B:19B-22 - Derivatives and options
- 3B:19B-23 - Asset-backed securities
- 3B:19B-24 - Disbursements from income
- 3B:19B-25 - Disbursements from principal
- 3B:19B-26 - Transfers from income to principal for depreciation
- 3B:19B-27 - Transfer from income to reimburse principal
- 3B:19B-28 - Income taxes
- 3B:19B-29 - Uniformity of application and construction
- 3B:19B-3 - Fiduciary duties; general principles
- 3B:19B-30 - Application of act to existing and future trusts and estates
- 3B:19B-31 - Judicial control of discretionary powers
- 3B:19B-4 - Trustee's power to adjust
- 3B:19B-5 - Determination and distribution of net income
- 3B:19B-6 - Distribution to residuary and remainder beneficiaries
- 3B:19B-7 - When right to income begins and ends
- 3B:19B-8 - Apportionment of receipts and disbursements when decedent dies or income interest begins
- 3B:19B-9 - Apportionment when income interest ends
Section 3B:2
- 3B:2-1 - Jurisdiction of Superior Court not affected
- 3B:2-2 - General authority of Superior Court as to probate matters
- 3B:2-3 - Jurisdiction of Superior Court over surrogate's proceedings
- 3B:2-4 - Proceedings in Superior Court on order to show cause
- 3B:2-5 - Disputes or doubts in proceedings before the surrogate
- 3B:2-6 - Oath; affidavit; deposition or proof
- 3B:2-7 - Issuance of subpoenas by surrogate
- 3B:2-8 - Penalty for failure to obey subpoena
Section 3B:20
- 3B:20-1 - Definitions
- 3B:20-10 - Investments by court order upon change in conditions
- 3B:20-11.1 - Short title
- 3B:20-11.10 - Delegation of investment, management functions by fiduciary
- 3B:20-11.11 - Construction of terms
- 3B:20-11.12 - Applicability of act
- 3B:20-11.2 - Compliance by fiduciary with prudent investor rule
- 3B:20-11.3 - Investments, management of trust assets by fiduciary
- 3B:20-11.4 - Diversification of investments
- 3B:20-11.5 - Assets to be managed in interest of beneficiaries
- 3B:20-11.6 - Impartiality of fiduciary
- 3B:20-11.7 - Review of trust assets
- 3B:20-11.8 - Incurrence of costs by fiduciary
- 3B:20-11.9 - Rule expresses standard of conduct
- 3B:20-18 - Authority to exchange or convert securities
- 3B:20-19 - Fiduciary as issuing corporation
- 3B:20-21 - Definitions
- 3B:20-22 - Authority to exchange or convert
- 3B:20-23 - Banking institution acting as fiduciary
- 3B:20-25 - Application of article
- 3B:20-26 - Short title
- 3B:20-27 - Definitions
- 3B:20-28 - Deposit of securities by fiduciary
- 3B:20-29 - Merger of certificates deposited
- 3B:20-3 - Corporate fiduciary may register securities in name of nominee without disclosing fiduciary capacity
- 3B:20-30 - Records of securities deposited
- 3B:20-31 - Transfer of ownership in securities deposited
- 3B:20-32 - Rules and regulations governing banking institutions
- 3B:20-33 - Certification of securities deposited
- 3B:20-34 - Application of article
- 3B:20-35 - Construction of article
- 3B:20-4 - Corporate fiduciary liable for loss caused by acts of nominee
- 3B:20-5 - Limitation on authority to register securities in name of nominee
- 3B:20-7 - Directions of court concerning the sale, conversion or retention of investments
- 3B:20-8 - Protection afforded fiduciary continuing investments under court order
- 3B:20-9 - Application to court upon change in conditions
Section 3B:21
- 3B:21-1 - Removal of property from the State
- 3B:21-2 - Meaning of term "personal property"
- 3B:21-3 - Proof of authority of, and giving of security by, guardian or trustee
- 3B:21-4 - When removal will be denied
- 3B:21-5 - Effect of judgment for removal and transfer
Section 3B:22
- 3B:22-1 - Waiver of statutes of limitations
- 3B:22-10 - Presentation of claim
- 3B:22-11 - Acceptance or rejection of claim
- 3B:22-12 - Action on unrejected claim
- 3B:22-13 - Failure to sue after notice to perfect claim; claim debarred
- 3B:22-14 - Direction of court before paying claims not presented within 9-month period
- 3B:22-15 - Failure to file refunding bond; presumption that devise or distributive share remains unpaid
- 3B:22-16 - Action upon refunding bond of devisee or heir
- 3B:22-17 - Defense to action on fiduciary's bond in certain cases
- 3B:22-18 - Action on refunding bond of ultimate devisee or heir
- 3B:22-19 - Assets being administered here subject to claims established wherever personal representative appointed
- 3B:22-2 - Order of priority of claims when assets insufficient
- 3B:22-20 - Payment of claims where assets insufficient
- 3B:22-21 - Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative
- 3B:22-22 - Real property liable only 1 year for debts
- 3B:22-23 - Time not extended by general words in will
- 3B:22-24 - Article not to affect liability of heirs or devisees
- 3B:22-25 - Sale of property subject to escheat to pay debts
- 3B:22-26 - Direction of court as to sale
- 3B:22-27 - Estate passed by sale or conveyance
- 3B:22-28 - Effect of confirmation
- 3B:22-29 - Accounting; surplus from sale payable to State Treasurer
- 3B:22-3 - Abatement for purpose of paying claims and debts
- 3B:22-30 - Distribution by State Treasurer; proof of claim required of claimants
- 3B:22-31 - Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee
- 3B:22-32 - Distribution among creditors to be pro rata; preferred debts excepted
- 3B:22-33 - Claims not presented in time barred; exception; extension of time
- 3B:22-34 - Authority of court to pass upon claims against the estate and upon amount and value of estate
- 3B:22-35 - Judgment of insolvency; sale of assets
- 3B:22-36 - Proceeds; distribution
- 3B:22-37 - Residue after debts to go to heirs or devisees
- 3B:22-38 - Certain actions against personal representative saved
- 3B:22-39 - "Heirs and devisees" defined
- 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:22-40 - Heirs and devisees liable for debt of decedent
- 3B:22-41 - Joinder of parties
- 3B:22-42 - General judgment; special judgment
- 3B:22-43 - Liability in case of sale or transfer of estate
- 3B:22-44 - Contribution between heirs and devisees liable
- 3B:22-5 - Liquidated claims payable in future
- 3B:22-6 - Payment of claim not legally presented; effect; allowance in personal representative's account
- 3B:22-7 - Allowance or rejection of claims within 3 months
- 3B:22-8 - Commencement of action by creditor on disputed claim within 3 months after notice
Section 3B:23
- 3B:23-1 - Distribution of assets in kind
- 3B:23-10 - Distribution to guardian
- 3B:23-11 - Interest on general pecuniary devise
- 3B:23-12 - Abatement generally
- 3B:23-13 - General devise charged upon specific property or fund
- 3B:23-14 - Where will expresses order of abatement
- 3B:23-15 - Abatement where subject of specific devise sold
- 3B:23-16 - Distribution by order of court
- 3B:23-17 - Judgment for distribution
- 3B:23-18 - Distribution; when made
- 3B:23-19 - Order for filing claims of unknown distributees
- 3B:23-2 - Valuation of assets
- 3B:23-21 - Unclaimed estate assets
- 3B:23-22 - Deposit in court of money or other property of devisee, heir or beneficiary of trust in certain cases
- 3B:23-23 - Letters of trusteeship required before transfer to trustee
- 3B:23-24 - Refunding bond of devisee or distributee
- 3B:23-25 - Amount of bond; form
- 3B:23-26 - Condition of devisee's bond
- 3B:23-27 - Condition of distributee's bond
- 3B:23-28 - Bonds required of holders of determinable interests; in general
- 3B:23-29 - Bond when remainderman is lineal descendant of holder of determinable estate
- 3B:23-3 - Method of distribution
- 3B:23-30 - Bond when the personal representative is holder of a determinable estate
- 3B:23-31 - Actions for distributive shares
- 3B:23-32 - Limitations on enforcement of devise
- 3B:23-33 - Action for devise
- 3B:23-34 - Conditions precedent to suit for devise
- 3B:23-35 - Extent of recovery
- 3B:23-36 - Plea of want of assets; procedure
- 3B:23-37 - Apportionment of certain real estate to pay devise
- 3B:23-38 - Effect of apportionment; filing and recording papers
- 3B:23-39 - Deposit with court; effect
- 3B:23-4 - Proposal of distribution; contents; time to object
- 3B:23-40 - Payment of interest on moneys deposited
- 3B:23-41 - Return of devise pro rata
- 3B:23-42 - Distribution of nonresident decedent's estate
- 3B:23-43 - Right of retainer
- 3B:23-5 - Instrument of distribution
- 3B:23-6 - Proof of delivery of instrument of distribution conclusive evidence of distributee's receipt of assets; exception
- 3B:23-7 - Protection of purchaser from or lender to distributee
- 3B:23-8 - Partition for purpose of distribution
- 3B:23-9 - Agreement among successors binding on personal representative
Section 3B:24
- 3B:24-1 - Definitions
- 3B:24-2 - Apportionment of tax among fiduciary and transferees interested in gross tax estate
- 3B:24-3 - Apportionment of tax where temporary interest is created
- 3B:24-4 - Apportionment of tax to transferees in absence of directions to contrary
- 3B:24-5 - Limitation on direction for apportionment or nonapportionment of tax
- 3B:24-6 - Recovery by fiduciary from transferees or others in possession of property included in tax
- 3B:24-7 - Transfer or distribution of property; duties and liabilities of fiduciary
- 3B:24-8 - Jurisdiction of Superior Court
Section 3B:25
- 3B:25-1 - Nonexoneration of property subject to mortgage or security interest; exception
Section 3B:26
- 3B:26-1 - Definition of absent person
- 3B:26-2 - Appointment of trustee for absent person; general duties and powers
- 3B:26-3 - Distribution or other disposition of property
- 3B:26-4 - Powers, duties and responsibilities of trustee or court
Section 3B:27
- 3B:27-1 - Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event
- 3B:27-2 - Restoration and recovery of property upon reappearance of absentee
- 3B:27-3 - Protection of personal representative or trustee making distribution
- 3B:27-4 - Real estate transaction in which an absentee has an interest; title
- 3B:27-5 - Absentee later proved alive entitled to proceeds of transaction
- 3B:27-6 - Action to be brought in Superior Court
Section 3B:28
- 3B:28-1 - Estates of dower and curtesy prior to May 28, 1980
- 3B:28-10 - N.J.S. 3A:36-2 saved from repeal
- 3B:28-11 - N.J.S. 3A:36-3 saved from repeal
- 3B:28-12 - N.J.S. 3A:36-4 saved from repeal
- 3B:28-13 - N.J.S. 3A:36-5 saved from repeal
- 3B:28-14 - N.J.S. 3A:37-1 saved from repeal
- 3B:28-15 - N.J.S. 3A:37-2 saved from repeal
- 3B:28-16 - N.J.S. 3A:37-3 saved from repeal
- 3B:28-17 - N.J.S. 3A:37-4 saved from repeal
- 3B:28-18 - N.J.S. 3A:37-5 saved from repeal
- 3B:28-19 - N.J.S. 3A:37-6 saved from repeal
- 3B:28-2 - No right of dower or curtesy created on or after May 28, 1980
- 3B:28-3 - Right of joint possession of principal matrimonial residence where no dower or curtesy applies; alienation
- 3B:28-3.1 - Joint occupancy of principal matrimonial residence; mortgage lien
- 3B:28-4 - N.J.S. 3A:16-16 saved from repeal
- 3B:28-5 - N.J.S. 3A:16-17 saved from repeal
- 3B:28-6 - N.J.S. 3A:25-12 saved from repeal
- 3B:28-7 - N.J.S. 3A:35-3 saved from repeal
- 3B:28-8 - N.J.S. 3A:35-4 saved from repeal
- 3B:28-9 - N.J.S. 3A:36-1 saved from repeal
Section 3B:29
- 3B:29-1 - Laws repealed
Section 3B:3
- 3B:3-1 - Individuals competent to make a will and appoint a testamentary guardian
- 3B:3-10 - Incorporation by reference
- 3B:3-11 - Identifying devise of tangible personal property by separate writing
- 3B:3-12 - Acts and events of independent significance
- 3B:3-13 - Revocation by writing or by act
- 3B:3-14 - Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse
- 3B:3-15 - Revival of revoked will
- 3B:3-16 - Methods of altering will
- 3B:3-17 - Probate of will and grant of letters
- 3B:3-18 - Necessity to probate will to transfer property or nominate executor
- 3B:3-19 - Proof required to probate will
- 3B:3-2 - Execution; witnessed wills; writings intended as wills
- 3B:3-2.1 - Creation, maintenance of will registry; fees
- 3B:3-2.2 - Regulations
- 3B:3-20 - Probate of a will of testator who died in military service or within 2 years of discharge
- 3B:3-21 - Probate of will where witnesses are in service in time of war
- 3B:3-22 - Time for probate of will; preliminary filing
- 3B:3-23 - Proof of execution required in contested probate action
- 3B:3-24 - Where a will of a resident is to be probated; effect of failure to probate
- 3B:3-25 - Filing probate record with surrogate of any county
- 3B:3-26 - Probate of will of nonresident probated in another state or country
- 3B:3-27 - Recording of will of nonresident probated in another state or country
- 3B:3-28 - Probate of will of nonresident decedent where property situated in New Jersey
- 3B:3-28.1 - Probate of will of nonresident where laws of decedent's domicile are discriminatory
- 3B:3-29 - Order to compel production of purported will
- 3B:3-3 - Writings intended as wills
- 3B:3-30 - Allowances by Superior Court to spouse or children pending contest over probate of will
- 3B:3-32 - Requirement of survival by 120 hours; exceptions; survivorship with respect to future interests
- 3B:3-33 - Choice of law as to meaning and effect of wills; testator's intention; rules of construction
- 3B:3-33.1 - Testator's intention; settlor's intention; rules of construction applicable to wills, trusts and other governing instruments
- 3B:3-34 - Will construed to pass all property of testator including after-acquired property
- 3B:3-35 - Anti-lapse; deceased devisee; class gifts
- 3B:3-36 - Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator
- 3B:3-37 - Residuary devise to two or more residuary devisees; death of one or more before testator
- 3B:3-38 - Construction of words "die without issue" or "die without descendants"
- 3B:3-39 - Construction when "heirs and assigns" omitted from devise; fee passed
- 3B:3-4 - Making will self-proved at time of execution
- 3B:3-40 - Words importing estate in fee not to prevent further devise
- 3B:3-41 - Issue and descendants to take by representation
- 3B:3-42 - Increase in securities, accessions
- 3B:3-43 - Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent
- 3B:3-44 - Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure
- 3B:3-45 - Exercise of power of appointment
- 3B:3-46 - Ademption by satisfaction
- 3B:3-47 - Penalty clause for contesting will
- 3B:3-48 - Construction of generic terms included in class gift terminology
- 3B:3-49 - Effect of final order of court of another state admitting will to probate or determining validity or construction
- 3B:3-5 - Making will self-proved subsequent to time of execution
- 3B:3-6 - Validating acknowledgment
- 3B:3-7 - Who may witness a will
- 3B:3-8 - Will not invalidated if signed by interested witness
- 3B:3-9 - Laws determining valid execution of will
Section 3B:30
- 3B:30-1 - Short title.
- 3B:30-10 - Transfer on death, effectiveness
- 3B:30-11 - Establishment of terms, conditions by registering entity
- 3B:30-12 - Construction of act
- 3B:30-2 - Definitions
- 3B:30-3 - Individuals, multiple owners, registration of a security.
- 3B:30-4 - Registration of security in beneficiary form.
- 3B:30-5 - Designation of beneficiary, registration in beneficiary form
- 3B:30-6 - "Transfer on death," "pay on death"
- 3B:30-7 - No effect on ownership, cancellation, change permitted
- 3B:30-8 - Passage of security to beneficiary, reregistration
- 3B:30-9 - Rights of registering entity
Section 3B:4
- 3B:4-1 - Short title
- 3B:4-2 - Devise to trustee of trust created other than by testator's will
- 3B:4-3 - Devise not invalidated because trust is amendable or revocable
- 3B:4-4 - Administration of trust
- 3B:4-5 - Lapse of devise
Section 3B:5
- 3B:5-1 - Requirement that heir survive decedent by 120 hours
- 3B:5-10 - Establishment of Parent-Child Relationship
- 3B:5-11 - Debt to decedent
- 3B:5-12 - Aliens not disqualified; individuals related to decedent through two lines
- 3B:5-13 - Advancements
- 3B:5-14 - Tenancy in common; marriage and domestic partnership settlements
- 3B:5-14.1 - "Minor" defined; loss of right to intestate succession by parent, certain circumstances
- 3B:5-15 - Entitlement of spouse or domestic partner; premarital will
- 3B:5-16 - Omitted children
- 3B:5-2 - Intestate estate
- 3B:5-3 - Intestate share of decedent's surviving spouse or domestic partner
- 3B:5-4 - Intestate shares of heirs other than surviving spouse or domestic partner
- 3B:5-5.1 - Diligent inquiry by fiduciary to find heirs
- 3B:5-6 - Determining representation
- 3B:5-7 - Relatives of the half blood
- 3B:5-8 - After born heirs
- 3B:5-9 - Adopted child
Section 3B:6
- 3B:6-1 - Short title
- 3B:6-2 - Disposition of property of persons dying simultaneously
- 3B:6-3 - Division of property, two or more beneficiaries
- 3B:6-4 - Division of property, joint tenants or tenants by the entirety
- 3B:6-5 - Distribution of proceeds of life or accident policies
- 3B:6-6 - Chapter not to apply in certain cases
- 3B:6-7 - Construction and interpretation
Section 3B:7
- 3B:7-1.1 - Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations
- 3B:7-1.2 - Effect of revocation
- 3B:7-5 - Other acquisitions of property by decedent's killer
- 3B:7-6 - Effect of final judgment of conviction
- 3B:7-7 - Rights of purchasers; protection of payors and other third parties
Section 3B:8
- 3B:8-1 - Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions
- 3B:8-10 - Waiving right to an elective share
- 3B:8-11 - Who may exercise the right to take an elective share
- 3B:8-12 - Filing complaint for elective share; extension of time
- 3B:8-13 - Notice of hearing
- 3B:8-14 - Withdrawal of demand for an elective share
- 3B:8-15 - Fixing amount of elective share; payment of elective share
- 3B:8-16 - Enforcing judgment
- 3B:8-17 - Value of surviving spouse's or domestic partner's interest in any life estate
- 3B:8-18 - Satisfaction of elective share
- 3B:8-2 - Elective share of surviving spouse or domestic partner of person dying not domiciled in this State
- 3B:8-3 - Meaning of "augmented estate."
- 3B:8-4 - Valuing property transferred
- 3B:8-5 - Transfers excluded
- 3B:8-6 - Other property to be included in augmented estate
- 3B:8-7 - Property derived from decedent
- 3B:8-8 - Valuation of property derived from decedent
- 3B:8-9 - Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death
Section 3B:9
- 3B:9-1 - Definitions
- 3B:9-10 - Binding effect of disclaimer or waiver
- 3B:9-11 - Spendthrift provision not to affect right to disclaim
- 3B:9-12 - Right to disclaim, etc.; under other law not abridged
- 3B:9-13 - Extension of time to disclaim interest existing on February 28, 1980
- 3B:9-14 - Federal law
- 3B:9-2 - Disclaimer of an interested party
- 3B:9-3 - Requirements of a disclaimer
- 3B:9-4 - Disclaimer by a fiduciary of an interest in property
- 3B:9-4.1 - Disclaimer by a fiduciary of a power of discretion
- 3B:9-4.2 - Time for disclaiming
- 3B:9-6 - Delivering and filing disclaimer
- 3B:9-7 - Recording of disclaimer where real property or interest therein is disclaimed
- 3B:9-8 - Effect of disclaimer
- 3B:9-9 - Bar of right to disclaim