State Codes and Statutes

Statutes > New-jersey > Title-3b > Section-3b-3 > 3b-3-30

3B:3-30.  Allowances by Superior Court to spouse or children pending contest  over probate of will
    If a contest is pending over the probate of any paper purporting to be a will, the Superior Court may, on application by the widow or widower of the decedent, by any of decedent's children, or by any children of any of decedent's deceased children, order the person having the custody of the decedent's estate to pay out of the income of the estate, pending the contest, an allowance for the support and maintenance of the widow, widower, child or children as the court may deem just;  and any further allowance out of the income, or, if need be, out of the corpus, of the estate as may be necessary to  meet the expenses incurred or to be incurred in conducting the contest.

    To entitle a widow or widower to the benefit of this section the applicant must have been ceremonially married to the decedent and been living with him or  her as his or her spouse at decedent's death.

     L.1981, c. 405, s. 3B:3-30, eff. May 1, 1982.
 
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 probate the will of any individual whether or not a resident of the State at his death and 7 years have elapsed after the judgment, the judgment unless set aside, shall, as to all matters adjudicated thereby, be conclusive upon the title to real estate.

L.1981, c.405, s.3B:3-31, eff. May 1, 1982; amended 2004, c.132, s.26.