New Jersey Statutes

Titles / ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS / Sections

• Chapter 1

• 1
  Definitions A to H.
  
  
• 9
  Effect of fraud and evasion
  
  
• 8.1
  Applicability of act.
  
  
• 8
  Application of title to wills
  
  
• 7
  Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decedent
  
  
• 6
  Law governing rights, duties and powers of fiduciaries
  
  
• 5
  Effect upon vested rights and remedies
  
  
• 4
  Contractual arrangements relating to death
  
  
• 3
  Devolution of property upon death.
  
  
• 2
  Definitions I to Z.
  
  
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• Chapter 2

• 8
  Penalty for failure to obey subpoena.
  
  
• 7
  Issuance of subpoenas by surrogate.
  
  
• 6
  Oath; affidavit; deposition or proof.
  
  
• 5
  Disputes or doubts in proceedings before the surrogate.
  
  
• 4
  Proceedings in Superior Court on order to show cause
  
  
• 3
  Jurisdiction of Superior Court over surrogate's proceedings
  
  
• 2
  General authority of Superior Court as to probate matters
  
  
• 1
  Jurisdiction of Superior Court not affected
  
  
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• Chapter 3

• 32
  Requirement of survival by 120 hours; exceptions; survivorship with respect to future interests.
  
  
• 33
  Choice of law as to meaning and effect of wills; testator's intention; rules of construction.
  
  
• 33.1
  Testator's intention; settlor's intention; rules of construction applicable to wills, trusts and other governing instruments.
  
  
• 34
  Will construed to pass all property of testator including after-acquired property.
  
  
• 35
  Anti-lapse; deceased devisee; class gifts.
  
  
• 31
  Judgment for probate; conclusive effect on title to real property after 7 years.
  
  
• 30
  Allowances by Superior Court to spouse or children pending contest over probate of will
  
  
• 29
  Order to compel production of purported will
  
  
• 28.1
  Probate of will of nonresident where laws of decedent's domicile are discriminatory.
  
  
• 28
  Probate of will of nonresident decedent where property situated in New Jersey.
  
  
• 27
  Recording of will of nonresident probated in another state or country
  
  
• 26
  Probate of will of nonresident probated in another state or country.
  
  
• 36
  Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator.
  
  
• 37
  Residuary devise to two or more residuary devisees; death of one or more before testator
  
  
• 48
  Construction of generic terms included in class gift terminology.
  
  
• 47
  Penalty clause for contesting will
  
  
• 46
  Ademption by satisfaction.
  
  
• 45
  Exercise of power of appointment
  
  
• 44
  Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure.
  
  
• 43
  Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent.
  
  
• 42
  Increase in securities, accessions.
  
  
• 41
  Issue and descendants to take by representation.
  
  
• 40
  Words importing estate in fee not to prevent further devise
  
  
• 39
  Construction when "heirs and assigns" omitted from devise; fee passed
  
  
• 38
  Construction of words "die without issue" or "die without descendants".
  
  
• 49
  Effect of final order of court of another state admitting will to probate or determining validity or construction
  
  
• 25
  Filing probate record with surrogate of any county
  
  
• 24
  Where a will of a resident is to be probated; effect of failure to probate.
  
  
• 9
  Laws determining valid execution of will
  
  
• 8
  Will not invalidated if signed by interested witness
  
  
• 7
  Who may witness a will.
  
  
• 6
  Validating acknowledgment
  
  
• 5
  Making will self-proved subsequent to time of execution.
  
  
• 4
  Making will self-proved at time of execution.
  
  
• 3
  Writings intended as wills.
  
  
• 2.2
  Regulations.
  
  
• 2.1
  Creation, maintenance of will registry; fees.
  
  
• 2
  Execution; witnessed wills; writings intended as wills.
  
  
• 1
  Individuals competent to make a will and appoint a testamentary guardian.
  
  
• 10
  Incorporation by reference
  
  
• 11
  Identifying devise of tangible personal property by separate writing.
  
  
• 12
  Acts and events of independent significance.
  
  
• 23
  Proof of execution required in contested probate action
  
  
• 22
  Time for probate of will; preliminary filing
  
  
• 21
  Probate of will where witnesses are in service in time of war
  
  
• 20
  Probate of a will of testator who died in military service or within 2 years of discharge.
  
  
• 19
  Proof required to probate will.
  
  
• 18
  Necessity to probate will to transfer property or nominate executor
  
  
• 17
  Probate of will and grant of letters.
  
  
• 16
  Methods of altering will
  
  
• 15
  Revival of revoked will.
  
  
• 14
  Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
  
  
• 13
  Revocation by writing or by act.
  
  
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• Chapter 4

• 5
  Lapse of devise.
  
  
• 4
  Administration of trust.
  
  
• 3
  Devise not invalidated because trust is amendable or revocable.
  
  
• 2
  Devise to trustee of trust created other than by testator's will.
  
  
• 1
  Short title
  
  
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• Chapter 5

• 11
  Debt to decedent.
  
  
• 12
  Aliens not disqualified; individuals related to decedent through two lines.
  
  
• 13
  Advancements.
  
  
• 14
  Tenancy in common; marriage and domestic partnership settlements.
  
  
• 14.1
  "Minor" defined; loss of right to intestate succession by parent, certain circumstances.
  
  
• 15
  Entitlement of spouse or domestic partner; premarital will.
  
  
• 16
  Omitted children.
  
  
• 10
  Establishment of Parent-Child Relationship.
  
  
• 9
  Adopted child.
  
  
• 8
  After born heirs.
  
  
• 1
  Requirement that heir survive decedent by 120 hours.
  
  
• 2
  Intestate estate.
  
  
• 3
  Intestate share of decedent's surviving spouse or domestic partner.
  
  
• 4
  Intestate shares of heirs other than surviving spouse or domestic partner.
  
  
• 5.1
  Diligent inquiry by fiduciary to find heirs.
  
  
• 6
  Determining representation.
  
  
• 7
  Relatives of the half blood
  
  
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• Chapter 6

• 7
  Construction and interpretation
  
  
• 6
  Chapter not to apply in certain cases
  
  
• 5
  Distribution of proceeds of life or accident policies
  
  
• 4
  Division of property, joint tenants or tenants by the entirety
  
  
• 3
  Division of property, two or more beneficiaries
  
  
• 2
  Disposition of property of persons dying simultaneously
  
  
• 1
  Short title
  
  
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• Chapter 7

• 7
  Rights of purchasers; protection of payors and other third parties.
  
  
• 6
  Effect of final judgment of conviction.
  
  
• 5
  Other acquisitions of property by decedent's killer.
  
  
• 1.2
  Effect of revocation.
  
  
• 1.1
  Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations.
  
  
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• Chapter 8

• 12
  Filing complaint for elective share; extension of time.
  
  
• 13
  Notice of hearing.
  
  
• 14
  Withdrawal of demand for an elective share.
  
  
• 15
  Fixing amount of elective share; payment of elective share
  
  
• 16
  Enforcing judgment
  
  
• 17
  Value of surviving spouse's or domestic partner's interest in any life estate.
  
  
• 18
  Satisfaction of elective share.
  
  
• 19
  Persons subject to contribution.
  
  
• 11
  Who may exercise the right to take an elective share.
  
  
• 10
  Waiving right to an elective share.
  
  
• 9
  Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death.
  
  
• 1
  Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.
  
  
• 2
  Elective share of surviving spouse or domestic partner of person dying not domiciled in this State.
  
  
• 3
  Meaning of "augmented estate."
  
  
• 4
  Valuing property transferred
  
  
• 5
  Transfers excluded.
  
  
• 6
  Other property to be included in augmented estate.
  
  
• 7
  Property derived from decedent.
  
  
• 8
  Valuation of property derived from decedent.
  
  
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• Chapter 9

• 9
  Bar of right to disclaim.
  
  
• 10
  Binding effect of disclaimer or waiver.
  
  
• 11
  Spendthrift provision not to affect right to disclaim.
  
  
• 12
  Right to disclaim, etc.; under other law not abridged.
  
  
• 13
  Extension of time to disclaim interest existing on February 28, 1980.
  
  
• 14
  Federal law.
  
  
• 8
  Effect of disclaimer.
  
  
• 7
  Recording of disclaimer where real property or interest therein is disclaimed.
  
  
• 6
  Delivering and filing disclaimer.
  
  
• 1
  Definitions.
  
  
• 2
  Disclaimer of an interested party.
  
  
• 3
  Requirements of a disclaimer.
  
  
• 4
  Disclaimer by a fiduciary of an interest in property.
  
  
• 4.1
  Disclaimer by a fiduciary of a power of discretion.
  
  
• 4.2
  Time for disclaiming.
  
  
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• Chapter 10

• 23
  Duty of personal representative to settle and distribute estate
  
  
• 22
  Priority among letters
  
  
• 21.1
  Appointment of person to control funeral, disposition of remains.
  
  
• 20
  Ratification of prior acts
  
  
• 19
  Commencement of duties and powers of a personal representative
  
  
• 18
  When appointment unnecessary
  
  
• 24
  Liability for acts of administration or distribution
  
  
• 25
  Standing to sue and be sued
  
  
• 26
  Standards of care to be observed
  
  
• 27
  Right to possession of property transferred in fraud of creditors
  
  
• 28
  Expeditious settlement and distribution
  
  
• 29
  Possession and control of estate
  
  
• 30
  Power over title to property
  
  
• 31
  Powers and duties of successor representative
  
  
• 32
  Powers of surviving copersonal representative
  
  
• 17
  Manner in which appointment shall be made
  
  
• 16
  Decedent's will to be observed
  
  
• 1
  Grant of letters of administration
  
  
• 2
  To whom letters of administration granted.
  
  
• 3
  When spouse or domestic partner entitled to assets without administration.
  
  
• 4
  When heirs entitled to assets without administration.
  
  
• 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
  
  
• 6
  Acts of administrator before notice of will
  
  
• 7
  Ancillary administration on estate of nonresident intestate
  
  
• 8
  Administration by creditor of nonresident decedent
  
  
• 9
  Record of appointment of personal representative; evidentiary effect
  
  
• 15
  Appointment of substituted administrators
  
  
• 14
  Appointment of debtor as executor; debt not discharged
  
  
• 13
  Duty to apply in this State for original letters of administration
  
  
• 12
  Temporary administration
  
  
• 11
  Administration ad prosequendum on death by wrongful act
  
  
• 10
  Executor de son tort
  
  
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• Chapter 11

• 27
  Services; guardianship
  
  
• 26
  Bylaws
  
  
• 25
  No compensation
  
  
• 24
  Board
  
  
• 23
  Nonprofit corporations
  
  
• 22
  Definitions
  
  
• 21
  Purposes, policies
  
  
• 20
  Findings
  
  
• 28
  Contributions; written statement of services
  
  
• 29
  Itemized annual statement
  
  
• 30
  Qualification of indigent persons
  
  
• 38
  Trust funds for pets recognized as valid
  
  
• 37
  Establishing an OBRA '93 trust
  
  
• 36
  Findings, declarations regarding special needs trusts
  
  
• 35
  Settlement, dissolution, merger
  
  
• 34
  Not subject to rule against perpetuities
  
  
• 33
  Not deemed asset
  
  
• 32
  Community trust irrevocable
  
  
• 31
  Special requests; individual trusts
  
  
• 19
  Short title
  
  
• 18
  Report; rules, regulations
  
  
• 7
  Powers of new, substituted or additional trustees
  
  
• 6
  Vacancy in trusteeship upon discharge or removal
  
  
• 5
  Trustee's death or failure to act; appointment of new trustee by court; powers
  
  
• 4.1
  Limitations on powers of trustees; applicability; "interested party" defined
  
  
• 4
  Effect to be given consent by holders of general powers of appointment upon beneficiaries
  
  
• 3
  Trustees construed to be joint tenants
  
  
• 2
  Letters of trusteeship under a will
  
  
• 1
  Creator's reserved interest in trust alienable subject to creditors' claims
  
  
• 8
  Short title
  
  
• 9
  Definitions
  
  
• 10
  Provision included in trust instruments governing nonprofit corporations administering private foundation trusts
  
  
• 17
  Trustees' commission
  
  
• 16.1
  Definitions used in C.3B:11-16 et al.
  
  
• 16
  Pooled trust accounts
  
  
• 15
  Application of article
  
  
• 14
  Power of courts or Attorney General not impaired by article
  
  
• 13
  Construction of article
  
  
• 12
  Execution of instrument stating certain provisions not applicable to trust; filing
  
  
• 11
  Provision included in trust instruments governing split-interest trusts or private foundation trusts
  
  
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• Chapter 12

• 56
  Powers, rights and duties of a guardian of the person of a ward generally.
  
  
• 57
  Powers and duties of a guardian of the person of a ward.
  
  
• 58
  Gifts to charities and other objects.
  
  
• 59
  Purchase of real property for use of an incapacitated person and his dependents.
  
  
• 60
  Guardian's duty with respect to will of deceased incapacitated person.
  
  
• 61
  Power of guardian to act as personal representative of the estate of a deceased incapacitated person.
  
  
• 62
  Factors to be considered by the court or guardian in exercising certain powers
  
  
• 63
  Guardian's final account and delivery of property upon termination of guardianship.
  
  
• 64
  When authority and responsibility of guardian terminate.
  
  
• 65
  Vacancy in guardianship
  
  
• 55
  When authority and responsibility of guardian terminate
  
  
• 54.1
  Trusts for certain beneficiaries providing deferred distribution of funds.
  
  
• 46
  Persons for whose benefit expenditures may be made by guardian of ward's estate.
  
  
• 47
  Persons to whom funds may be paid.
  
  
• 48
  Powers conferred upon a guardian.
  
  
• 49
  Powers conferred upon the court.
  
  
• 50
  Additional powers which may be exercised by the court
  
  
• 51
  Powers and responsibilities of a guardian of the person of a minor generally
  
  
• 52
  Powers and duties of a guardian of the person of a minor
  
  
• 53
  Powers and duties of a guardian of the estate of an unmarried minor as guardian of the minor's person
  
  
• 54
  Duty of guardian to deliver property when minor attains 18 years of age.
  
  
• 45
  Other factors to be considered by guardian of ward's estate in making expenditures.
  
  
• 66
  Filling vacancy in guardianship.
  
  
• 76
  Petition for judicial appointment of designated standby guardian
  
  
• 77
  Notice of petition to child
  
  
• 78
  Filing, delivery of appointment, designation
  
  
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• Chapter 12A

• 1
  Findings, declarations relative to kinship legal guardianship.
  
  
• 2
  Definitions relative to kinship legal guardianship.
  
  
• 3
  Jurisdiction, venue.
  
  
• 4
  Rights, responsibilities, authority of kinship legal guardian.
  
  
• 5
  Appointment as kinship legal guardian; contents of petition.
  
  
• 6
  Considerations for appointment as kinship legal guardian.
  
  
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• Chapter 12

• 75
  Immediate assumption of duties of designated standby guardian; revocation
  
  
• 74
  Designation of standby guardian by parent
  
  
• 66.1
  Removal from New Jersey after appointment of guardian.
  
  
• 66.2
  Transfer into New Jersey of guardianship established in another state.
  
  
• 67
  Short title
  
  
• 68
  Findings, declarations
  
  
• 69
  Definitions.
  
  
• 70
  Jurisdiction
  
  
• 71
  Applicability
  
  
• 72
  Appointment of standby guardian by court
  
  
• 73
  Immediate assumption of duties of appointed standby guardian; revocation in writing
  
  
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• Chapter 12A

• 7
  Court rules.
  
  
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• Chapter 12

• 44
  Recommendations to be considered by guardian of ward's estate in making expenditures.
  
  
• 1
  Power of the court to order a protective arrangement.
  
  
• 13
  Power to designate testamentary guardian.
  
  
• 14
  Consent of surviving parent; formal requisites
  
  
• 15
  Appointment of testamentary guardian by surviving parent.
  
  
• 16
  Bond of testamentary guardian.
  
  
• 17
  Determination into fitness of a testamentary guardian of a minor's person
  
  
• 18
  Effect of a testamentary appointment
  
  
• 19
  Guardian for property of nonresident minor
  
  
• 20
  Special guardian for consent to enlist; bond; fees
  
  
• 21
  Persons entitled to appointment
  
  
• 12
  Jurisdiction of surrogate to appoint guardians for minors
  
  
• 11
  Affidavit of receipt; contents; filing.
  
  
• 2
  Matters within a protective arrangement.
  
  
• 3
  Factors to be considered before approving a protective arrangement.
  
  
• 4
  Appointment of special guardian.
  
  
• 5
  Right of alleged incapacitated person to trial on issue of incapacity.
  
  
• 6
  Circumstances under which money may be paid or personal property delivered.
  
  
• 7
  When payment of money or delivery of property prohibited
  
  
• 8
  Application of money and property; reimbursement for out-of-pocket expenses
  
  
• 9
  Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age
  
  
• 10
  Persons paying money or delivering property not liable for application
  
  
• 22
  Appointment when heirs are nonresidents
  
  
• 23
  Guardian for child of absconding or absent parent
  
  
• 35
  Effect of a testamentary appointment.
  
  
• 36
  Authority of court with respect to ward's person and estate.
  
  
• 37
  Letters of guardianship to state any limitations at the time of appointment or later.
  
  
• 38
  Title to ward's property vested in guardian as trustee.
  
  
• 39
  Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.
  
  
• 40
  Duty of guardian of ward's person to account to guardian of his estate
  
  
• 41
  Guardian of ward's person entitled to reimbursement for expenses; payments to third persons.
  
  
• 42
  Reporting condition of ward's person and property to court.
  
  
• 43
  Expenditures to be made by guardian out of ward's estate.
  
  
• 34
  Determination into fitness of a testamentary guardian of the person of an incapacitated person.
  
  
• 33
  Bond of testamentary guardian.
  
  
• 32
  Temporary appointment of guardian if person not adjudicated an incapacitated person.
  
  
• 24
  Issue of incapacity triable without jury unless jury is demanded.
  
  
• 24.1
  Determination by the court of need for guardianship services, specific services.
  
  
• 25
  Appointment of guardian.
  
  
• 26
  Action against incapacitated person when guardian newly appointed; leave of court required.
  
  
• 27
  Distribution of property of an incapacitated person as intestate property.
  
  
• 28
  Return to competency; restoration of estate.
  
  
• 29
  Appointment of guardian of the property for nonresident incapacitated person.
  
  
• 30
  Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment.
  
  
• 31
  Consent by surviving parent to guardian's appointment.
  
  
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• Chapter 13A

• 13
  Bond
  
  
• 14
  Conditions of bond
  
  
• 15
  Bond premium
  
  
• 16
  Limitations on appointment of conservator
  
  
• 17
  Inventory
  
  
• 18
  Expenditures to be made by conservator out of conservatee's estate
  
  
• 12
  "Process" defined
  
  
• 11
  Service of process
  
  
• 10
  Power of attorney; filing; contents
  
  
• 9
  Acceptance of appointment
  
  
• 8
  Designation of conservator
  
  
• 7
  Right of persons to be heard
  
  
• 6
  Service of notice to appoint conservator
  
  
• 5
  By whom action for appointment of conservator in behalf of conservatee may be brought
  
  
• 4
  Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend
  
  
• 19
  Recommendations to be considered by conservator in making expenditures
  
  
• 20
  Other factors to be considered by conservator in making expenditures
  
  
• 21
  Persons for whose benefit expenditures may be made
  
  
• 35
  Substituted conservator
  
  
• 34
  Termination of conservatorship upon death or incompetency of conservatee
  
  
• 33
  Termination of conservatorship by conservatee
  
  
• 32
  Liability of conservator for improper exercise of power concerning estate
  
  
• 31
  Determining issues of liability between estate and conservator
  
  
• 30
  Asserting claims against estate
  
  
• 29
  Personal liability of conservator for obligations arising from control of estate
  
  
• 28
  Personal liability of conservator on contracts
  
  
• 27
  Annual informal report or accounting
  
  
• 26
  Effect of judgment allowing intermediate account
  
  
• 25
  Formal accounting
  
  
• 24
  Expansion or limitation of conservator's powers
  
  
• 23
  Powers conferred upon conservator
  
  
• 22
  Persons to whom funds may be paid
  
  
• 36
  Conservator's compensation
  
  
• 3
  Appointment of counsel to represent conservatee
  
  
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• Chapter 13

• 1
  Short title
  
  
• 15
  Investments
  
  
• 14
  Removal of guardian for failure to account; costs
  
  
• 13
  Accounting without filing vouchers
  
  
• 12
  Notice to Federal agency
  
  
• 11
  Times for accounting
  
  
• 10
  Filing account with Federal agency
  
  
• 9
  Filing account with the court
  
  
• 8
  Guardian to have no more than five wards; exceptions
  
  
• 7
  Guardians; when and how appointed
  
  
• 6
  Determination of incompetency by Superior Court
  
  
• 5
  No charges to be made for copies of certain records
  
  
• 4
  Fees and costs
  
  
• 3
  General rules of construction
  
  
• 2
  Definitions
  
  
• 16
  Support of dependents
  
  
• 17
  Compensation of guardian
  
  
• 18
  Authorization for guardian of incompetent ward to receive additional personal property not exceeding $10,000.00
  
  
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• Chapter 13A

• 2
  Civil action to appoint conservator
  
  
• 1
  Definitions
  
  
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• Chapter 13

• 31
  Counsel to represent public guardian; compensation
  
  
• 30
  Settlement of accounts upon expiration of public guardian's term
  
  
• 29
  Termination of guardianship; settlement of account
  
  
• 28
  Settlement of accounts
  
  
• 27
  Powers of public guardian as guardian of veterans' estates
  
  
• 26
  Public guardian may be appointed general guardian for veteran
  
  
• 25
  Discharge and removal of public guardian
  
  
• 19
  Direction of court for expenditure required; investment
  
  
• 20
  Fees
  
  
• 21
  Appointment of public guardian for veterans
  
  
• 22
  Guardian's bond
  
  
• 23
  Salary of public guardian
  
  
• 24
  Duties of public guardian as adviser of other guardians
  
  
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• Chapter 14

• 43
  Adjudication binding on local fiduciary
  
  
• 44
  Discovery of assets in action by fiduciary
  
  
• 45
  Discovery of assets in action against the fiduciary
  
  
• 46
  "Process" defined
  
  
• 47
  Fiduciary to file power of attorney; requisites of power
  
  
• 48
  Service of process
  
  
• 42
  Recovery of damages for injury to property subsequently transferred
  
  
• 41
  Actions against fiduciaries; proof of proper administration
  
  
• 40
  No actions against personal representatives within 6 months of grants of letters; exceptions; execution
  
  
• 39
  Several fiduciaries sued; judgment and execution
  
  
• 38
  Actions by fiduciaries
  
  
• 37
  Protection of persons assisting or dealing with fiduciary
  
  
• 36
  Voidable sales, encumbrances or transactions; exceptions
  
  
• 35
  Liability of fiduciary for improper exercise of power concerning estate
  
  
• 34
  Determining issues of liability between estate and fiduciary
  
  
• 49
  Submission to jurisdiction of courts
  
  
• 50
  Jurisdiction by act of decedent
  
  
• 64
  Order approving abandonment of real property by fiduciary and authorizing conveyance of title
  
  
• 63
  Directions of court when abandonment ordered
  
  
• 62
  Abandonment of real property may be authorized
  
  
• 61
  Uniformity of interpretation
  
  
• 60
  Cases not provided for in article
  
  
• 59
  Deposit in names of two or more trustees; liability of payee, holder or bank
  
  
• 58
  Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks
  
  
• 57
  Checks drawn by fiduciary upon principal's account
  
  
• 56
  Deposit in name of fiduciary; checks; when bank liable
  
  
• 55
  Check drawn by and payable to fiduciary
  
  
• 54
  Application of payments of money or transfer of property made to fiduciaries
  
  
• 53
  Definitions
  
  
• 52
  Short title
  
  
• 51
  Service of process
  
  
• 65
  Public liability after abandonment but before being divested of title
  
  
• 33
  Asserting claims against estate
  
  
• 1
  Survivorship and succession among cofiduciaries; duties and powers
  
  
• 15
  Powers and duties of reinstated fiduciary
  
  
• 14
  Termination of substituted fiduciary's powers and duties; accounting and delivery of assets
  
  
• 13
  Reinstatement of original fiduciary
  
  
• 12
  Substituted fiduciary; powers and duties
  
  
• 11
  Substituted fiduciary; bond
  
  
• 10
  Cofiduciaries; terms of instrument
  
  
• 9
  Appointment of substitute for fiduciary engaged in war service
  
  
• 8
  "Engaged in war service" defined
  
  
• 7
  Account of removed or discharged fiduciary
  
  
• 6
  Penalty for failure of removed or discharged fiduciary to account or deliver assets
  
  
• 5
  Removed or discharged fiduciary to deliver assets to successor
  
  
• 4
  Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor
  
  
• 3
  Powers and duties of substituted fiduciary
  
  
• 2
  Appointment of substituted fiduciary in place of one deceased or removed
  
  
• 16
  Commissions; apportionment
  
  
• 17
  More than one substituted fiduciary
  
  
• 32
  Personal liability for obligations arising from ownership or control of estate; torts
  
  
• 31
  Personal liability of fiduciary on contracts
  
  
• 30
  Termination of domiciliary foreign fiduciary's powers; protection of third persons; exercise of powers binding on local fiduciary
  
  
• 29
  Exercise of powers by domiciliary foreign fiduciary; security for costs
  
  
• 28
  Filing proof of domiciliary foreign fiduciary's authority
  
  
• 27
  When payment or delivery may not be made
  
  
• 26
  Release upon payment or delivery in good faith
  
  
• 25
  Payment of debt or delivery of certain personal property; requirements
  
  
• 24
  Authorization to exercise other powers.
  
  
• 18
  Discharge from office of fiduciary; account; allowances
  
  
• 19
  Discharge from particular trust; effect
  
  
• 20
  Discharge of one or more joint fiduciaries
  
  
• 21
  Removal for cause
  
  
• 22
  Discharge or removal not to release fiduciary or sureties from certain liabilities
  
  
• 23
  Powers.
  
  
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• Chapter 15

• 23
  Proof of order to limit creditors required in certain cases.
  
  
• 22
  Discharge of fiduciary from liability on bond without surety
  
  
• 21
  Reduction of fiduciary's bond; discharge of original sureties
  
  
• 20
  Effect of discharge of surety
  
  
• 19
  Discharge of surety for fiduciary or assignee after final account
  
  
• 18
  Discharge of surety from liability for future acts of fiduciary, receiver or assignee
  
  
• 25
  Court in which to bring proceedings to assess damages, to satisfy judgment or to discontinue action
  
  
• 26
  Proceedings to satisfy judgment on bond; notice to claimants
  
  
• 27
  Presentation of claims
  
  
• 28
  Exceptions; trial
  
  
• 29
  Satisfaction of judgment
  
  
• 30
  Application to have action on bond discontinued
  
  
• 31
  Discontinuance of action on bond
  
  
• 32
  Unsatisfied claims
  
  
• 33
  Bonds not invalidated because of abolition of certain offices or courts
  
  
• 17.1
  Payment at age 18
  
  
• 17
  Investment by surrogate
  
  
• 16
  Deposit and investment.
  
  
• 1
  Bonds of fiduciaries; exceptions.
  
  
• 2
  Bonds not to be approved unless prescribed conditions are included
  
  
• 3
  Bond where will requires bond and fails to name obligee; prosecution
  
  
• 4
  Bond when property unsafe or in danger of waste
  
  
• 5
  Conditions of bond on grant of intestate administration
  
  
• 6
  Conditions of bonds on certain grants of administration
  
  
• 7
  Conditions of bonds of guardians of minors and mental incompetents
  
  
• 8
  Allowance of expense of procuring surety bond of fiduciary, receiver or assignee
  
  
• 9
  Additional surety when original sureties and bond insufficient
  
  
• 15
  Depository to issue duplicate deposit certificates
  
  
• 14
  Additional bond upon withdrawals
  
  
• 13
  How deposits made and withdrawn
  
  
• 12
  Bond after deposit
  
  
• 11
  When deposit permitted
  
  
• 10
  When fiduciary required to account and give separate security to surety
  
  
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• Chapter 16

• 8
  Inventory of guardian of the estate of a minor or mental incompetent
  
  
• 7
  Selection of property to be exempted
  
  
• 6
  Proof of inventory and exempt list
  
  
• 5
  Exemption for benefit of decedent's family
  
  
• 4
  Property to be included in inventory and appraisal
  
  
• 3
  Appointment of appraisers
  
  
• 2
  Inventory and appraisal to be made and filed
  
  
• 1
  General requisites
  
  
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• Chapter 17

• 9
  Nontestamentary trustee defined
  
  
• 10
  Settling accounts in the Superior Court
  
  
• 11
  Surrogate's fees
  
  
• 12
  Fiduciary, receiver or assignee; rental of safe deposit box; expenses of safe-keeping of securities
  
  
• 13
  Effect of nonjudicial settlement or waiver of account.
  
  
• 8
  Effect of judgment allowing account
  
  
• 7
  Statements or information regarding assets as part of account
  
  
• 6
  Examination of accountant on exceptions to account
  
  
• 5
  Account by representative of deceased fiduciary
  
  
• 4
  Account and bond required of cofiduciary
  
  
• 3
  Accounts of guardians and trustees
  
  
• 2
  Accounts of personal representatives
  
  
• 1
  Fiduciary filing release by ward or cestui que trust
  
  
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• Chapter 18

• 25.1
  Taking annual amount on accounts of corpus commissions: two or more fiduciaries
  
  
• 25
  Fiduciaries may take annual commissions on corpus
  
  
• 24
  Income commissions
  
  
• 23
  "Fiduciary" defined
  
  
• 22
  When rates for corpus commissions taken annually effective
  
  
• 21
  Burden of proving value
  
  
• 25.2
  Powers of qualified bank; duties of agent
  
  
• 26
  Failure to take commissions annually shall not constitute a waiver thereof
  
  
• 27
  Commissions taken annually subject to review
  
  
• 28
  Corpus commissions on termination of trust, guardianship or upon distribution of assets
  
  
• 29
  Corpus commissions; unusual or extraordinary services
  
  
• 30
  Burden of proving value
  
  
• 31
  Authorization in testator's will as to commissions exceeding legal rates
  
  
• 32
  When rates for corpus commissions taken annually effective
  
  
• 33
  When rates of corpus commissions on termination of trusts or guardianship effective
  
  
• 20
  Corpus commissions taken annually subject to review
  
  
• 19
  Failure to take commissions annually shall not constitute a waiver thereof
  
  
• 18
  Value of assets for computing commissions taken annually
  
  
• 2
  Commissions of nontestamentary trustee
  
  
• 3
  Provision in will for specific compensation
  
  
• 4
  Disputes between fiduciaries as to apportionment
  
  
• 5
  Fiduciary removed from office; forfeiture of commissions
  
  
• 6
  Legal fees for attorney also serving as fiduciary
  
  
• 7
  Annual statement relating to corpus commissions taken
  
  
• 8
  Definitions
  
  
• 9
  Additional compensation
  
  
• 10
  Notice to recipient of property
  
  
• 17
  Taking annual amounts on account of corpus commissions
  
  
• 16
  Corpus commissions; unusual or extraordinary services
  
  
• 14
  Corpus commissions.
  
  
• 13
  Income commissions
  
  
• 12
  Definition of fiduciary
  
  
• 11
  Manner of payment of additional compensation
  
  
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• Chapter 19B

• 23
  Asset-backed securities
  
  
• 22
  Derivatives and options
  
  
• 21
  Property not productive of income
  
  
• 20
  Timber
  
  
• 19
  Minerals, water and other natural resources
  
  
• 18
  Liquidating asset
  
  
• 24
  Disbursements from income
  
  
• 25
  Disbursements from principal
  
  
• 26
  Transfers from income to principal for depreciation
  
  
• 27
  Transfer from income to reimburse principal
  
  
• 28
  Income taxes
  
  
• 29
  Uniformity of application and construction
  
  
• 30
  Application of act to existing and future trusts and estates
  
  
• 31
  Judicial control of discretionary powers
  
  
• 17
  Deferred compensation, retirement benefits, annuities, and similar payments
  
  
• 16
  Insurance policies and similar contracts
  
  
• 15
  Obligation to pay money
  
  
• 1
  Short title
  
  
• 2
  Definitions
  
  
• 3
  Fiduciary duties; general principles
  
  
• 4
  Trustee's power to adjust.
  
  
• 5
  Determination and distribution of net income
  
  
• 6
  Distribution to residuary and remainder beneficiaries
  
  
• 7
  When right to income begins and ends
  
  
• 8
  Apportionment of receipts and disbursements when decedent dies or income interest begins
  
  
• 14
  Rental property
  
  
• 13
  Principal receipts
  
  
• 12
  Business and other activities conducted by trustee
  
  
• 11
  Distribution from trust or estate
  
  
• 10
  Character of receipts
  
  
• 9
  Apportionment when income interest ends
  
  
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• Chapter 20

• 25
  Application of article
  
  
• 23
  Banking institution acting as fiduciary
  
  
• 22
  Authority to exchange or convert
  
  
• 21
  Definitions
  
  
• 19
  Fiduciary as issuing corporation
  
  
• 18
  Authority to exchange or convert securities
  
  
• 11.12
  Applicability of act
  
  
• 26
  Short title
  
  
• 27
  Definitions
  
  
• 28
  Deposit of securities by fiduciary
  
  
• 29
  Merger of certificates deposited
  
  
• 30
  Records of securities deposited
  
  
• 31
  Transfer of ownership in securities deposited
  
  
• 32
  Rules and regulations governing banking institutions
  
  
• 33
  Certification of securities deposited
  
  
• 34
  Application of article
  
  
• 35
  Construction of article
  
  
• 11.11
  Construction of terms
  
  
• 11.10
  Delegation of investment, management functions by fiduciary
  
  
• 1
  Definitions
  
  
• 3
  Corporate fiduciary may register securities in name of nominee without disclosing fiduciary capacity
  
  
• 4
  Corporate fiduciary liable for loss caused by acts of nominee
  
  
• 5
  Limitation on authority to register securities in name of nominee
  
  
• 7
  Directions of court concerning the sale, conversion or retention of investments
  
  
• 8
  Protection afforded fiduciary continuing investments under court order
  
  
• 9
  Application to court upon change in conditions
  
  
• 10
  Investments by court order upon change in conditions
  
  
• 11.1
  Short title
  
  
• 11.2
  Compliance by fiduciary with prudent investor rule
  
  
• 11.9
  Rule expresses standard of conduct
  
  
• 11.8
  Incurrence of costs by fiduciary
  
  
• 11.7
  Review of trust assets
  
  
• 11.6
  Impartiality of fiduciary
  
  
• 11.5
  Assets to be managed in interest of beneficiaries
  
  
• 11.4
  Diversification of investments
  
  
• 11.3
  Investments, management of trust assets by fiduciary
  
  
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• Chapter 21

• 5
  Effect of judgment for removal and transfer
  
  
• 4
  When removal will be denied
  
  
• 3
  Proof of authority of, and giving of security by, guardian or trustee
  
  
• 2
  Meaning of term "personal property"
  
  
• 1
  Removal of property from the State
  
  
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• Chapter 22

• 33
  Claims not presented in time barred; exception; extension of time
  
  
• 32
  Distribution among creditors to be pro rata; preferred debts excepted
  
  
• 31
  Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee
  
  
• 30
  Distribution by State Treasurer; proof of claim required of claimants
  
  
• 29
  Accounting; surplus from sale payable to State Treasurer
  
  
• 28
  Effect of confirmation
  
  
• 27
  Estate passed by sale or conveyance
  
  
• 26
  Direction of court as to sale
  
  
• 25
  Sale of property subject to escheat to pay debts
  
  
• 34
  Authority of court to pass upon claims against the estate and upon amount and value of estate
  
  
• 35
  Judgment of insolvency; sale of assets
  
  
• 44
  Contribution between heirs and devisees liable
  
  
• 43
  Liability in case of sale or transfer of estate
  
  
• 42
  General judgment; special judgment
  
  
• 41
  Joinder of parties
  
  
• 40
  Heirs and devisees liable for debt of decedent
  
  
• 39
  "Heirs and devisees" defined.
  
  
• 38
  Certain actions against personal representative saved
  
  
• 37
  Residue after debts to go to heirs or devisees
  
  
• 36
  Proceeds; distribution
  
  
• 24
  Article not to affect liability of heirs or devisees
  
  
• 23
  Time not extended by general words in will
  
  
• 22
  Real property liable only 1 year for debts
  
  
• 10
  Presentation of claim
  
  
• 8
  Commencement of action by creditor on disputed claim within 3 months after notice
  
  
• 7
  Allowance or rejection of claims within 3 months
  
  
• 6
  Payment of claim not legally presented; effect; allowance in personal representative's account
  
  
• 5
  Liquidated claims payable in future
  
  
• 4
  Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution.
  
  
• 3
  Abatement for purpose of paying claims and debts.
  
  
• 2
  Order of priority of claims when assets insufficient.
  
  
• 1
  Waiver of statutes of limitations
  
  
• 11
  Acceptance or rejection of claim
  
  
• 12
  Action on unrejected claim
  
  
• 21
  Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative
  
  
• 20
  Payment of claims where assets insufficient
  
  
• 19
  Assets being administered here subject to claims established wherever personal representative appointed
  
  
• 18
  Action on refunding bond of ultimate devisee or heir
  
  
• 17
  Defense to action on fiduciary's bond in certain cases
  
  
• 16
  Action upon refunding bond of devisee or heir
  
  
• 15
  Failure to file refunding bond; presumption that devise or distributive share remains unpaid
  
  
• 14
  Direction of court before paying claims not presented within 9-month period.
  
  
• 13
  Failure to sue after notice to perfect claim; claim debarred
  
  
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• Chapter 23

• 31
  Actions for distributive shares
  
  
• 30
  Bond when the personal representative is holder of a determinable estate
  
  
• 29
  Bond when remainderman is lineal descendant of holder of determinable estate
  
  
• 28
  Bonds required of holders of determinable interests; in general
  
  
• 27
  Condition of distributee's bond
  
  
• 26
  Condition of devisee's bond
  
  
• 25
  Amount of bond; form
  
  
• 24
  Refunding bond of devisee or distributee
  
  
• 23
  Letters of trusteeship required before transfer to trustee
  
  
• 32
  Limitations on enforcement of devise
  
  
• 33
  Action for devise
  
  
• 34
  Conditions precedent to suit for devise
  
  
• 42
  Distribution of nonresident decedent's estate
  
  
• 41
  Return of devise pro rata
  
  
• 40
  Payment of interest on moneys deposited
  
  
• 39
  Deposit with court; effect
  
  
• 38
  Effect of apportionment; filing and recording papers
  
  
• 37
  Apportionment of certain real estate to pay devise
  
  
• 36
  Plea of want of assets; procedure
  
  
• 35
  Extent of recovery
  
  
• 43
  Right of retainer
  
  
• 22
  Deposit in court of money or other property of devisee, heir or beneficiary of trust in certain cases
  
  
• 9
  Agreement among successors binding on personal representative
  
  
• 8
  Partition for purpose of distribution
  
  
• 7
  Protection of purchaser from or lender to distributee
  
  
• 6
  Proof of delivery of instrument of distribution conclusive evidence of distributee's receipt of assets; exception
  
  
• 5
  Instrument of distribution
  
  
• 4
  Proposal of distribution; contents; time to object
  
  
• 3
  Method of distribution
  
  
• 2
  Valuation of assets
  
  
• 1
  Distribution of assets in kind
  
  
• 10
  Distribution to guardian
  
  
• 11
  Interest on general pecuniary devise
  
  
• 21
  Unclaimed estate assets
  
  
• 19
  Order for filing claims of unknown distributees
  
  
• 18
  Distribution; when made
  
  
• 17
  Judgment for distribution
  
  
• 16
  Distribution by order of court
  
  
• 15
  Abatement where subject of specific devise sold
  
  
• 14
  Where will expresses order of abatement
  
  
• 13
  General devise charged upon specific property or fund
  
  
• 12
  Abatement generally.
  
  
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• Chapter 24

• 8
  Jurisdiction of Superior Court
  
  
• 7
  Transfer or distribution of property; duties and liabilities of fiduciary
  
  
• 6
  Recovery by fiduciary from transferees or others in possession of property included in tax
  
  
• 5
  Limitation on direction for apportionment or nonapportionment of tax
  
  
• 4
  Apportionment of tax to transferees in absence of directions to contrary.
  
  
• 3
  Apportionment of tax where temporary interest is created
  
  
• 2
  Apportionment of tax among fiduciary and transferees interested in gross tax estate
  
  
• 1
  Definitions
  
  
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• Chapter 25

• 1
  Nonexoneration of property subject to mortgage or security interest; exception.
  
  
• Back to top

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• Chapter 26

• 4
  Powers, duties and responsibilities of trustee or court
  
  
• 3
  Distribution or other disposition of property
  
  
• 2
  Appointment of trustee for absent person; general duties and powers
  
  
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• Chapter 27

• 6
  Action to be brought in Superior Court.
  
  
• 5
  Absentee later proved alive entitled to proceeds of transaction
  
  
• 4
  Real estate transaction in which an absentee has an interest; title
  
  
• 3
  Protection of personal representative or trustee making distribution
  
  
• 2
  Restoration and recovery of property upon reappearance of absentee.
  
  
• 1
  Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.
  
  
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• Chapter 28

• 11
  N.J.S. 3A:36-3 saved from repeal
  
  
• 12
  N.J.S. 3A:36-4 saved from repeal
  
  
• 13
  N.J.S. 3A:36-5 saved from repeal
  
  
• 14
  N.J.S. 3A:37-1 saved from repeal
  
  
• 15
  N.J.S. 3A:37-2 saved from repeal
  
  
• 16
  N.J.S. 3A:37-3 saved from repeal
  
  
• 17
  N.J.S. 3A:37-4 saved from repeal
  
  
• 18
  N.J.S. 3A:37-5 saved from repeal
  
  
• 19
  N.J.S. 3A:37-6 saved from repeal
  
  
• 10
  N.J.S. 3A:36-2 saved from repeal
  
  
• 9
  N.J.S. 3A:36-1 saved from repeal
  
  
• 1
  Estates of dower and curtesy prior to May 28, 1980.
  
  
• 2
  No right of dower or curtesy created on or after May 28, 1980.
  
  
• 3
  Right of joint possession of principal matrimonial residence where no dower or curtesy applies; alienation.
  
  
• 3.1
  Joint occupancy of principal matrimonial residence; mortgage lien.
  
  
• 4
  N.J.S. 3A:16-16 saved from repeal
  
  
• 5
  N.J.S. 3A:16-17 saved from repeal
  
  
• 6
  N.J.S. 3A:25-12 saved from repeal
  
  
• 7
  N.J.S. 3A:35-3 saved from repeal
  
  
• 8
  N.J.S. 3A:35-4 saved from repeal
  
  
• Back to top

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• Chapter 29

• 1
  Laws repealed
  
  
• Back to top

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• Chapter 30

• 8
  Passage of security to beneficiary, reregistration
  
  
• 9
  Rights of registering entity
  
  
• 10
  Transfer on death, effectiveness
  
  
• 11
  Establishment of terms, conditions by registering entity
  
  
• 7
  No effect on ownership, cancellation, change permitted
  
  
• 6
  "Transfer on death," "pay on death"
  
  
• 5
  Designation of beneficiary, registration in beneficiary form
  
  
• 4
  Registration of security in beneficiary form.
  
  
• 3
  Individuals, multiple owners, registration of a security.
  
  
• 2
  Definitions.
  
  
• 12
  Construction of act