N.J. Stat. § 3B:14-23 — NJ Code / Title 3B / Chapter 14 / Section 14-23
Powers.
Status: in_force

3B:14-23. Powers. In the absence of contrary or limiting provisions in the judgment or order appointing a fiduciary, in the will, deed, or other instrument or in a subsequent court judgment or order, every fiduciary shall, in the exercise of good faith and reasonable discretion, have the power: a. To accept additions to any estate or trust from sources other than the estate of the decedent, the minor, the person who is incapacitated, or the settlor of a trust; b. To acquire the remaining undivided interest in an estate or trust asset in which the fiduciary, in a fiduciary capacity, holds an undivided interest; c. To invest and reinvest assets of the estate or trust under the provisions of the will, deed, or other instrument or as otherwise provided by law and to exchange assets for investments and other property upon terms as may seem advisable to the fiduciary; d. To effect and keep in force fire, rent, title, liability, casualty, or other insurance to protect the property of the estate or trust and to protect the fiduciary; e. With respect to any property or any interest therein owned by an estate or trust, including any real property belonging to the fiduciary's decedent at death, except where the property or any interest therein is specifically disposed of: (1) To take possession of and manage the property and to collect the rents therefrom, and pay taxes, mortgage interest, and other charges against the property; (2) To sell the property at public or private sale, and on terms as in the opinion of the fiduciary shall be most advantageous to those interested therein; (3) With respect to fiduciaries other than a trustee, to lease the property for a term not exceeding three years, and in the case of a trustee to lease the property for a term not exceeding 10 years, even though the term extends beyond the duration of the trust, and in either case including the right to explore for and remove mineral or other natural resources, and in connection with mineral leases to enter into pooling and unitization agreements; (4) To mortgage the property; (5) To grant easements to adjoining owners and utilities; (6) A fiduciary acting under a will may exercise any of the powers granted by this subsection e. notwithstanding the effects upon the will of the birth of a child after its execution; f. To make repairs to the property of the estate or trust for the purpose of preserving the property or rendering it rentable or saleable; g. To grant options for the sale of any property of the estate or trust for a period not exceeding six months; h. With respect to any mortgage held by the estate or trust to continue it upon and after maturity, with or without renewal or extension, upon terms as may seem advisable to the fiduciary and to foreclose, as an incident to collection of any bond or note, any mortgage and purchase the mortgaged property or acquire the property by deed from the mortgagor in lieu of foreclosure; i. In the case of the survivor or survivors of two or more fiduciaries to administer the estate or trust without the appointment of a successor to the fiduciary or fiduciaries who have ceased to act and to exercise or perform all of the powers given unless contrary to the express provision of the will, deed, or other instrument; j. As a new, alternate, successor, substitute, or additional fiduciary or fiduciaries, to have or succeed to all of the powers, duties, and discretion of the original fiduciary or fiduciaries, with respect to the estate or trust, as were given to the original fiduciary or fiduciaries named in or appointed by a will, deed, or other instrument, unless the exercise of the powers, duties, or discretion of the original fiduciary or fiduciaries is expressly prohibited by the will, deed, or other instrument to any successor or substitute fiduciary or fiduciaries; k. Where there are three or more fiduciaries qualified to act, to take any action with respect to the estate or trust which a majority of the fiduciaries shall determine; a fiduciary who fails to act through absence or disability, or a dissenting fiduciary who joins in carrying out the decision of a majority of the fiduciaries if the dissent is expressed promptly in writing to the cofiduciaries, shall not be liable for the consequences of any majority decision, provided that liability for failure to join in administering the trust or to prevent a breach of trust may not thus be avoided; l. To employ and compensate attorneys for services rendered to the estate or trust or to a fiduciary in the performance of the fiduciary's duties; m. To compromise, contest, or otherwise settle any claim in favor of the estate, trust, or fiduciary or in favor of third persons and against the estate, trust, or fiduciary, including transfer inheritance, estate, income, and other taxes; n. To vote in person or by proxy, discretionary or otherwise, shares of stock or other securities held by the estate or trust; o. To pay calls, assessments, and any other sums chargeable or accruing against or on account of shares of stock, bonds, debentures, or other corporate securities in the control of a fiduciary, whenever the payments may be legally enforceable against the fiduciary or any property of the estate or trust or the fiduciary deems payment expedient and for the best interests of the estate or trust; p. To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers, or liquidations, and to consent to corporate sales or leases and encumbrances, and, in the exercise of those powers, the fiduciary is authorized to deposit stocks, bonds, or other securities with any custodian, agent, protective or other similar committee, or trustee under a voting trust agreement, under terms and conditions respecting the deposit thereof as the fiduciary may approve; q. To execute and deliver agreements, assignments, bills of sale, contracts, deeds, notes, receipts, and any other instrument necessary or appropriate for the administration of the estate or trust; r. In the case of a trustee: (1) To hold two or more trusts or parts of trusts created by the same instrument, as an undivided whole, without separation as between the trusts or parts of the trusts, provided that separate trusts or parts of trusts shall have undivided interests and provided further that no holding shall defer the vesting of any estate in possession or otherwise; (2) To divide a trust, before or after its initial funding, into two or more separate trusts, provided that such division will not materially impair the accomplishment of the trust purposes or the interests of any beneficiary. Distributions provided for by the governing instrument may be made from one or more of the separate trusts; s. To distribute in kind any property of the estate or trust as provided in article 1 of chapter 23 of this Title; t. To join with the surviving spouse, partner in a civil union, or domestic partner, the executor of the decedent's will, or the administrator of the decedent's estate in the execution and filing of a joint income tax return for any period prior to the death of a decedent for which no return or gift tax return on gifts made by the decedent's surviving spouse, partner in a civil union, or domestic partner was filed, and to consent to treat the gifts as being made one-half by the decedent, for any period prior to a decedent's death, and to pay taxes thereon as are chargeable to the decedent; u. To acquire or dispose of an asset, including real or personal property in this State or another state, for cash or on credit, at public or private sale, and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset; v. To continue any business constituting the whole or any part of the estate for so long a period of time as the fiduciary may deem advisable and advantageous for the estate and persons interested therein; w. In the case of a qualified bank as defined in section 1 of P.L.1948, c.67 (C.17:9A-1), and an out-of-State bank as defined in section 1 of P.L.1948, c.67 (C.17:9A-1), which has established a trust office in this State to purchase, sell, and maintain for any fiduciary account, securities issued by an investment company which is operated and maintained in accordance with the "Investment Company Act of 1940," 15 U.S.C.s.80a-1 et seq., and for which the qualified bank or out-of-State bank is providing services as an investment advisor, investment manager, custodian, or otherwise, including those for which it receives compensation, if: (1) The investment is otherwise in accordance with applicable fiduciary standards; and (2) The investment is authorized by the agreement or instrument creating the fiduciary account that gives the qualified bank or out-of-State bank investment authority, or by court order; or (3) The qualified bank or out-of-State bank provides written notice not less than annually by prospectus, account statement, or otherwise, disclosing to any current income beneficiaries of the trust the services provided by the qualified bank or its affiliate or out-of-State bank to the investment company, and the rate, formula, or other method by which compensation paid to the qualified bank or its affiliate or out-of-State bank is determined and the qualified bank or out-of-State bank does not receive a written objection from any current income beneficiary within 30 days after receipt of this notice. If a written objection is received from any current income beneficiary pursuant to this paragraph (3), no such investment of the trust assets of that fiduciary account shall be made or maintained. Such investment shall not be deemed self-dealing or a fiduciary conflict; nor shall the fact that other beneficiaries of fiduciary accounts of the qualified bank or out-of-State bank have similar investments be deemed to be an improper commingling of assets by the qualified bank or out-of-State bank. For purposes of this subsection, "fiduciary account" shall include a trust, estate, agency, or other account in which funds, property, or both, are held by a qualified bank pursuant to section 28 of P.L.1948, c.67 (C.17:9A-28), or an account for which a qualified bank or out-of-State bank acts as investment advisor or manager or an account held by an out-of-State bank as defined in section 1 of P.L.1948, c. 67 (C.17:9A-1); x. To employ and compensate accountants from the fiduciary fund for services rendered to the estate or trust or to a fiduciary in the performance of the fiduciary's duties, including the duty of a corporate or other fiduciary with respect to the preparation of accountings, without reduction in commissions due to the fiduciary, so long as such accountings are not the usual, customary, or routine services provided by the fiduciary in light of the nature and skill of the fiduciary. In evaluating the actions of the fiduciary under this subsection, the court shall consider the size and complexity of the fiduciary fund, the length of time for which the accounting is rendered, and the increased risk and responsibilities imposed on fiduciaries as a result of revisions to laws affecting fiduciaries including, but not limited to, the "Uniform Principal and Income Act of 2001," P.L.2001, c.212 (C.3B:19B-1 et seq.) and the "Prudent Investor Act," P.L.1997, c.26 (C.3B:20-11.1 et seq.) provided that such revisions of the laws affecting fiduciaries were enacted after the fiduciary responsibilities under the corresponding will, deed, or other instrument, or court judgment or order, were imposed on, and assumed by, the fiduciary. For purposes of this subsection, "Accountant" means a person who is registered as a certified public accountant pursuant to the provisions of the "Accountancy Act of 1997," P.L.1997, c.259 (C.45:2B-42 et seq.), or an accounting firm which is organized for the practice of public accounting pursuant to the provisions of the "Accountancy Act of 1997," P.L.1997, c.259 (C.45:2B-42 et seq.) and "The Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.); and y. The powers set forth in this section are in addition to any other powers granted by law, and by a will, deed, or other instrument. amended 1991, c.503, s.2; 1993, c.360; 1997, c.250; 2003, c.33; 2013, c.103, s.45.
N.J. Stat. § 3B:8-10 — NJ Code / Title 3B / Chapter 8 / Section 8-10
Waiving right to an elective share.
Status: in_force

3B:8-10. Waiving right to an elective share. The right of election of a surviving spouse or domestic partner and the rights of the surviving spouse or domestic partner may be waived, wholly or partially, before or after marriage before, on or after May 28, 1980, by a written contract, agreement or waiver, signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or domestic partner or a complete property settlement entered into after or in anticipation of separation, divorce or termination of a domestic partnership is a waiver of all rights to an elective share by each spouse or domestic partner in the property of the other and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement. Amended 2005, c.331, s.15.
N.J. Stat. § 3B:9-1 — NJ Code / Title 3B / Chapter 9 / Section 9-1
Definitions.
Status: in_force

3B:9-1. As used in this chapter: a. A "present interest" is one to take effect in immediate possession, use or enjoyment without the intervention of a preceding estate or interest or without being dependent upon the happening of any event or thing; b. A "future interest" is one to take effect in possession, use or enjoyment dependent upon the termination of an intervening estate or interest or the happening of any event or thing; c. A "devisee" means any person designated in a will to receive a devise, but does not mean a trustee or trust designated in a will to receive a devise; d. The "effective date" is the date on which a property right vests, or a contract right arises, even though the right is subject to divestment; e. "Joint property" is property that is owned by two or more persons with rights of survivorship and includes a tenancy by the entirety, a joint tenancy, a joint tenancy with rights of survivorship and a joint life estate with contingent remainder in fee. For purposes of this chapter, joint property is deemed to consist of a present interest and a future interest. The future interest is the right of survivorship; f. "Joint tenant" is the co-owner of joint property. Amended 2004, c.132, s.63.
N.J. Stat. § 3B:10-12 — NJ Code / Title 3B / Chapter 10 / Section 10-12
Temporary administration
Status: in_force

The Superior Court may grant administration ad litem, temporary administration, administration pendente lite, or any form of limited administration. L.1981, c. 405, s. 3B:10-12, eff. May 1, 1982.
N.J. Stat. § 3B:31-52 — NJ Code / Title 3B / Chapter 31 / Section 31-52
Delivery of property by former trustee.
Status: in_force

3B:31-52. Delivery of Property by Former Trustee. a. Unless a co-trustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property. b. A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the co-trustee, successor trustee, or other person entitled to it, but a resigning trustee may retain a reasonable reserve for the costs of finalizing that trustee's administration of the trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:15-8 — NJ Code / Title 3B / Chapter 15 / Section 15-8
Allowance of expense of procuring surety bond of fiduciary, receiver or assignee
Status: in_force

A fiduciary, receiver or assignee for the benefit of creditors required by law or order of court to give a bond, may include as a part of the lawful expense of executing his trust a reasonable sum, not exceeding, however, 1% per annum on the amount of the bond, paid a company authorized under the laws of this State so to do, for becoming his surety on the bond, as may be allowed by the court. L.1981, c. 405, s. 3B:15-8, eff. May 1, 1982.
N.J. Stat. § 3B:23-27 — NJ Code / Title 3B / Chapter 23 / Section 23-27
Condition of distributee's bond
Status: in_force

The bond of a distributee shall be conditioned substantially as follows: That if any debt or debts, truly owing by the intestate, shall be afterwards sued for and recovered or otherwise duly made to appear, and there shall be no other assets to pay, he shall refund and pay back to the administrator his ratable part of the debt or debts, out of the part and share so allotted to him. L.1981, c. 405, s. 3B:23-27, eff. May 1, 1982.
N.J. Stat. § 3B:12A-7 — NJ Code / Title 3B / Chapter 12A / Section 12A-7
Court rules.
Status: in_force

12. The Supreme Court of New Jersey may adopt court rules to effectuate the purposes of this act. L.2001,c.250,s.12.
N.J. Stat. § 3B:19B-30 — NJ Code / Title 3B / Chapter 19B / Section 19B-30
Application of act to existing and future trusts and estates
Status: in_force

30. Application of Act to Existing and Future Trusts and Estates. This act applies to every trust or decedent's estate existing on or after the effective date of this act, except as otherwise expressly provided in the will or terms of the trust or in this act. L.2001,c.212,s.30.
N.J. Stat. § 3B:13-2 — NJ Code / Title 3B / Chapter 13 / Section 13-2
Definitions.
Status: in_force

3B:13-2. As used in this chapter: a. "Federal agency" means any bureau, office, board, or officer of the United States by whatever name known, now or hereafter charged by Congress: (1) With payment of pensions, bounties, and allowances to veterans of the military service of the United States, their widows, widowers, children, mothers, and fathers; or (2) With the administration of the affairs of any of the aforesaid persons who may be minors or persons who are incapacitated or with the management of pensions, bounties, and allowances payable to them. b. "Military" has reference to the army, navy, marine, air, and coast guard services. c. "Estate" and "income" include only moneys received by the guardian from a Federal agency and earnings, interest, and profits derived therefrom. d. "Benefits" means moneys payable by the United States to the aforesaid persons or their guardians through a Federal agency. e. "Chief officer" means an officer of a Federal agency, charged by the laws of the United States with the particular duty in connection with which the term is used. f. "Ward" means a beneficiary of a Federal agency. g. "Guardian" means a person acting as fiduciary for a ward. amended 2013, c.103, s.25.
N.J. Stat. § 3B:23-3 — NJ Code / Title 3B / Chapter 23 / Section 23-3
Method of distribution
Status: in_force

If the personal representative of either a testate or an intestate estate has, in the exercise of good faith and reasonable discretion, continued to hold in kind the distributable assets of an intestate estate or of the residue of a testate estate, the assets shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests, otherwise those assets shall be converted into cash for distribution. L.1981, c. 405, s. 3B:23-3, eff. May 1, 1982.
N.J. Stat. § 3B:4-5 — NJ Code / Title 3B / Chapter 4 / Section 4-5
Lapse of devise.
Status: in_force

3B:4-5. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. L.1981, c.405, s.3B:4-5, eff. May 1, 1982; amended 2004, c.132, s.43.
N.J. Stat. § 3B:23-25 — NJ Code / Title 3B / Chapter 23 / Section 23-25
Amount of bond; form
Status: in_force

The bond required under N.J.S. 3B:23-24 or N.J.S. 3B:23-33 shall be in the amount or value of the devise or allotted distributive share and shall be sufficient, if signed by the devisee or distributee, or his guardian, as the case may be, without any sureties whatever. L.1981, c. 405, s. 3B:23-25, eff. May 1, 1982.
N.J. Stat. § 3B:3-3 — NJ Code / Title 3B / Chapter 3 / Section 3-3
Writings intended as wills.
Status: in_force

3B:3-3. Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.3B:3-2 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will. L.1981, c.405, s.3B:3-3, eff. May 1, 1982; amended 2004, c.132, s.10; 2005, c.160, s.3.
N.J. Stat. § 3B:3-6 — NJ Code / Title 3B / Chapter 3 / Section 3-6
Validating acknowledgment
Status: in_force

An acknowledgment to make a will self-proved taken on or after September 1, 1978, but before October 11, 1979, pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to make a will self-proved under N.J.S. 3B:3-4 or N.J.S. 3B:3-5 is a valid acknowledgment, notwithstanding that the certificate of acknowledgment does not have the officer's official seal affixed thereto. L.1981, c. 405, s. 3B:3-6, eff. May 1, 1982.
N.J. Stat. § 3B:14-37 — NJ Code / Title 3B / Chapter 14 / Section 14-37
Protection of persons assisting or dealing with fiduciary.
Status: in_force

3B:14-37. Protection of persons assisting or dealing with fiduciary. a. A person other than a beneficiary who in good faith either assists a fiduciary or deals with him for value is protected as if the fiduciary properly exercised his power. b. The fact that a person knowingly deals with a fiduciary does not alone require the person to inquire into the existence of a power or the propriety of its exercise. c. Except as to real property specifically devised by will, no provision in any will, trust or order of court purporting to limit the power of a fiduciary is effective except as to persons with actual knowledge thereof. d. A person who in good faith pays, transfers or delivers to a fiduciary money or other property is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of the payment, transfer or delivery is not invalid in consequence of a misapplication by the fiduciary. e. A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee. f. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. g. The protection here expressed is in addition to that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. Amended 2015, c.276, s.2.
N.J. Stat. § 3B:12-44 — NJ Code / Title 3B / Chapter 12 / Section 12-44
Recommendations to be considered by guardian of ward's estate in making expenditures.
Status: in_force

3B:12-44. Recommendations to be considered by guardian of ward's estate in making expenditures. In making expenditures under N.J.S.3B:12-43, the guardian of the estate of a minor or incapacitated person shall consider recommendations relating to the appropriate standard of support, education and benefit for the ward made by a parent or guardian of the person, if any. The guardian of the estate may not be surcharged for sums paid to persons or organizations actually furnishing support, education or care to the ward pursuant to the recommendations of a parent or guardian of the person unless the guardian knows that the parent or the guardian is deriving personal financial benefit therefrom, or unless the recommendations are clearly not in the best interests of the ward. Amended 2005, c.304, s.31.
N.J. Stat. § 3B:19B-3 — NJ Code / Title 3B / Chapter 19B / Section 19B-3
Fiduciary duties; general principles
Status: in_force

3. Fiduciary Duties; General Principles. a. In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of sections 5 through 9 of this act, a fiduciary: (1) shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this act; (2) may administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this act; (3) shall administer a trust or estate in accordance with this act if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and (4) shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this act do not provide a rule for allocating the receipt or disbursement to or between principal and income. b. A fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. L.2001,c.212,s.3.
N.J. Stat. § 3B:20-11.9 — NJ Code / Title 3B / Chapter 20 / Section 20-11.9
Rule expresses standard of conduct
Status: in_force

9. The prudent investor rule expresses a standard of conduct, not outcome. Compliance with the rule is determined in light of the facts and circumstances existing at the time of the fiduciary's decision or action. L.1997,c.26,s.9.
N.J. Stat. § 3B:12-22 — NJ Code / Title 3B / Chapter 12 / Section 12-22
Appointment when heirs are nonresidents
Status: in_force

When it shall appear to the Superior Court, or surrogate's court that the heirs of a minor residing in this State do not reside within this State, the court may take any action in respect to the appointment of a guardian of the person, guardian of the estate or as guardian of the person and estate for the minor as shall be to his advantage. L.1981, c. 405, s. 3B:12-22, eff. May 1, 1982.
N.J. Stat. § 3B:12B-13 — NJ Code / Title 3B / Chapter 12B / Section 12B-13
Appropriate forum.
Status: in_force

13. Appropriate forum. a. A court of this State having jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) to declare a person incapacitated, appoint a guardian, or issue a protective order, may decline to exercise jurisdiction if it determines at any time that a court of another state is a more appropriate forum. b. If a court of this State declines to exercise jurisdiction under subsection a. of this section, it shall either dismiss or stay the proceeding. The court may impose any condition it deems just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. c. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) the length of time the respondent was physically present in or was a legal resident of this or another state; (4) the distance of the respondent from the court of each state; (5) the financial circumstances of the respondent's estate; (6) the nature and location of the evidence; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) the familiarity of the court of each state with the facts and issues in the proceeding; and (9) if an appointment were to be made, the court's ability to monitor the conduct of the guardian or the conservator. L.2012, c.36, s.13.
N.J. Stat. § 3B:30-7 — NJ Code / Title 3B / Chapter 30 / Section 30-7
No effect on ownership, cancellation, change permitted
Status: in_force

7. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary. L.1995,c.130,s.7.
N.J. Stat. § 3B:19B-21 — NJ Code / Title 3B / Chapter 19B / Section 19B-21
Property not productive of income
Status: in_force

21. Property Not Productive of Income. a. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under section 4 of this act and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time or exercise the power conferred by subsection a. of section 4 of this act. The trustee may decide which action or combination of actions to take. b. In cases not governed by subsection a. of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. L.2001,c.212,s.21.
N.J. Stat. § 3B:19B-8 — NJ Code / Title 3B / Chapter 19B / Section 19B-8
Apportionment of receipts and disbursements when decedent dies or income interest begins
Status: in_force

8. Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins. a. A trustee shall allocate an income receipt or disbursement, other than one to which subsection a. of section 5 of this act applies, to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest. b. A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement shall be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins shall be allocated to principal and the balance shall be allocated to income. c. An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this act. Distributions to shareholders or other owners from an entity to which section 10 of this act applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that are to be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. L.2001,c.212,s.8.
N.J. Stat. § 3B:31-69 — NJ Code / Title 3B / Chapter 31 / Section 31-69
General powers of trustee.
Status: in_force

3B:31-69. General Powers of Trustee. a. Except as limited by section 1 of P.L.1996, c.41 (C.3B:11-4.1) and other express statutory restrictions, a trustee, without authorization by the court, may exercise: (1) powers conferred by the terms of the trust; or (2) except as limited by the terms of the trust: (a) all powers over the trust property which an unmarried competent owner has over individually owned property; (b) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and (c) any other powers conferred by this act and by Title 3B of the New Jersey Statutes. b. The exercise of a power is subject to the fiduciary duties prescribed by this act and by Title 3B of the New Jersey Statutes. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-35 — NJ Code / Title 3B / Chapter 31 / Section 31-35
Rights of beneficiary's creditor or assignee.
Status: in_force

3B:31-35. Rights of Beneficiary's Creditor or Assignee. Except as otherwise provided by law, to the extent a beneficiary's interest is not protected by a spendthrift provision, a creditor or assignee of the beneficiary may reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary, subject to N.J.S.2A:17-50 through N.J.S.2A:17-56 and sections 3 and 4 of P.L.1981, c.203 (C.2A:17-56.1a and C.2A:17-56.6) or other applicable law. The court may limit the award to such relief as is appropriate under the circumstances. L.2015, c.276, s.1.
N.J. Stat. § 3A:25-50 — NJ Code / Title 3A / Chapter 25 / Section 25-50
Interests in property existing on effective date of act
Status: in_force

An interest in property existing on the effective date of this act as to which, if a present interest, the time for filing a disclaimer under this act has not expired, or if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within 9 months after the effective date of this act. L.1979, c. 484, s. 12 eff. Feb. 28, 1980.
N.J. Stat. § 3B:14-61.15 — NJ Code / Title 3B / Chapter 14 / Section 14-61.15
Fiduciary and designated recipient duty and authority.
Status: in_force

15. Fiduciary and Designated Recipient Duty and Authority. a. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. b. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in section 4 of this act, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) may not be used to impersonate the user. c. A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. d. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2. e. A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2. f. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. g. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a copy of the death certificate of the user; (2) a copy of the letters testamentary or letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) if requested by the custodian: (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (b) evidence linking the account to the user; or (c) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (a) of this paragraph. L.2017, c.237, s.15.
N.J. Stat. § 3B:19B-19 — NJ Code / Title 3B / Chapter 19B / Section 19B-19
Minerals, water and other natural resources
Status: in_force

19. Minerals, Water and Other Natural Resources. a. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows: (1) if received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income; (2) if received from a production payment, a receipt shall be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal; (3) if an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, 90 percent shall be allocated to principal and the balance to income; (4) if an amount is received from a working interest or any other interest not provided for in paragraph (1), (2) or (3) of this subsection a., 90 percent of the net amount received shall be allocated to principal and the balance to income. b. An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, 90 percent of the amount shall be allocated to principal and the balance to income. c. This act applies whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust. d. If a trust owns an interest in minerals, water, or other natural resources on the effective date of this act, the trustee may allocate receipts from the interest as provided in this act or in the manner used by the trustee before the effective date of this act. If the trust acquires an interest in minerals, water or other natural resources after the effective date of this act, the trustee shall allocate receipts from the interest as provided in this act. L.2001,c.212,s.19.
N.J. Stat. § 3B:31-24 — NJ Code / Title 3B / Chapter 31 / Section 31-24
Trust for care of animal.
Status: in_force

3B:31-24. Trust for Care of Animal. a. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. b. A trust authorized by this section may be enforced by the settlor or by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. c. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's estate. L.2015, c.276, s.1.
N.J. Stat. § 3B:3-19 — NJ Code / Title 3B / Chapter 3 / Section 3-19
Proof required to probate will.
Status: in_force

3B:3-19. A will executed as provided in N.J.S.3B:3-2 may be admitted to probate by the surrogate upon the proof of one of the attesting witnesses or by some other individual having knowledge of the facts relating to the proper execution of the will by the testator and its attestation by one of the witnesses. A will executed and acknowledged in the manner provided in N.J.S.3B:3-4, or N.J.S.3B:3-5 may be admitted to probate by the surrogate without further affidavit, deposition or proof. A writing intended as a will may be admitted to probate only in the manner provided by the Rules Governing the Courts of the State of New Jersey. L.1981, c.405, s.3B:3-19, eff. May 1, 1982; amended 2004, c.132, s.20.
N.J. Stat. § 3B:5-16 — NJ Code / Title 3B / Chapter 5 / Section 5-16
Omitted children.
Status: in_force

3B:5-16. a. Except as provided in subsection b., if a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted after-born or after-adopted child receives a share in the estate as follows; (1) If the testator had no child living when he executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child or to a trust primarily for the benefit of that other parent and that other parent survives the testator and is entitled to take under the will. (2) If the testator had one or more children living when he executed the will, and the will devised property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows: (a) the portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then-living children under the will. (b) the omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in subparagraph (a), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child. (c) to the extent feasible, the interest granted an omitted after-born or after-adopted child under this section must be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will. (d) in satisfying a share provided by this paragraph, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator. b. Neither subsection a. (1) nor subsection a. (2) applies if: (1) it appears from the will that the omission was intentional; or (2) the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence. c. If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child is entitled to a share in the estate as if the child were an omitted after-born or after-adopted child. d. The share provided by subsection a. (1) shall be taken from devisees under the will ratably and in proportion to their respective interests therein. Amended 2004, c.132, s.57.
N.J. Stat. § 3B:3-18 — NJ Code / Title 3B / Chapter 3 / Section 3-18
Necessity to probate will to transfer property or nominate executor
Status: in_force

To be effective to prove the transfer of any property or to nominate an executor, a will must be admitted to probate. L.1981, c. 405, s. 3B:3-18, eff. May 1, 1982.
N.J. Stat. § 3B:31-8 — NJ Code / Title 3B / Chapter 31 / Section 31-8
Principal place of administration.
Status: in_force

3B:31-8. Principal Place of Administration. a. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: (1) a trustee maintains a place of business located in or a trustee is a resident of the designated jurisdiction; or (2) all or part of the administration occurs in the designated jurisdiction. In the absence of terms of a trust designating the principal place of administration, the initial principal place of administration of a nontestamentary trust shall be this State if the trust is governed by the law of this State, and the principal place of administration of a testamentary trust shall be the jurisdiction in which the decedent was domiciled at the time of death. b. A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries. c. The trustee, in furtherance of the duty prescribed by subsection b. of this section, may transfer the trust's principal place of administration to another State or to a jurisdiction outside of the United States. d. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer shall include: (1) the name of the jurisdiction to which the principal place of administration is to be transferred; (2) the address and telephone number at the new location at which the trustee can be contacted; (3) the date on which the proposed transfer is anticipated to occur; and (4) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary is required to notify the trustee of an objection to the proposed transfer. e. The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice, unless the trustee secures judicial approval for the transfer. f. In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to N.J.S.3B:31-49. L.2015, c.276, s.1.
N.J. Stat. § 3B:10-16 — NJ Code / Title 3B / Chapter 10 / Section 10-16
Decedent's will to be observed
Status: in_force

Where administration is granted with the will annexed, the will of the decedent therein expressed shall be observed and performed. L.1981, c. 405, s. 3B:10-16, eff. May 1, 1982.
N.J. Stat. § 3B:12A-3 — NJ Code / Title 3B / Chapter 12A / Section 12A-3
Jurisdiction, venue.
Status: in_force

3. The Superior Court, Chancery Division, Family Part shall have jurisdiction under sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.). Venue of a kinship legal guardianship action shall be determined in accordance with the applicable Rules of Court. L.2001,c.250,s.3.
N.J. Stat. § 3B:12-66.1 — NJ Code / Title 3B / Chapter 12 / Section 12-66.1
Removal from New Jersey after appointment of guardian.
Status: in_force

48. Removal from New Jersey after Appointment of Guardian. a. A guardian appointed in this State desiring to move to another state with his ward who is a minor shall obtain an order from the Superior Court of this State consenting to the minor's removal and if applicable, the guardian's discharge. The Superior Court may transfer the guardianship to another state if the court is satisfied that a transfer will serve the best interest of the minor. b. The minor's removal and discharge of the guardian shall be on such terms as the Superior Court deems necessary, including requiring filing and settlement of the guardian's account and filing of an exemplified copy of the order evidencing the other state court's acceptance of jurisdiction over the guardianship and the guardian. L.2005, c.304, s.48; amended 2012, c.36, s.22.
N.J. Stat. § 3B:31-18 — NJ Code / Title 3B / Chapter 31 / Section 31-18
Methods of creating trust.
Status: in_force

3B:31-18. Methods of Creating Trust. A trust may be created by: a. transfer of property under a written instrument to another person as trustee during the settlor's lifetime or by will or other written disposition taking effect upon the settlor's death; b. written declaration by the owner of property that the owner holds identifiable property as trustee; or c. written exercise of a power of appointment in favor of a trustee. L.2015, c.276, s.1.
N.J. Stat. § 3B:11-13 — NJ Code / Title 3B / Chapter 11 / Section 11-13
Construction of article
Status: in_force

This article shall be so construed as to enable split-interest trusts and private foundation trusts to qualify for the maximum tax exemptions available to those trusts under the Internal Revenue Code of 1954 as amended. L.1981, c. 405, s. 3B:11-13, eff. May 1, 1982.
N.J. Stat. § 3B:18-8 — NJ Code / Title 3B / Chapter 18 / Section 18-8
Definitions
Status: in_force

As used in this article: a. "Fiduciary" means executor, administrator with the will annexed, substituted administrator with the will annexed, administrator, substituted administrator, or trustee or substituted trustee under a will of a decedent; b. "Property" means any property, real or personal, tangible or intangible, or any interest or estate therein, which does not come into the hands of a fiduciary as part of a decedent's estate, and which, by operation of law or otherwise, has been received or is receivable by anyone other than the fiduciary, and which a taxing authority attempts to tax or does tax, as a decedent's taxable estate, or as part of a decedent's taxable estate, for the purposes of Federal estate tax, New Jersey estate tax, other state or foreign estate taxes, or New Jersey or other state or foreign transfer inheritance, legacy or succession taxes. L.1981, c. 405, s. 3B:18-8, eff. May 1, 1982.
N.J. Stat. § 3B:23-1 — NJ Code / Title 3B / Chapter 23 / Section 23-1
Distribution of assets in kind
Status: in_force

Except where a will authorizes distribution to be made in cash or in kind, the distributable assets of an intestate's estate or testator's estate shall be distributed in kind to the extent reasonably possible through application of the following provisions: a. A specific devisee is entitled to distribution of the thing devised to him; b. Any devise payable in money or an intestate share may be satisfied by value in kind provided: (1) The person entitled to the payment has not demanded payment in cash; (2) The property distributed in kind is valued at fair market value as of the date of its distribution; and (3) No residuary devisee has requested that the asset in question remain a part of the residue of the estate. L.1981, c. 405, s. 3B:23-1, eff. May 1, 1982.
N.J. Stat. § 3B:22-37 — NJ Code / Title 3B / Chapter 22 / Section 22-37
Residue after debts to go to heirs or devisees
Status: in_force

If full payment of debts and claims is made, and there remains a residue, the residue shall be divided among the heirs of an intestate in the proportions as provided by law, or in case of a will, to the devisees as the will directs. L.1981, c. 405, s. 3B:22-37, eff. May 1, 1982.
N.J. Stat. § 3B:2-5 — NJ Code / Title 3B / Chapter 2 / Section 2-5
Disputes or doubts in proceedings before the surrogate.
Status: in_force

3B:2-5. In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither the surrogate nor the court shall take any further action therein, except in accordance with the order of the Superior Court. L.1981, c.405, s.3B:2-5, eff. May 1, 1982; amended 2004, c.132, s.4.
N.J. Stat. § 3B:13A-33 — NJ Code / Title 3B / Chapter 13A / Section 13A-33
Termination of conservatorship by conservatee
Status: in_force

Upon application of the conservatee, the court shall terminate the conservatorship, and the conservator, after the allowance of his final account, shall pay over and distribute all funds and property in his hands and under his control to the former conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:11-4.1 — NJ Code / Title 3B / Chapter 11 / Section 11-4.1
Limitations on powers of trustees; applicability; "interested party" defined
Status: in_force

1. a. The following powers conferred by a governing instrument upon a trustee in his or her capacity as a trustee shall not be exercised by that trustee: (1) The power to make discretionary distributions of either principal or income to or for the benefit of the trustee, the trustee's estate, or the creditors of either, unless either: (a) limited by an ascertainable standard relating to the trustee's health, education, support or maintenance, within the meaning of 26 U.S.C. 2041 and 2514; or (b) exercisable by the trustee only in conjunction with another person having a substantial interest in the property subject to the power which is adverse to the interest of the trustee within the meaning of 26 U.S.C. 2041(b) (1) (C) (ii); If a trustee is prohibited by paragraph (1) of this subsection from exercising a power conferred upon the trustee, the trustee nevertheless may exercise that power but shall be limited to distributions for the trustee's health, education, support or maintenance to the extent otherwise permitted by the terms of the trust. (2) The power to make discretionary distributions of either principal or income to satisfy any of the trustee's personal legal obligations for support or other purposes; (3) The power to make discretionary allocations in the trustee's personal favor of receipts or expenses as between income and principal, unless such trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of such trustee's fiduciary duties; (4) The power to exercise any of the powers proscribed in this subsection with regard to an individual other than the trustee to the extent that such individual could exercise a similar prohibited power in connection with a trust that benefits the trustee. b. Unless otherwise prohibited by the provisions of subsection a. of this section, a trustee may exercise a power described in that subsection in favor of someone other than the trustee, the trustee's estate, or the creditors of either. c. If a governing instrument contains a power proscribed under subsection a. of this section the following shall apply: (1) If the power is conferred on two or more trustees, it may be exercised by the trustee or trustees who are not so prohibited as if they were the only trustee or trustees; or (2) If there is no trustee in office who can exercise such power upon application of any interested party, a court of competent jurisdiction shall appoint a trustee to exercise such power or, except as provided in subsection d. of this section, a successor trustee who would not be disqualified shall be appointed to exercise the power that the other trustees cannot exercise in accordance with the provisions of the trust instrument as if the office of trustee were vacant. d. No beneficiary of a trust, in an individual, trustee or other capacity, may appoint, or remove and appoint, a trustee who is related or subordinate to the beneficiary within the meaning of 26 U.S.C. 672 (c) unless: (1) the trustee's discretionary power to make distributions to or for such beneficiary is limited by an ascertainable standard relating to the beneficiary's health, education, support or maintenance as set forth in subsection a. of this section; (2) the trustee's discretionary power may not be exercised to satisfy any of such beneficiary's legal obligations for support or other purposes; and (3) the trustee's discretionary power may not be exercised to grant to such beneficiary a general power to appoint property of the trust to the beneficiary, the beneficiary's estate or the creditors thereof within the meaning of 26 U.S.C. 2041. This subsection d. shall not apply if the appointment of the trustee by the beneficiary may be made only in conjunction with another person having a substantial interest in the property of the trust, subject to the power, which is adverse to the exercise of the power in favor of the beneficiary within the meaning of 26 U.S.C. 2041(b) (1) (C) (ii). e. The provisions of this section shall not apply during the time that a trust remains revocable or amendable by the grantor. f. This section applies to: (1) Any trust created under a governing instrument executed 90 days or more after the effective date of this act, unless the governing instrument expressly provides that this act does not apply; and (2) Any trust created under a governing instrument executed before 90 days after the effective date of this act, unless all interested parties affirmatively elect on or before three years after the effective date by a written declaration signed by or on behalf of each interested party and delivered to the trustee, not to be subject to the application of this act. In the case of a testamentary trust, such declarations shall be filed with the clerk of the court in which the will was admitted to probate. g. In this section the term "interested party" means: (1) Each trustee then serving; and (2) Each person having an interest in income or principal whom it would be necessary to join as a party in a proceeding for the judicial settlement of a trustee's account or, if such a person has not attained majority or is otherwise incapacitated, the person's legal representative under applicable law or the person's agent under a durable power of attorney that is sufficient to grant such authority. L.1996,c.41.
N.J. Stat. § 3B:31-7 — NJ Code / Title 3B / Chapter 31 / Section 31-7
Governing law.
Status: in_force

3B:31-7. Governing Law. The meaning and effect of the terms of a trust are determined by: a. the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or b. in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue. L.2015, c.276, s.1.
N.J. Stat. § 3B:5-8 — NJ Code / Title 3B / Chapter 5 / Section 5-8
After born heirs.
Status: in_force

3B:5-8. After born heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. Amended 2004, c.132, s.50; 2005, c.160, s.7.
N.J. Stat. § 3B:3-36 — NJ Code / Title 3B / Chapter 3 / Section 3-36
Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator.
Status: in_force

3B:3-36. Except as provided in N.J.S.3B:3-35: a. a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. b. if the residue is devised to two or more persons, unless a contrary intention shall appear by the will, the share of a residuary devise that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue. L.1981, c.405, s.3B:3-36, eff. May 1, 1982; amended 2004, c.132, s.32.
N.J. Stat. § 3B:14-58 — NJ Code / Title 3B / Chapter 14 / Section 14-58
Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks
Status: in_force

3B:14-58. Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks. a. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks drawn by him upon an account in the name of his principal, if he is empowered to draw thereon, or, except as provided in subsection b. of this section, if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving the deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary. The bank is authorized to pay the amount of the deposit of any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the deposit or in drawing the check, or with knowledge of facts that its action in receiving the deposit of paying the check amounts to bad faith. b. In the case of an instrument payable to the principal or the fiduciary as fiduciary, the bank has notice of the breach of fiduciary duty if the instrument is deposited to an account other than an account of the fiduciary, as fiduciary, or an account of the principal. Amended 1995, c.28, s.11; 1996, c.134, s.2.
N.J. Stat. § 3B:6-4 — NJ Code / Title 3B / Chapter 6 / Section 6-4
Division of property, joint tenants or tenants by the entirety
Status: in_force

Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. L.1981, c. 405, s. 3B:6-4, eff. May 1, 1982.
N.J. Stat. § 3B:11-10 — NJ Code / Title 3B / Chapter 11 / Section 11-10
Provision included in trust instruments governing nonprofit corporations administering private foundation trusts
Status: in_force

Notwithstanding any provision to the contrary contained in any law of this State or in any trust instrument, and except as otherwise provided in N.J.S. 3B:11-12, each trust instrument governing a nonprofit corporation administering a private foundation trust shall, by virtue of this article, and without any further act by any person or persons, be deemed to include the following: "This corporation shall make distributions at times and in a manner as not to subject it to tax under section 4942 of the Internal Revenue Code of 1954 as amended, and shall not engage in any act of self-dealing as defined in section 4941 of the code, and shall not retain any excess business holdings as defined in section 4943 of the code, and shall not make any investments as defined in section 4944 of the code, and shall not make any taxable expenditure which would subject it to tax under section 4945 of the code." L.1981, c. 405, s. 3B:11-10, eff. May 1, 1982.
N.J. Stat. § 3B:12-6 — NJ Code / Title 3B / Chapter 12 / Section 12-6
Circumstances under which money may be paid or personal property delivered.
Status: in_force

3B:12-6. Circumstances under which money may be paid or personal property delivered. Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000.00 per annum, by paying or delivering the money or property to: a. The minor, if married; b. A parent or parents of the minor; c. Any person having the care and custody of the minor with whom the minor resides; d. A guardian of the person of the minor; or e. A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving written notice of the deposit to the minor. Amended 2005, c.304, s.6.
N.J. Stat. § 3B:10-4 — NJ Code / Title 3B / Chapter 10 / Section 10-4
When heirs entitled to assets without administration.
Status: in_force

3B:10-4. When heirs entitled to assets without administration. Where the total value of the real and personal assets of the estate of an intestate will not exceed $20,000 and the intestate leaves no surviving spouse, partner in a civil union, or domestic partner, and one of his heirs shall have obtained the consent in writing of the remaining heirs, if any, and shall have executed before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the intestate's assets are located, or before the Superior Court, the affidavit herein provided for, shall be entitled to receive the assets of the intestate of the benefit of all the heirs and creditors without administration or entering into a bond. Upon executing the affidavit, and upon filing it and the consent, he shall have all the rights, powers and duties of an administrator duly appointed for the estate and may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall set forth the residence of the intestate at his death, the names, residences and relationships of all of the heirs and specifically the nature, location and value of the real and personal assets and also a statement that the value of the intestate's real and personal assets will not exceed $20,000. The consent and the affidavit shall be filed and recorded, in the office of the Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by R.S.46:14-6.1 to take acknowledgments or proofs. amended 1983, c.246, s.2; 2004, c.132, s.78; 2005, c.331, s.25; 2015, c.232, s.2.
N.J. Stat. § 3B:31-13 — NJ Code / Title 3B / Chapter 31 / Section 31-13
Representation: basic effect.
Status: in_force

3B:31-13. Representation: Basic Effect. a. Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person. b. The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. c. Except as otherwise provided in N.J.S.3B:31-27 and N.J.S.3B:31-43, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. d. A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under subsection a. of N.J.S.3B:31-27. L.2015, c.276, s.1.
N.J. Stat. § 3B:20-28 — NJ Code / Title 3B / Chapter 20 / Section 20-28
Deposit of securities by fiduciary
Status: in_force

Notwithstanding any other provision of law, a fiduciary holding securities in a trust estate, or any banking institution holding securities as a custodian or managing agent, or as custodian for a fiduciary, is authorized to deposit or arrange for the deposit of the securities in a clearing corporation. L.1981, c. 405, s. 3B:20-28, eff. May 1, 1982.
N.J. Stat. § 3B:26-2 — NJ Code / Title 3B / Chapter 26 / Section 26-2
Appointment of trustee for absent person; general duties and powers
Status: in_force

If an absent person has property in this State, which property may be wasted or dissipated unless proper management is provided, or where funds are needed for the support, care and welfare of the person or those entitled to be supported by him, and protection is necessary or desirable to obtain or provide funds, the Superior Court may in a summary action appoint one or more trustees to take charge of and manage the property. The trustee shall be under the direction and control of the court and shall have full power over the property and may commence and maintain proceedings for the conservation, protection or disposal of the property, or any part thereof, as the court may deem proper. L.1981, c. 405, s. 3B:26-2, eff. May 1, 1982.
N.J. Stat. § 3B:2-4 — NJ Code / Title 3B / Chapter 2 / Section 2-4
Proceedings in Superior Court on order to show cause
Status: in_force

The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner. L.1981, c. 405, s. 3B:2-4, eff. May 1, 1982.
N.J. Stat. § 3B:3-2.1 — NJ Code / Title 3B / Chapter 3 / Section 3-2.1
Creation, maintenance of will registry; fees.
Status: in_force

1. a. The Secretary of State shall create and maintain a will registry in which a testator or his attorney may register information regarding the testator's will. The information contained in such registry shall include the name of the person making the will, the date the will was made, and sufficient identification of the location of the will at the time of registration. The registry shall not contain a copy of the will. b. The fee for registration of a will shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. c. The existence or nonexistence of a registration for a particular will shall not be considered as evidence in any proceeding relating to such will, and the failure to file information about a will in the will registry shall not be a factor in determining the validity of the will. d. The fee for application to the Secretary of State to conduct a search of the registry shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. Only interested persons and their representatives may conduct a search of the registry. As used in this act, "interested persons" means children, spouses, potential heirs, devisees, fiduciaries, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. e. The Secretary of State shall not be liable for the accuracy of the representation of the person conducting a search of the registry or for the accuracy of the information contained in the registry. L.2005,c.97,s.1.
N.J. Stat. § 3B:10-32 — NJ Code / Title 3B / Chapter 10 / Section 10-32
Powers of surviving copersonal representative
Status: in_force

Unless the terms of the will otherwise provide, every power exercisable by copersonal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office. L.1981, c. 405, s. 3B:10-32, eff. May 1, 1982.
N.J. Stat. § 3B:10-17 — NJ Code / Title 3B / Chapter 10 / Section 10-17
Manner in which appointment shall be made
Status: in_force

The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by the surrogate's court or the Superior Court in the manner and upon the conditions prescribed for granting letters of administration to the first administrators in other cases. L.1981, c. 405, s. 3B:10-17, eff. May 1, 1982.
N.J. Stat. § 3B:12-45 — NJ Code / Title 3B / Chapter 12 / Section 12-45
Other factors to be considered by guardian of ward's estate in making expenditures.
Status: in_force

3B:12-45. Other factors to be considered by guardian of ward's estate in making expenditures. In making expenditures under N.J.S.3B:12-43, the guardian of the estate of a minor or incapacitated person shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the ward with due regard to: a. The size of the ward's estate; b. The probable duration of the guardianship and the likelihood that the ward, at some future time, may be fully able to manage his affairs and the estate which has been conserved for him; and c. The accustomed standard of living of the ward and members of the ward's household. Amended 2005, c.304, s.32.
N.J. Stat. § 3B:9-13 — NJ Code / Title 3B / Chapter 9 / Section 9-13
Extension of time to disclaim interest existing on February 28, 1980.
Status: in_force

3B:9-13. Extension of time to disclaim interest existing on February 28, 1980. a. An interest in property existing on February 28, 1980, as to which, if a present interest, the time for filing a disclaimer under this chapter has not expired, or if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within 9 months after February 28, 1980. b. An interest in property existing on the effective date of this chapter as amended and supplemented by P.L.2004, c.132 (C.3B:3-33.1 et al.) as to which the right to disclaim has not been barred by prior law may be disclaimed at any time before the right to disclaim is barred by N.J.S.3B:9-9. Amended 2004, c.132, s.76; 2005, c.160, s.14.
N.J. Stat. § 3B:14-8 — NJ Code / Title 3B / Chapter 14 / Section 14-8
"Engaged in war service" defined
Status: in_force

For the purposes of this article, a fiduciary or person named to act as fiduciary shall be deemed to be engaged in war service if in time of war: a. He is a member of the armed forces of the United States or of any of its allies or has been accepted for service and is awaiting induction into the service; or b. He is engaged in any work abroad in connection with a governmental agency of the United States or in connection with the American Red Cross Society or any other body with similar objects; or c. He is interned in an enemy country or is in a foreign country or a possession or dependency of the United States and is unable to return to this State. L.1981, c. 405, s. 3B:14-8, eff. May 1, 1982.
N.J. Stat. § 3B:11-8 — NJ Code / Title 3B / Chapter 11 / Section 11-8
Short title
Status: in_force

This article shall be known and may be cited as the "Charitable Trust Law of 1971." L.1981, c. 405, s. 3B:11-8, eff. May 1, 1982.
N.J. Stat. § 3B:22-1 — NJ Code / Title 3B / Chapter 22 / Section 22-1
Waiver of statutes of limitations
Status: in_force

Unless an estate is insolvent the personal representative may, but only with the consent of all successors, waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. L.1981, c. 405, s. 3B:22-1, eff. May 1, 1982.
N.J. Stat. § 3B:14-49 — NJ Code / Title 3B / Chapter 14 / Section 14-49
Submission to jurisdiction of courts
Status: in_force

A domiciliary foreign fiduciary submits himself personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by: a. Filing authenticated copies of his letters as provided in N.J.S. 3B:14-28; b. Receiving payment of money or taking delivery of personal property under N.J.S. 3B:14-25, but jurisdiction hereunder is limited to the money or value of personal property received; c. Doing any act as a fiduciary in this State which would have given the State jurisdiction over him as an individual. L.1981, c. 405, s. 3B:14-49, eff. May 1, 1982.
N.J. Stat. § 3B:14-9 — NJ Code / Title 3B / Chapter 14 / Section 14-9
Appointment of substitute for fiduciary engaged in war service
Status: in_force

If a person is named to act as a fiduciary in a will or in any instrument creating a trust, who has not accepted the appointment or has not qualified, or if a person acting as a fiduciary is engaged in war service, the court may suspend the right of that person to be appointed as the fiduciary or suspend the powers of the fiduciary while he is engaged in war service and until the further order of the court. The court may appoint a substituted fiduciary until the termination of the suspension and reinstatement of the fiduciary or the person named to act as fiduciary is appointed. L.1981, c. 405, s. 3B:14-9, eff. May 1, 1982.
N.J. Stat. § 3B:31-68 — NJ Code / Title 3B / Chapter 31 / Section 31-68
Discretionary powers.
Status: in_force

3B:31-68. Discretionary Powers. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-31 — NJ Code / Title 3B / Chapter 31 / Section 31-31
Reformation to correct mistakes.
Status: in_force

3B:31-31. Reformation to Correct Mistakes. The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's probable intent if it is proved by clear and convincing evidence that there was a mistake of fact or law, whether in expression or inducement. L.2015, c.276, s.1.
N.J. Stat. § 3B:30-10 — NJ Code / Title 3B / Chapter 30 / Section 30-10
Transfer on death, effectiveness
Status: in_force

10. a. A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this act and is not testamentary. b. This act does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State. L.1995,c.130,s.10.
N.J. Stat. § 3B:14-61.11 — NJ Code / Title 3B / Chapter 14 / Section 14-61.11
Disclosure of digital assets held in trust when trustee is original user.
Status: in_force

11. Disclosure of Digital Assets Held in Trust When Trustee is Original User. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. L.2017, c.237, s.11.
N.J. Stat. § 3B:18-3 — NJ Code / Title 3B / Chapter 18 / Section 18-3
Provision in will for specific compensation
Status: in_force

Where provision is made in a will for specific compensation to a fiduciary, the compensation shall be deemed full payment for services in lieu of commissions provided by this chapter, unless the fiduciary shall in writing filed with the surrogate or clerk of the Superior Court renounce the specific compensation. L.1981, c. 405, s. 3B:18-3, eff. May 1, 1982.
N.J. Stat. § 3B:13A-17 — NJ Code / Title 3B / Chapter 13A / Section 13A-17
Inventory
Status: in_force

A conservator may, and if required by the court shall, file with the clerk of the court an inventory, under oath, of all the real and personal property which has come into his hands or control or into the hands of any other person for him. The court shall not require an inventory and appraisement to be filed until 3 months have elapsed after the grant of letters. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:3-48 — NJ Code / Title 3B / Chapter 3 / Section 3-48
Construction of generic terms included in class gift terminology.
Status: in_force

3B:3-48. a. Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships. b. In addition to the requirements of subsection a., in construing a donative disposition by a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse or surviving spouse. c. In addition to the requirements of subsection a., in construing a dispositive provision by a transferor who is not the adoptive parent, an adopted individual is not considered the child of the adoptive parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adoptive parent. L.1981, c.405, s.3B:3-48, eff. May 1, 1982; amended 2004, c.132, s.39.
N.J. Stat. § 3B:31-21 — NJ Code / Title 3B / Chapter 31 / Section 31-21
Trust purposes.
Status: in_force

3B:31-21. Trust Purposes. A trust may be enforced only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms shall be for the benefit of its beneficiaries. L.2015, c.276, s.1.
N.J. Stat. § 3B:27-1 — NJ Code / Title 3B / Chapter 27 / Section 27-1
Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.
Status: in_force

3B:27-1. Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event. a. A resident or nonresident of this State who absents himself from the place of his last known residence for a continuous period of 5 years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. b. A resident or nonresident of this State who is exposed to a specific event certified by the Governor as a catastrophic event that has resulted in a loss of life to persons known or unknown and whose absence following that event is not satisfactorily explained after diligent search or inquiry is presumed to be dead. The death is presumed to have occurred at the time of the catastrophic event. c. Nothing in this section shall be construed to limit or abrogate the special peril doctrine under the common law. Amended 2001, c.247, s.1.
N.J. Stat. § 3B:13A-23 — NJ Code / Title 3B / Chapter 13A / Section 13A-23
Powers conferred upon conservator
Status: in_force

A conservator has all of the powers conferred upon him by law and the terms of this chapter, except that a conservator's powers over the property of the conservatee are limited to the investment of income or the expenditure and distribution of income and principal as set forth in N.J.S. 3B:13A-18 and N.J.S. 3B:13A-21, unless other powers are specifically conferred upon the conservator by the court or by the conservatee in an acknowledged writing. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:12B-2 — NJ Code / Title 3B / Chapter 12B / Section 12B-2
Scope of act.
Status: in_force

2. Scope of Act. a. P.L.2012, c.36 (C.3B:12B-1 et al.) governs the exercise of jurisdiction over guardianship or protective orders, as those terms are defined in P.L.2012, c.36 (C.3B:12B-1 et al.), when there are interstate conflicts or uncertainty regarding whether a court of this State or a court of another state should act. The act establishes uniform procedures that are intended to be used to facilitate proceedings between courts in different states and to resolve uncertainty about appropriate jurisdiction. b. P.L.2012, c.36 (C.3B:12B-1 et al.) is not intended to and does not alter substantive law pertaining to guardianship, conservatorship and protective proceedings, or arrangements and protective orders as defined elsewhere in Title 3B of the New Jersey Statutes or the original general jurisdiction of the Superior Court throughout the State in all causes. L.2012, c.36, s.2.
N.J. Stat. § 3B:31-40 — NJ Code / Title 3B / Chapter 31 / Section 31-40
Overdue distribution.
Status: in_force

3B:31-40. Overdue Distribution. a. For the purposes of this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion, regardless of whether the terms of the trust (1) include a support or other standard to guide the trustee in making distribution decisions, or (2) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard. b. Except as otherwise provided in section 1 of P.L.1996, c.41 (C.3B:11-4.1), whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-38 — NJ Code / Title 3B / Chapter 31 / Section 31-38
Discretionary trusts; effect of standard.
Status: in_force

3B:31-38. Discretionary Trusts; Effect of Standard. a. Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) The discretion is expressed in the form of a standard of distribution; or (2) The trustee has abused the discretion. b. This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. c. With respect to the powers set forth in section 1 of P.L.1996, c.41 (C.3B:11-4.1), the provisions of this section shall apply even though the beneficiary is the sole trustee or a co-trustee of the trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:11-26 — NJ Code / Title 3B / Chapter 11 / Section 11-26
Bylaws
Status: in_force

The board shall adopt bylaws which shall include a declaration delineating the primary geographic area serviced by the trust and the principal services to be provided and shall file the bylaws with the Secretary of State. L. 1985, c. 424, s. 8.
N.J. Stat. § 3B:23-6 — NJ Code / Title 3B / Chapter 23 / Section 23-6
Proof of delivery of instrument of distribution conclusive evidence of distributee's receipt of assets; exception
Status: in_force

Proof that a distributee has received an instrument or deed of distribution of assets in kind or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. L.1981, c. 405, s. 3B:23-6, eff. May 1, 1982.
N.J. Stat. § 3B:10-14 — NJ Code / Title 3B / Chapter 10 / Section 10-14
Appointment of debtor as executor; debt not discharged
Status: in_force

The appointment of a debtor as executor shall not, unless otherwise expressed in the will, be construed to discharge the executor from payment of the debt, but the debt shall be considered an asset in the hands of the executor and shall be accounted for in the same manner as any other part of the decedent's estate. L.1981, c. 405, s. 3B:10-14, eff. May 1, 1982.
N.J. Stat. § 3B:14-36 — NJ Code / Title 3B / Chapter 14 / Section 14-36
Voidable sales, encumbrances or transactions; exceptions
Status: in_force

Any sale or encumbrance to the fiduciary, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the fiduciary, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless: a. The will or a contract entered into by the decedent expressly authorized the transaction; or b. The transaction is approved by the court after notice to interested persons. L.1981, c. 405, s. 3B:14-36, eff. May 1, 1982.
N.J. Stat. § 3B:22-40 — NJ Code / Title 3B / Chapter 22 / Section 22-40
Heirs and devisees liable for debt of decedent
Status: in_force

Every creditor, whether by simple contract or specialty, and whether or not the heirs or devisees are mentioned therein, shall have and may maintain by virtue of this article an action against the heirs and devisees of his deceased debtor dying seized or possessed of any real or personal property. The heirs or devisees shall be liable to pay the debt by reason of the descent or devise of the real or personal property to them in the manner provided in this article. In all actions creditors shall be preferred as in actions against personal representatives. L.1981, c. 405, s. 3B:22-40, eff. May 1, 1982.
N.J. Stat. § 3B:14-53 — NJ Code / Title 3B / Chapter 14 / Section 14-53
Definitions
Status: in_force

As used in this article: a. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking and any State chartered savings and loan association, or any Federal savings and loan association, having its principal office in this State; The inclusion of savings and loan associations within the provisions of this article shall not be construed as conferring upon those associations any powers not otherwise conferred by this article, nor as enlarging any powers so conferred; b. "Fiduciary" includes a trustee under any trust, express, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate; c. "Person" includes two or more persons having a joint or common interest; d. "Principal" includes any person to whom a fiduciary as such owes an obligation; e. A thing is done "in good faith" within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not. L.1981, c. 405, s. 3B:14-53, eff. May 1, 1982.
N.J. Stat. § 3B:2-3 — NJ Code / Title 3B / Chapter 2 / Section 2-3
Jurisdiction of Superior Court over surrogate's proceedings
Status: in_force

The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review any order, determination or judgment of the surrogate or the surrogate's court of a county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county. L.1981, c. 405, s. 3B:2-3, eff. May 1, 1982.
N.J. Stat. § 3B:14-61.8 — NJ Code / Title 3B / Chapter 14 / Section 14-61.8
Disclosure of other digital assets of deceased user.
Status: in_force

8. Disclosure of Other Digital Assets of Deceased User. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian: a. a written request for disclosure in physical or electronic form; b. a copy of the death certificate of the user; c. a certificate evidencing the appointment of the representative or a small-estate affidavit; and d. if requested by the custodian, any of the following: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; (3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (4) a finding by the court of either of the following: (a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; or (b) disclosure of the user's digital assets is reasonably necessary for administration of the estate. L.2017, c.237, s.8.
N.J. Stat. § 3B:15-20 — NJ Code / Title 3B / Chapter 15 / Section 15-20
Effect of discharge of surety
Status: in_force

After discharge of a surety pursuant to this article, all his liability by virtue of his undertaking shall cease, but the personal liability of the principal in the bond shall remain. L.1981, c. 405, s. 3B:15-20, eff. May 1, 1982.
N.J. Stat. § 3B:15-16 — NJ Code / Title 3B / Chapter 15 / Section 15-16
Deposit and investment.
Status: in_force

3B:15-16. Deposit and investment. Where the estate of a minor for whom a guardian has been or is to be appointed by a surrogate, consists of or is likely to consist of the proceeds of a judgment recovered in favor of the minor in any court of this State, the court, on application of the guardian or a person entitled to be appointed as guardian, by its order may dispense with the giving of a bond by the guardian where the order directs that the moneys be paid into the Superior Court for the benefit of the minor and that the moneys, or any part thereof, shall be deposited to the credit of the court in an interest-bearing account in, or in interest-bearing certificates of deposit of, a responsible bank, savings bank or trust company, or in an account in, or in interest-bearing certificates of deposit of, any savings and loan association of this State or any other state, or any federal savings and loan association within the United States, the accounts of which are insured by the Federal Deposit Insurance Corporation, designated by the court. Amended 2001, c.287.
N.J. Stat. § 3B:13A-11 — NJ Code / Title 3B / Chapter 13A / Section 13A-11
Service of process
Status: in_force

Service of process under N.J.S. 3B:13A-10 shall be made by leaving a copy of the process with the clerk of the court together with a fee of $2.00 to be taxed in the costs. The clerk shall forthwith notify the conservator of the service by mailing a letter, with a copy of the process served enclosed, with full postage prepaid, directed to the conservator at the post office address given in the power of attorney. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:18-25.2 — NJ Code / Title 3B / Chapter 18 / Section 18-25.2
Powers of qualified bank; duties of agent
Status: in_force

12. a. Notwithstanding any law to the contrary, a qualified bank acting in any capacity authorized pursuant to section 28 of P.L.1948, c.67 (C. 17:9A-28) on behalf of a trust or estate may employ and pay reasonable compensation to any person, including attorneys, auditors, investment advisers or other agents, even if they are affiliated or associated with the qualified bank, to advise or assist the qualified bank in the performance of any of its administrative duties, whether or not discretionary, and to act without independent investigation upon their recommendation, so long as the qualified bank exercises care, skill, and caution in: selecting the agent; establishing the scope and terms of the agent's duties consistent with the purpose and terms of the governing trust instrument; and periodically reviewing the agent's actions in order to monitor the agent's performance. A qualified bank that delegates investment functions to an investment adviser shall also comply with the requirements of sections 8 and 10 of P.L.1997, c.26 (C.3B:20-11.8 and 3B:20-11.10). b. In performing any agency function, the agent shall owe to the qualified bank and the beneficiaries the same duties as the qualified bank and shall be held to the same fiduciary standards as the qualified bank. c. In the absence of express contrary provisions in the trust instrument, a qualified bank which employs an agent other than an investment adviser or investment manager, may pay the agent from the fiduciary fund if the qualified bank reasonably believes in the exercise of its discretion that such an arrangement is in the best interests of all interested persons and will improve the efficiency of the administration of the fiduciary fund. In the absence of express contrary provisions in the trust instrument, a qualified bank which delegates investment and trust asset management functions to an investment adviser or an investment manager shall comply with the cost control and other requirements of sections 8 and 10 of P.L.1997, c.26 (C.3B:20-11.8 and 3B:20-11.10). d. A qualified bank which substantially complies with the requirements of subsections a. and c. of this section shall not be liable to the beneficiaries or to the trust or estate for the decisions or actions of the agent, and shall not, solely by reason of the delegation, be deemed to engage in acts of self-dealing or a conflict of interest. e. By accepting an appointment as agent from a qualified bank acting as a fiduciary of a trust or estate that is subject to the law of New Jersey, the agent submits to the jurisdiction of the courts of New Jersey, even if the agency agreement provides otherwise. L.1999,c.159,s.12.
N.J. Stat. § 3B:22-8 — NJ Code / Title 3B / Chapter 22 / Section 22-8
Commencement of action by creditor on disputed claim within 3 months after notice
Status: in_force

Within 3 months after receiving notice that a claim or a part of it has been disputed, the creditor shall commence an action to recover on the claim or so much of it as is disputed; otherwise the personal representative shall not be liable to the creditor with respect to any assets which he may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares before the commencement of the action. L.1981, c. 405, s. 3B:22-8, eff. May 1, 1982.
N.J. Stat. § 3A:35-3 — NJ Code / Title 3A / Chapter 35 / Section 35-3
Trust estates not subject to dower or curtesy
Status: in_force

When a deed or will vests title to real estate in a trustee to hold in trust for the benefit of a cestui que trust, and a statement as to the trust appears on the face of the deed or will, the wife or husband of the trustee shall not have a right or estate of dower or curtesy in the trust estate, and the trustee may, by his or her individual deed, convey the same free from any such right or estate.
N.J. Stat. § 3B:13-16 — NJ Code / Title 3B / Chapter 13 / Section 13-16
Support of dependents
Status: in_force

When directed in writing by the proper Federal agency, the guardian shall apply that portion of the estate to the ward's spouse, child, father or mother as may be set forth in the direction. The direction shall be submitted to the Superior Court when an account is filed as proof of the guardian's authority for those payments. Except as permitted by this section, a guardian shall not apply any of the estate of his ward to the support of any person other than his ward. L.1981, c. 405, s. 3B:13-16, eff. May 1, 1982.
N.J. Stat. § 3B:12-12 — NJ Code / Title 3B / Chapter 12 / Section 12-12
Jurisdiction of surrogate to appoint guardians for minors
Status: in_force

In the appointment of guardians for minors, the surrogate's court of the county in which the minor may reside or if he is nonresident, then the county in which he may have real or personal estate, shall have and exercise the same powers as the Superior Court. L.1981, c. 405, s. 3B:12-12, eff. May 1, 1982.
N.J. Stat. § 3B:24-2 — NJ Code / Title 3B / Chapter 24 / Section 24-2
Apportionment of tax among fiduciary and transferees interested in gross tax estate
Status: in_force

Whenever a fiduciary has paid or may be required to pay an estate tax under any law of the State of New Jersey or of the United States upon or with respect to any property required to be included in the gross tax estate of a decedent under the provisions of any law, hereinafter called "the tax," the amount of the tax, except in a case where a testator otherwise directs in his will, and except to the extent where by any instrument other than a will, hereinafter called a "nontestamentary instrument," a direction is given for apportionment within the fund of taxes assessed upon the specific fund dealt with in the "nontestamentary instrument," shall be apportioned among the fiduciary and each of the transferees interested in the gross tax estate whether residents or nonresidents of the State, in accordance with the rules of apportionment stated in this chapter, and the transferees shall each contribute to the tax the amounts apportioned against them. Nothing in this chapter shall be taken to require an apportionment of an estate tax inter sese among the devisees and beneficiaries under a will or among those who take as the heirs at law of a person dying intestate, or against the interest of any surviving spouse in any real property which was held by the spouse and the decedent as tenants by the entirety. L.1981, c. 405, s. 3B:24-2, eff. May 1, 1982.
N.J. Stat. § 3B:14-61.9 — NJ Code / Title 3B / Chapter 14 / Section 14-61.9
Disclosure of content of electronic communications of principal.
Status: in_force

9. Disclosure of Content of Electronic Communications of Principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: a. a written request for disclosure in physical or electronic form; b. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and d. if requested by the custodian: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal. L.2017, c.237, s.9.
N.J. Stat. § 3B:30-2 — NJ Code / Title 3B / Chapter 30 / Section 30-2
Definitions.
Status: in_force

2. As used in the act: "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. "Devisee" means any person designated in a will to receive a disposition of real or personal property. "Heirs" means those persons, including the surviving spouse or domestic partner, who are entitled under the statutes of intestate succession to the property of a decedent. "Person" means an individual, a corporation, an organization or other legal entity. "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership. "Register" including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. "Security account" means: a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. L.1995,c.130,s.2; amended 2005, c.331, s.26.
N.J. Stat. § 3B:15-7 — NJ Code / Title 3B / Chapter 15 / Section 15-7
Bond required of guardian of minor or person who is incapacitated.
Status: in_force

3B:15-7. The bond required of a guardian of a minor or a person who is incapacitated shall be conditioned substantially as follows: a. To administer the ward's estate to the best of the guardian's ability, and to take proper care of the ward if the guardian is the guardian of the ward's person; b. To make a just and true account of the administration of the guardianship, and, if required by the court, to settle the accounts therein within the time so required. amended 2013, c.103, s.47.
N.J. Stat. § 3B:20-19 — NJ Code / Title 3B / Chapter 20 / Section 20-19
Fiduciary as issuing corporation
Status: in_force

3B:20-19. Fiduciary as issuing corporation. An exchange or conversion of securities may be made pursuant to this article notwithstanding that the fiduciary which holds the securities in a trust estate is the same corporation which issued the securities. Amended 1997, c.26, s.19.
N.J. Stat. § 3B:31-75 — NJ Code / Title 3B / Chapter 31 / Section 31-75
Reliance on trust instrument.
Status: in_force

3B:31-75. Reliance on Trust Instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. L.2015, c.276, s.1.
N.J. Stat. § 3B:13-22 — NJ Code / Title 3B / Chapter 13 / Section 13-22
Guardian's bond.
Status: in_force

3B:13-22. Before entering upon the duties of office, a public guardian of veterans who are incapacitated shall execute a bond to the Superior Court in an amount and with sureties as shall be approved by the Superior Court, conditioned for the faithful discharge of all duties imposed by law upon the person appointed public guardian. The bond shall be renewed annually and shall, from time to time, be increased or reduced as the court may direct. The expense of procuring the bond shall be paid by the county treasurer upon presentation of a proper voucher approved by the Assignment Judge of the Superior Court in the county. amended 2013, c.103, s.31.
N.J. Stat. § 3B:28-1 — NJ Code / Title 3B / Chapter 28 / Section 28-1
Estates of dower and curtesy prior to May 28, 1980.
Status: in_force

3B:28-1. Estates of dower and curtesy prior to May 28, 1980. The widow or widower, whether alien or not, of an individual dying intestate or otherwise, shall be endowed for the term of his life of one half of all real property of which the decedent, or another to the decedent's use, was seized of an estate of inheritance at any time during marriage prior to May 28, 1980, unless the widow or widower shall have relinquished her right of dower or his right of curtesy in the manner provided by P.L.1953, c.352 (C.37:2-18.1) or such right of dower or such right of curtesy otherwise shall have been extinguished by law. Amended 2004, c.132, s.89; 2005, c.160, s.19.
N.J. Stat. § 3B:13-6 — NJ Code / Title 3B / Chapter 13 / Section 13-6
Determination of incapacity by Superior Court.
Status: in_force

3B:13-6. For the purpose of appointing a guardian pursuant to this chapter, the incapacity of a beneficiary of a Federal agency shall be determined by the Superior Court. amended 2013, c.103, s.26.
N.J. Stat. § 3B:9-4.1 — NJ Code / Title 3B / Chapter 9 / Section 9-4.1
Disclaimer by a fiduciary of a power of discretion.
Status: in_force

67. a. Any fiduciary, including an agent acting on behalf of a principal within the implied or general authority of a power of attorney, may disclaim any power or discretion held by such fiduciary in a fiduciary capacity. Unless the governing instrument specifically authorizes the fiduciary to disclaim such power or discretion without obtaining court authorization to do so, the disclaimer by the fiduciary shall not be effective unless, prior thereto, such fiduciary has been authorized to disclaim by the court having jurisdiction over the fiduciary after finding that it is advisable and will not materially prejudice the rights of: (1) devisees, heirs, or beneficiaries of the decedent; (2) the minor, the incapacitated individual, the conservatee, or the principal; or (3) the beneficiaries of the trust. b. Unless expressly authorized by the court or by the governing instrument: (1) Any disclaimer under this section shall be personal to the fiduciary so disclaiming and shall not constitute a disclaimer by a co-fiduciary or a successor or substituted fiduciary of such power or discretion; (2) No disclaimer shall affect the rights of: (a) devisees, heirs or beneficiaries of the decedent; (b) the minor, the incapacitated individual, the conservatee, or the principal; or (c) the beneficiaries of the trust. L.2004,c.132,s.67.
N.J. Stat. § 3B:14-61.4 — NJ Code / Title 3B / Chapter 14 / Section 14-61.4
User direction for disclosure of digital assets.
Status: in_force

4. User Direction for Disclosure of Digital Assets. a. A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. b. If a user has not used an online tool to give direction under subsection a. of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. c. A user's direction under subsection a. or b. of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. L.2017, c.237, s.4.
N.J. Stat. § 3B:12-11 — NJ Code / Title 3B / Chapter 12 / Section 12-11
Affidavit of receipt; contents; filing.
Status: in_force

3B:12-11. Affidavit of receipt; contents; filing. The persons making payment of money or delivery of personal property as provided in this article shall obtain from the recipient thereof, if other than a financial institution or a married minor, an affidavit signed by the recipient acknowledging receipt of the money or personal property which shall set forth the recipient's status in relation to the minor and the purpose for which the money or personal property will be used. The affidavit shall be filed in the office of the Surrogate of the county in which the minor resides or if the minor resides outside the State, the county which has jurisdiction of the property. Amended 2005, c.304, s.7.
N.J. Stat. § 3B:5-15 — NJ Code / Title 3B / Chapter 5 / Section 5-15
Entitlement of spouse or domestic partner; premarital will.
Status: in_force

3B:5-15. Entitlement of spouse or domestic partner; premarital will. a. If a testator's surviving spouse married the testator after the testator executed the testator's will, or if a testator's domestic partner formed a domestic partnership with the testator after the testator executed the testator's will, the surviving spouse or domestic partner is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse or domestic partner would have received if the testator had died intestate, unless: (1) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse or in contemplation of the testator's formation of a domestic partnership with the domestic partner; (2) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage or domestic partnership; or (3) the testator provided for the spouse or domestic partner by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence. b. In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse or domestic partner, if any, are applied first, and other devises shall abate ratably and in proportion to their respective interests therein. c. Notwithstanding any other provision of law to the contrary, this section shall apply only to wills executed on or after September 1, 1978. Amended 2004, c.132, s.56; 2005, c.331, s.5.
N.J. Stat. § 3B:19B-23 — NJ Code / Title 3B / Chapter 19B / Section 19B-23
Asset-backed securities
Status: in_force

23. Asset-backed Securities. a. As used in this section, "asset-backed security" means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which section 10 or 17 of this act applies. b. If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal. c. If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal. L.2001,c.212,s.23.
N.J. Stat. § 3B:20-10 — NJ Code / Title 3B / Chapter 20 / Section 20-10
Investments by court order upon change in conditions
Status: in_force

3B:20-10. Investments by court order upon change in conditions. If the court finds that by reason of a change in conditions which has occurred since the creation of the trust or which may be reasonably foreseen, the objects of the trust estate may be defeated in whole or in part by the investment or retention of the trust estate in property to which the fiduciary is limited by the trust instrument and that the objects of the trust estate and those interested in it would be promoted by the investment of all or part of the trust estate otherwise, the court shall authorize or direct the fiduciary to invest the whole of the trust estate or that part of it as shall be designated, in accordance with the provisions of N.J.S.3B:20-1 et seq. Amended 1997, c.26, s.17.
N.J. Stat. § 3B:23-29 — NJ Code / Title 3B / Chapter 23 / Section 23-29
Bond when remainderman is lineal descendant of holder of determinable estate
Status: in_force

Where the person next immediately in remainder is a lineal descendant of the holder of the determinable interest referred to in N.J.S. 3B:23-28, the holder of the determinable interest shall not be required to give security in excess of $50,000.00. L.1981, c. 405, s. 3B:23-29, eff. May 1, 1982.
N.J. Stat. § 3B:12B-22 — NJ Code / Title 3B / Chapter 12B / Section 12B-22
Transitional provision.
Status: in_force

24. Transitional provision. a. P.L.2012, c.36 (C.3B:12B-1 et al.) applies to guardianship and protective proceedings filed on or after the effective date. b. Sections 1 through 4 of P.L.2012, c.36 (C.3B:12B-1 through C.3B:12B-4); sections 6 through 8 of P.L.2012, c.36 (C.3B:12B-6 through C.3B:12B-8); sections 17 through 21 of P.L.2012, c.36 (C.3B:12B-17 through C.3B:12B-21); apply to proceedings begun before the effective date of P.L.2012, c.36 (C.3B:12B-1 et al.), regardless of whether a guardianship or protective order has been issued. L.2012, c.36, s.24.
N.J. Stat. § 3B:12-49 — NJ Code / Title 3B / Chapter 12 / Section 12-49
Powers conferred upon the court.
Status: in_force

3B:12-49. Powers conferred upon the court. The court has, for the benefit of the ward, the ward's dependents and members of his household, all the powers over the ward's estate and affairs which he could exercise, if present and not under a disability, except the power to make a will, and may confer those powers upon a guardian of the estate. These powers include, but are not limited to, the power to convey or release the ward's present and contingent and expectant interests in real and personal property, including dower and curtesy and any right of survivorship incident to joint tenancy or tenancy by the entirety, to exercise or release the ward's powers as trustee, personal representative, custodian for minor, guardian, or donee of a power of appointment, to enter into contracts, to create revocable or irrevocable trusts of property of the estate which may extend beyond the ward's disability or life, to exercise the ward's options to purchase securities or other property, to exercise the ward's rights to elect options and change beneficiaries under insurance annuity policies and to surrender the policies for their cash value, to exercise the ward's right to an elective share in the estate of the ward's deceased spouse or domestic partner as defined in section 3 of P.L.2003, c. 246 (C.26:8A-3) to the extent permitted by law and to renounce any interest by testate or intestate succession or by inter vivos transfer and to engage in planning utilizing public assistance programs consistent with current law. Amended 2005, c.304, s.36.
N.J. Stat. § 3B:13A-29 — NJ Code / Title 3B / Chapter 13A / Section 13A-29
Personal liability of conservator for obligations arising from control of estate
Status: in_force

A conservator is individually liable for obligations arising from control of property of the estate or for any act or omission committed in the course of administration of the estate only if he is personally at fault. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:22-18 — NJ Code / Title 3B / Chapter 22 / Section 22-18
Action on refunding bond of ultimate devisee or heir
Status: in_force

A creditor may sue on a bond taken by a fiduciary pursuant to N.J.S. 3B:22-17, in the same manner and with like effect as if the original personal representative had made payment or distribution directly and had taken the bond himself. L.1981, c. 405, s. 3B:22-18, eff. May 1, 1982.
N.J. Stat. § 3B:31-60 — NJ Code / Title 3B / Chapter 31 / Section 31-60
Delegation by trustee.
Status: in_force

3B:31-60. Delegation by Trustee. a. A trustee may delegate ministerial, administrative and management duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. b. The trustee shall exercise reasonable care, skill, and caution in: (1) selecting an agent; (2) establishing in writing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. c. A trustee shall provide reasonable written notice to the qualified beneficiaries on each occasion upon which the trustee delegates duties pursuant to this section, including the identity of the agent. d. A trustee who complies with subsections b. and c. of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated. e. In performing a delegated function, the agent shall owe to the trustee and the beneficiaries the same duties as the fiduciary and shall be held to the same standards as the fiduciary. f. By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this State, an agent submits to the jurisdiction of the courts of this State, even if the delegation agreement provides otherwise. L.2015, c.276, s.1.
N.J. Stat. § 3B:23-17 — NJ Code / Title 3B / Chapter 23 / Section 23-17
Judgment for distribution
Status: in_force

When the account of a personal representative has been allowed by court, the court may direct just distribution of the property whereof a decedent died intestate which remains in his estate after payment of all debts, expenses and other charges which have been allowed and deducted as provided in chapter 5 of this title. L.1981, c. 405, s. 3B:23-17, eff. May 1, 1982.
N.J. Stat. § 3B:13A-8 — NJ Code / Title 3B / Chapter 13A / Section 13A-8
Designation of conservator
Status: in_force

The court may appoint a person or a financial institution, qualified under the laws of this State to act as a fiduciary, as the conservator of the conservatee's estate. If the court appoints a conservator, it shall do so in the following order of priority: a. A person or financial institution nominated or designated by the conservatee; b. The conservatee's spouse; c. One or more of the conservatee's adult children, or where there are none, the person or persons closest in degree of kinship to the conservatee; or d. Some other proper person or financial institution as the court shall determine. The court may, in its discretion, deviate from this order of priority if a potential conservator is unable or unwilling to serve or for some other good cause. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:31-11 — NJ Code / Title 3B / Chapter 31 / Section 31-11
Nonjudicial settlement agreements.
Status: in_force

3B:31-11. Nonjudicial Settlement Agreements. a. For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. b. Except as otherwise provided in subsection c. of this section or any other provision of this chapter, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. c. A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this act or other applicable law. d. Matters that may be resolved by a nonjudicial settlement agreement include: (1) the interpretation or construction of the terms of the trust; (2) the approval of a trustee's report or accounting; (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; (4) the resignation or appointment of a trustee and the determination of a trustee's compensation; (5) transfer of a trust's principal place of administration; and (6) liability of a trustee for an action relating to the trust. e. Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article 2 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved. f. A nonjudicial settlement may not be used to produce a result that is contrary to other sections of Title 3B of the New Jersey Statutes, including, but not limited to, terminating or modifying a trust in an impermissible manner. L.2015, c.276, s.1.
N.J. Stat. § 3B:14-27 — NJ Code / Title 3B / Chapter 14 / Section 14-27
When payment or delivery may not be made
Status: in_force

Payment or delivery under N.J.S. 3B:14-25 may not be made if a resident creditor of the estate has notified the debtor or the person having possession of the personal property that the debt should not be paid nor the property delivered to the domiciliary foreign fiduciary. L.1981, c. 405, s. 3B:14-27, eff. May 1, 1982.
N.J. Stat. § 3B:13-14 — NJ Code / Title 3B / Chapter 13 / Section 13-14
Removal of guardian for failure to account; costs
Status: in_force

If the Federal agency, the sureties on the guardian's bond, any person interested in the benefits in the hands of the guardian or any person as next friend of the ward serves notice upon the guardian that his account has not been filed in accordance with this article, and if the guardian fails to render his account within 30 days from the date of mailing of the notice or from the time of service or within the time as the court may otherwise provide, the court shall remove him. The notice may be mailed to the guardian's last known address. The cost of the proceedings, as well as the cost incident to an order to show cause when it is necessary to obtain an accounting, shall be paid by the guardian out of his own estate, unless the court shall otherwise order. L.1981, c. 405, s. 3B:13-14, eff. May 1, 1982.
N.J. Stat. § 3B:31-2 — NJ Code / Title 3B / Chapter 31 / Section 31-2
Scope.
Status: in_force

3B:31-2. Scope. This act applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:3-33 — NJ Code / Title 3B / Chapter 3 / Section 3-33
Choice of law as to meaning and effect of wills; testator's intention; rules of construction.
Status: in_force

3B:3-33. The meaning and legal effect of a disposition in a will, trust or other governing instrument shall be determined by the local law of a particular state selected in the will, trust or other governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in N.J.S.3B:8-1 et seq. or any other public policy of this State otherwise applicable to the disposition. L.1981, c.405, s.3B:3-33, eff. May 1, 1982; amended 2004, c.132, s.29.
N.J. Stat. § 3B:18-16 — NJ Code / Title 3B / Chapter 18 / Section 18-16
Corpus commissions; unusual or extraordinary services
Status: in_force

The court may, on an intermediate or the final settlement of the fiduciary's accounts, allow corpus commissions in addition to those hereinabove provided, on a showing that unusual or extraordinary services have been rendered by the fiduciary for which the fiduciary should receive extra compensation. L.1981, c. 405, s. 3B:18-16, eff. May 1, 1982.
N.J. Stat. § 3B:8-8 — NJ Code / Title 3B / Chapter 8 / Section 8-8
Valuation of property derived from decedent.
Status: in_force

3B:8-8. Valuation of property derived from decedent. For the purposes of valuing property derived from the decedent as provided in N.J.S. 3B:8-6: a. Property owned by the spouse or domestic partner at the decedent's death is valued as of the date of decedent's death; and b. Property transferred by the spouse or domestic partner is valued at the time the transfer became irrevocable, or at the decedent's death, whichever occurs first. Amended 2005, c.331, s.13.
N.J. Stat. § 3B:19B-20 — NJ Code / Title 3B / Chapter 19B / Section 19B-20
Timber
Status: in_force

20. Timber. a. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts: (1) to income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest; (2) to principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber; (3) to or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (1) and (2) of this subsection a.; or (4) to principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph (1), (2) or (3) of this subsection a. b. In determining net receipts to be allocated pursuant to subsection a. of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion. c. This section applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust. d. If a trust owns an interest in timberland on the effective date of this act, the trustee may allocate net receipts from the sale of timber and related products as provided in this act or in the manner used by the trustee before the effective date of this act. If the trust acquires an interest in timberland after the effective date of this act, the trustee shall allocate net receipts from the sale of timber and related products as provided in this act. L.2001,c.212,s.20.
N.J. Stat. § 3B:13A-27 — NJ Code / Title 3B / Chapter 13A / Section 13A-27
Annual informal report or accounting
Status: in_force

The conservator shall present to the conservatee an annual informal report or accounting setting forth the collection and disposition of income and other assets within the conservator's control. The annual informal report or accounting shall be filed with the court and available for inspection by any party set forth in N.J.S. 3B:13A-6. In addition, the court may order, upon a showing of good cause by the conservatee, a full accounting by the conservator of all the conservatee's assets within the conservator's control. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:28-7 — NJ Code / Title 3B / Chapter 28 / Section 28-7
N.J.S. 3A:35-3 saved from repeal
Status: in_force

N.J.S. 3A:35-3 is saved from repeal. This section provides that title to real estate vested in a trustee is not subject to dower or curtesy. L.1981, c. 405, s. 3B:28-7, eff. May 1, 1982.
N.J. Stat. § 3B:6-7 — NJ Code / Title 3B / Chapter 6 / Section 6-7
Construction and interpretation
Status: in_force

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. L.1981, c. 405, s. 3B:6-7, eff. May 1, 1982.
N.J. Stat. § 3B:17-7 — NJ Code / Title 3B / Chapter 17 / Section 17-7
Statements or information regarding assets as part of account
Status: in_force

When, in an account, or in a complaint in an action for the settlement of an account, or in any writing annexed to the complaint or account, there appear lists of or statements or information as to the investments or other assets in a fiduciary's hands at the close of, or during, the period covered by the account or as to changes made in investments or other assets during that period, or there appear allegations or information as to other matters done or omitted by the fiduciary during the period, the complaint and the writing, statements, lists, information and allegations shall be deemed to be part of the account. L.1981, c. 405, s. 3B:17-7, eff. May 1, 1982.
N.J. Stat. § 3B:14-55 — NJ Code / Title 3B / Chapter 14 / Section 14-55
Check drawn by and payable to fiduciary
Status: in_force

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw the instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith. L.1981, c. 405, s. 3B:14-55, eff. May 1, 1982.
N.J. Stat. § 3B:20-11.12 — NJ Code / Title 3B / Chapter 20 / Section 20-11.12
Applicability of act
Status: in_force

12. This act shall apply to and govern trusts existing on and created after its effective date. As applied to trusts existing on its effective date, this act governs only actions or omissions occurring after that date. L.1997,c.26,s.12.
N.J. Stat. § 3B:11-25 — NJ Code / Title 3B / Chapter 11 / Section 11-25
No compensation
Status: in_force

Notwithstanding any other provision of law to the contrary, no trustee may be compensated for services provided as a member of the board of a community trust. No fees or commissions shall be paid to these trustees; however, a trustee may be paid for necessary expenses incurred by the trustee and may receive indemnification as permitted under Title 15A of the New Jersey Statutes. L. 1985, c. 424, s. 7.
N.J. Stat. § 3B:23-19 — NJ Code / Title 3B / Chapter 23 / Section 23-19
Order for filing claims of unknown distributees
Status: in_force

3B:23-19. Order for filing claims of unknown distributees. a. When it appears in an action for the distribution of the property of which a decedent dies intestate that no heirs to the property can be found or in addition to persons known to have an interest in the estate, there may be others whose names or addresses are unknown who may be entitled to participate in the distribution, the court may order additional actions to identify and locate heirs. b. If no heirs to the property can be found, the property shall be presumed abandoned and handled in accordance with the "Uniform Unclaimed Property Act (1981)," R.S. 46:30B-1 et seq. c. If, in addition to persons known to have an interest in the estate, others whose names or addresses are unknown may be entitled to participate in the distribution, the court shall order the part of the estate to which they may be entitled held for a specific period. The court shall set that period as two years beginning at the date of death unless good cause is shown to set another period. If the others cannot be located within the period, the court shall order the property divided among the known heirs in proportions as if the unknown heirs did not exist. Amended 2001, c.109, s.2.
N.J. Stat. § 3B:27-2 — NJ Code / Title 3B / Chapter 27 / Section 27-2
Restoration and recovery of property upon reappearance of absentee.
Status: in_force

If an estate or property has been received, recovered or taken into possession by any person by reason of a declaration of death under the provisions of this chapter and in any action or proceeding it is thereafter proved that the person declared dead was alive at the time of the receipt, recovery or taking into possession, the estate or property, or its reasonable value at that time, shall, except as otherwise provided by law, be restored to the person deprived thereof by reason of the declaration, or to his heirs, devisees, personal representative or other persons entitled thereto. He or they may also demand and recover the income, rents and profits therefrom during the time he was or they were deprived thereof. L.1981,c.405, s.3B:27-2, eff. May 1, 1982.
N.J. Stat. § 3B:3-2.2 — NJ Code / Title 3B / Chapter 3 / Section 3-2.2
Regulations.
Status: in_force

2. The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act. L.2005,c.97,s.2.
N.J. Stat. § 3B:18-28 — NJ Code / Title 3B / Chapter 18 / Section 18-28
Corpus commissions on termination of trust, guardianship or upon distribution of assets
Status: in_force

In addition to the annual commissions on corpus, upon termination of the trust or guardianship, or upon distribution of assets from the trust or guardianship, the fiduciary may take a commission on corpus distributed, including accumulated income which has been invested by the fiduciary. The value of the corpus for the purpose of computing the commissions shall be the "presumptive value" or, at the option of the fiduciary, the value at the time of distribution, as defined in N.J.S. 3B:18-18. The amounts of the commissions to be taken are as follows: a. If the distribution of corpus occurs within 5 years of the date when the corpus is received by the fiduciary, an amount equal to the annual commissions on corpus authorized pursuant to N.J.S. 3B:18-25, but not actually taken by the fiduciary, plus an amount equal to 2% of the value of the corpus distributed; b. If distribution of the corpus occurs between 5 and 10 years of the date when the corpus is received by the fiduciary, an amount equal to the annual commissions on corpus authorized pursuant to N.J.S. 3B:18-25, but not actually received by the fiduciary, plus an amount equal to 1 1/2 % of the value of the corpus distributed; c. If the distribution of corpus occurs more than 10 years after the date the corpus is received by the fiduciary, an amount equal to the annual commissions on corpus authorized pursuant to N.J.S. 3B:18-25, but not actually received by the fiduciary, plus an amount equal to 1% of the value of the corpus distributed; and d. If there are two or more fiduciaries, their corpus commissions shall be the same as for a single fiduciary plus an additional amount of one-fifth of the commissions for each additional fiduciary. L.1981, c. 405, s. 3B:18-28, eff. May 1, 1982.
N.J. Stat. § 3B:15-29 — NJ Code / Title 3B / Chapter 15 / Section 15-29
Satisfaction of judgment
Status: in_force

After expiration of the time limited in the order the court may order satisfaction of the judgment to be entered pursuant to law upon proof to its satisfaction that notice has been advertised as directed and that no claims, debts or demands have been presented or that all claims, debts or demands presented and allowed have been fully paid and satisfied by the surety. L.1981, c. 405, s. 3B:15-29, eff. May 1, 1982.
N.J. Stat. § 3B:31-65 — NJ Code / Title 3B / Chapter 31 / Section 31-65
Duty to enforce and defend claims.
Status: in_force

3B:31-65. Duty to Enforce and Defend Claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:28-11 — NJ Code / Title 3B / Chapter 28 / Section 28-11
N.J.S. 3A:36-3 saved from repeal
Status: in_force

N.J.S. 3A:36-3 is saved from repeal. As provided in this section, the court may direct sale as in partition of real estate where dower or curtesy cannot be assigned without prejudice to the owners; direct assignment of dower or curtesy from rents and profits, or order the real estate sold free from dower or curtesy, making compensation for the value thereof. L.1981, c. 405, s. 3B:28-11, eff. May 1, 1982.
N.J. Stat. § 3B:31-66 — NJ Code / Title 3B / Chapter 31 / Section 31-66
Duty to collect trust property and redress breaches of trust.
Status: in_force

3B:31-66. Duty to Collect Trust Property and Redress Breaches of Trust. a. A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee. b. A trustee shall take reasonable steps to redress a breach of trust known to the trustee to have been committed by a former trustee. L.2015, c.276, s.1.
N.J. Stat. § 3B:11-16 — NJ Code / Title 3B / Chapter 11 / Section 11-16
Pooled trust accounts
Status: in_force

1. Prepaid funeral expense moneys used to fund a prepaid funeral agreement may be deposited into a pooled trust account in a federally insured State or federally chartered bank, savings bank or savings and loan association pursuant to a written trust agreement the beneficiaries of which shall be the purchasers or intended funeral recipients. Any such trust agreement shall assure that the following terms and conditions are clearly and conspicuously disclosed in writing to purchasers and intended funeral recipients prior to the acceptance of any moneys by the trustees: a. The right to immediately withdraw on demand any moneys plus accrued interest paid into the trust, except as provided in section 1 of P.L.1991, c.502 (C.2A:102-16.1). b. The right to receive periodic statements not less than once per year reflecting the amount of principal and accrued interest, if any, in the trust. c. The amount or rate of commissions to be taken. d. The identity and location of the trustees. e. The location of the trust agreement and the conditions under which it may be examined. All such trust agreements entered into by a provider on or after the effective date of this 1993 amendatory and supplementary act shall comply with the provisions set forth in sections 1 through 13 of P.L.1993, c.147 (C.45:7-82 to 45:7-94). L.1985,c.147,s.1; amended 1991,c.502,s.2; 1993,c.147,s.20.
N.J. Stat. § 3B:13-18 — NJ Code / Title 3B / Chapter 13 / Section 13-18
Authorization for guardian of incapacitated ward to receive additional personal property not exceeding $10,000.
Status: in_force

3B:13-18. When a ward for whom a guardian has been appointed is incapacitated and becomes entitled to personal property amounting to not more than $10,000.00 from any source other than the United States Government, the court may authorize the guardian to receive the personal property for conservation and administrative care. On payment of any money or delivery of property to the guardian, a release executed by the guardian to the person or persons paying the money or delivering the property shall be valid and effective. amended 2013, c.103, s.29.
N.J. Stat. § 3B:9-4.2 — NJ Code / Title 3B / Chapter 9 / Section 9-4.2
Time for disclaiming.
Status: in_force

68. Time for disclaiming. a. The disclaimer of an interest in property may be delivered, and if required by this chapter filed, at any time after the effective date of the governing instrument, or in the case of an intestacy, at any time after the death of the intestate decedent, and must be delivered, and if required by this chapter filed, before the right to disclaim is barred by N.J.S.3B:9-9. With respect to joint property, the barring of the right to disclaim the present interest does not bar the right to disclaim the future interest. b. The disclaimer of a power or discretion by a fiduciary, including an agent acting on behalf of a principal within the implied or general authority of a power of attorney, in a fiduciary capacity may be made at any time, before or after exercise. L.2004,c.132,s.68; amended 2005, c.160, s.9.
N.J. Stat. § 3B:23-37 — NJ Code / Title 3B / Chapter 23 / Section 23-37
Apportionment of certain real estate to pay devise
Status: in_force

When a devise, payable on a contingency which has not happened, is or may become a charge, at law or in equity, on real estate devised by will, any person in possession of a part of the real estate may bring a summary action in the Superior Court to set apart, as in an action for partition, a portion of the real estate as may be sufficient for payment of the devise when payable. L.1981, c. 405, s. 3B:23-37, eff. May 1, 1982.
N.J. Stat. § 3B:27-6 — NJ Code / Title 3B / Chapter 27 / Section 27-6
Action to be brought in Superior Court.
Status: in_force

3B:27-6. Action to be brought in Superior Court. a. The Superior Court may declare the absentee dead, if it is satisfied that the absentee should be presumed dead under the provisions of N.J.S.3B:27-1. Under the provisions of subsection a. of N.J.S.3B:27-1 the Superior Court may, if it concludes from a review of the evidence, both direct and circumstantial, that the earlier death of the absentee has been established and that the death occurred prior to the institution of the proceeding before the court, fix the date of death earlier than the expiration of the 5-year period set forth therein. Under the provisions of subsection b. of N.J.S.3B:27-1 the death is presumed to have occurred at the time of the catastrophic event. A declaration with respect to a nonresident shall affect only property located within the State. b. At the request of an applicant who has obtained a declaration based on subsection b. of N.J.S.3B:27-1 with respect to a resident of this State, the court shall order the State registrar of vital statistics to issue, at no cost to the applicant, a death certificate. The State registrar may indicate on such certificate that it was issued pursuant to court order in accordance with this section. Amended 2001, c.247, s.2.
N.J. Stat. § 3B:22-33 — NJ Code / Title 3B / Chapter 22 / Section 22-33
Claims not presented in time barred; exception; extension of time
Status: in_force

If an estate is adjudged insolvent, any creditor who fails to exhibit his claim to the personal representative within the time limited and prescribed by N.J.S. 3B:22-4 shall be forever barred from prosecuting or recovering thereon unless the estate shall prove sufficient, after all claims exhibited and allowed are fully satisfied, or the creditors shall find some other asset not accounted for by the personal representative before distribution, in which case the creditor shall receive his ratable proportion therefrom. However, the court, before distribution made, may upon the application of any creditor of any insolvent decedent and after notice to the personal representative, extend the time within which claims may be presented by creditors of the decedent upon terms as the court may deem just. L.1981, c. 405, s. 3B:22-33, eff. May 1, 1982.
N.J. Stat. § 3B:12-13 — NJ Code / Title 3B / Chapter 12 / Section 12-13
Power to designate testamentary guardian.
Status: in_force

3B:12-13. Power to designate testamentary guardian. Subject to the provisions of N.J.S.3B:12-14, either parent may, by his will, appoint a guardian of the person and a guardian of the estate, or a guardian of the person and estate, of any of the parent's children, including children en ventre sa mere, who are under the age of 18 years and unmarried at the death of the parent. Amended 2005, c.304, s.8.
N.J. Stat. § 3B:14-2 — NJ Code / Title 3B / Chapter 14 / Section 14-2
Appointment of substituted fiduciary in place of one deceased or removed
Status: in_force

A substituted fiduciary may be discharged or removed in the same manner and for the same causes as an originally named or appointed fiduciary. Upon the death or removal of a substituted fiduciary, a substituted fiduciary may be appointed in his stead with the same powers, authority, duties and liabilities as his predecessor in office. L.1981, c. 405, s. 3B:14-2, eff. May 1, 1982.
N.J. Stat. § 3B:12B-19 — NJ Code / Title 3B / Chapter 12B / Section 12B-19
Registration of guardianship or conservatorship orders.
Status: in_force

19. Registration of guardianship or conservatorship orders. If a guardian has been appointed in another state and an application for the appointment of a guardian of the person or estate, or both, is not pending in this State, or if a conservator has been appointed in another state and an application for the appointment of a conservator is not pending in this State, the guardian or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship or conservatorship order in this State with the Surrogate, as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, in an appropriate county of this State, pursuant to the Rules of Court of the State of New Jersey, by filing certified copies of the order and letters of office, and of any bond, as appropriate. For purposes of a guardian of the person, an appropriate county is any county where the guardian seeks to maintain an action or proceeding on behalf of the incapacitated person; for purposes of a guardian of the property or of a conservatorship, an appropriate county is the county where the property belonging to the incapacitated person or conservatee is located. L.2012, c.36, s.19.
N.J. Stat. § 3B:10-25 — NJ Code / Title 3B / Chapter 10 / Section 10-25
Standing to sue and be sued
Status: in_force

Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as his decedent had immediately prior to death. L.1981, c. 405, s. 3B:10-25, eff. May 1, 1982.
N.J. Stat. § 3B:28-3.1 — NJ Code / Title 3B / Chapter 28 / Section 28-3.1
Joint occupancy of principal matrimonial residence; mortgage lien.
Status: in_force

3B:28-3.1. Joint occupancy of principal matrimonial residence; mortgage lien. The right of joint possession to the principal matrimonial residence as provided in N.J.S.3B:28-3 is subject to the lien of a mortgage, irrespective of the date when the mortgage is recorded, provided: a. The mortgage is placed upon the matrimonial residence prior to the time that title to the residence was acquired by the married individual; or b. The mortgage is placed upon the matrimonial residence prior to the marriage; or c. The mortgage is a purchase money mortgage; or d. The parties to the marriage have joined in the mortgage; or e. The right of joint possession has been subordinated, released or extinguished by subsection b. or c. of N.J.S.3B:28-3. Amended 2004, c.132, s.92; 2005, c.160, s.22.
N.J. Stat. § 3B:29-1 — NJ Code / Title 3B / Chapter 29 / Section 29-1
Laws repealed
Status: in_force

The following are repealed: R.S. 3:2-12 (saved from repeal by N.J.S. 3A:3-32); R.S. 3:2-45 (saved from repeal by N.J.S. 3A:3-30); N.J.S. 3A:2-1 to 3A:2-8 inclusive; N.J.S. 3A:3-4, 3A:3-5, 3A:3-12, 3A:3-15, 3A:3-16, 3A:3-17 to 3A:3-21 inclusive, 3A:3-23 to 3A:3-33 inclusive; N.J.S. 3A:4-8 and 3A:4-12; N.J.S. 3A:5-1 to 3A:5-8 inclusive; N.J.S. 3A:6-1 to 3A:6-20 inclusive, 3A:6-22 to 3A:6-26 inclusive, 3A:6-28 to 3A:6-30 inclusive, 3A:6-33 to 3A:6-36 inclusive, 3A:6-38 to 3A:6-40 inclusive, 3A:6-43 to 3A:6-68 inclusive; N.J.S. 3A:7-1 to 3A:7-30 inclusive; N.J.S. 3A:8-1 to 3A:8-8 inclusive; N.J.S. 3A:9-1 to 3A:9-12 inclusive; N.J.S. 3A:10-1 to 3A:10-8 inclusive; N.J.S. 3A:11-1 to 3A:11-5 inclusive; N.J.S. 3A:12-1 to 3A:12-6 inclusive, 3A:12-10 to 3A:12-18 inclusive; N.J.S. 3A:14-1 to 3A:14-4 inclusive; N.J.S. 3A:15-1 to 3A:15-17 inclusive; N.J.S. 3A:16-1 to 3A:16-11 inclusive, 3A:16-13 to 3A:16-15 inclusive, 3A:16-18 to 3A:16-20 inclusive; N.J.S. 3A:17-1; N.J.S. 3A:18-1 to 3A:18-8 inclusive; N.J.S. 3A:19-1 to 3A:19-4 inclusive; N.J.S. 3A:20-5 to 3A:20-8 inclusive; N.J.S. 3A:21-1 to 3A:21-3 inclusive; N.J.S. 3A:22-2, 3A:22-4 to 3A:22-6 inclusive; N.J.S. 3A:23-1 to 3A:23-5 inclusive; N.J.S. 3A:24-1, 3A:24-3 to 3A:24-49 inclusive; N.J.S. 3A:25-2 to 3A:25-7 inclusive, 3A:25-9 to 3A:25-11 inclusive, 3A:25-13 to 3A:25-38 inclusive; N.J.S. 3A:26-1; N.J.S. 3A:27-1 to 3A:27-5 inclusive; N.J.S. 3A:28-1 to 3A:28-3 inclusive; N.J.S. 3A:29-1 to 3A:29-4 inclusive; N.J.S. 3A:30-1 to 3A:30-6 inclusive; N.J.S. 3A:31-1 to 3A:31-11 inclusive; N.J.S. 3A:32-1 to 3A:32-3 inclusive; N.J.S. 3A:33-1 and 3A:33-2; N.J.S. 3A:34-1 to 3A:34-14 inclusive; N.J.S. 3A:35-1 to 3A:35-4 inclusive; N.J.S. 3A:36-1 to 3A:36-5 inclusive; 3A:37-1 to 3A:37-6 inclusive; N.J.S. 3A:38-1 to 3A:38-7 inclusive; N.J.S. 3A:39-1 and 3A:39-2; N.J.S. 3A:40-1 to 3A:40-6 inclusive; N.J.S. 3A:41-1, 3A:41-2, 3A:41-6 to 3A:41-14 inclusive; N.J.S. 3A:42-1 and 3A:42-2. Laws of 1948, c. 364, s.s. 17 and 18 (saved from repeal by N.J.S. 3A:3-31 and 3A:3-33); Laws of 1977, c. 412, s.s. 1 to 16 inclusive; 20 to 86 inclusive (C. 3A:2A-1 to C. 3A:2A-83 inclusive); Laws of 1979, c. 219, s. 1 (C. 3A:2A-29.1); Laws of 1979, c. 221, s.s. 12 to 15 inclusive (C. 3A:2A-6.1, C. 3A:2A-48.1, C. 3A:2A-85 and C. 3A:2A-86); Laws of 1980, c. 51, s. 1 (C. 3A:2A-87); Laws of 1962, c. 241, s.s. 1 to 5 inclusive (C. 3A:3-16.1 to C. 3A:3-16.5 inclusive); Laws of 1952, c. 221, s.s. 1 and 2 (C. 3A:3A-1 and C. 3A:3A-2); Laws of 1968, c. 270, s.s. 1 to 3 inclusive (C. 3A:6-16.1 to C. 3A:16-16.3 inclusive); Laws of 1979, c. 482, s.s. 1 to 5 inclusive, 7, 11 to 18 inclusive, 26 to 34 inclusive (C. 3A:6-16.10 to C. 3A:6-16.32 inclusive); Laws of 1979, c. 494, s.s. 1 and 2 (C. 3A:6-32.1 and C. 3A:6-32.2); Laws of 1959, c. 132, s.s. 1 and 2 (C. 3A:7-14.1 and C. 3A:7-14.2); Laws of 1979, c. 501, s.s. 2 to 4 inclusive (C. 3A:10-2.1 to C. 3A:10-2.3 inclusive); Laws of 1980, c. 6, s. 1 (C. 3A:10-2.4); Laws of 1952, c. 331, s.s. 1 and 2 (C. 3A:10-3.1 and C. 3A:10-3.2); Laws of 1952, c. 156, s.s. 1 to 9 inclusive (C. 3A:14A-1 to C. 3A:14A-9 inclusive); Laws of 1963, c. 94, s.s. 1 to 4 inclusive (C. 3A:15-17.1 to C. 3A:15-17.4 inclusive); Laws of 1975, c. 25, s.s. 1 to 5 inclusive (C. 3A:15-17.5 to C. 3A:15-17.9 inclusive); Laws of 1973, c. 359, s.s. 1 to 5 inclusive (C. 3A:15-30 to C. 3A:15-34 inclusive); Laws of 1975, c. 337, s.s. 1 to 7 inclusive (C. 3A:15-35 to C. 3A:15-41 inclusive); Laws of 1979, c. 486, s.s. 1 to 3 inclusive (C. 3A:20-12 to C. 3A:20-14 inclusive); Laws of 1979, c. 485, s. 1 (C. 3A:35-5); Laws of 1977, c. 483, s.s. 1 to 8 inclusive (C. 3A:38A-1 to C. 3A:38A-8 inclusive); Laws of 1979, c. 487, s.s. 1 and 4 (C. 3A:39-5 and C. 3A:39-6); Laws of 1971, c. 338, s.s. 1 to 8 inclusive (C. 3A:43-1 to C. 3A:43-8 inclusive). L.1981, c. 405, s. 3B:29-1, eff. May 1, 1982.
N.J. Stat. § 3B:31-46 — NJ Code / Title 3B / Chapter 31 / Section 31-46
Accepting or declining trusteeship.
Status: in_force

3B:31-46. Accepting or Declining Trusteeship. a. Except as otherwise provided in subsection c. of this section, a person designated as trustee accepts the trusteeship: (1) in the case of a testamentary trustee or substituted testamentary trustee, as provided in N.J.S.3B:11-2, and (2) in the case of any other trustee, (a) by substantially complying with a method of acceptance provided in the terms of the trust; or (b) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. b. A person designated as trustee who has not yet accepted the trusteeship may renounce the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have renounced the trusteeship. c. A person designated as trustee, without accepting the trusteeship, may: (1) act to preserve the trust property if, within a reasonable time after acting, the person sends a renunciation of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to the qualified beneficiaries and to any designated successor trustee; and (2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose. L.2015, c.276, s.1.
N.J. Stat. § 3B:22-6 — NJ Code / Title 3B / Chapter 22 / Section 22-6
Payment of claim not legally presented; effect; allowance in personal representative's account
Status: in_force

If a personal representative in good faith pays a claim presented to him which is not verified as required, and, on or before final accounting, it is proved to the court or surrogate that the claim was owed by the decedent and was a just claim against the estate, the court shall allow in the personal representative's account the full amount of the claim if the estate is sufficient to pay the debts of equal degree with the claim in full. If the estate is not sufficient for that purpose, he shall be allowed the pro rata amount the creditor would have been entitled to receive if the claim had been presented verified as required. L.1981, c. 405, s. 3B:22-6, eff. May 1, 1982.
N.J. Stat. § 3B:10-28 — NJ Code / Title 3B / Chapter 10 / Section 10-28
Expeditious settlement and distribution
Status: in_force

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and do so without adjudication, order, or direction of a court, but he may invoke the jurisdiction of a court, in proceedings authorized by law to resolve questions concerning the estate or its administration. L.1981, c. 405, s. 3B:10-28, eff. May 1, 1982.
N.J. Stat. § 3B:27-5 — NJ Code / Title 3B / Chapter 27 / Section 27-5
Absentee later proved alive entitled to proceeds of transaction
Status: in_force

If an absentee should later be proved to have been alive at the time of a transaction referred to in N.J.S. 3B:27-4, then he or any other person taking under him shall be entitled to a just interest in the rents, purchase price, and other proceeds of the transaction, which have not come into the hands of a person who has given value therefor without notice that the absentee was alive. L.1981, c. 405, s. 3B:27-5, eff. May 1, 1982.
N.J. Stat. § 3B:20-4 — NJ Code / Title 3B / Chapter 20 / Section 20-4
Corporate fiduciary liable for loss caused by acts of nominee
Status: in_force

The fiduciary or fiduciaries shall be liable for any loss caused by the acts of the nominee with respect to securities registered as provided in N.J.S. 3B:20-3. L.1981, c. 405, s. 3B:20-4, eff. May 1, 1982.
N.J. Stat. § 3B:22-15 — NJ Code / Title 3B / Chapter 22 / Section 22-15
Failure to file refunding bond; presumption that devise or distributive share remains unpaid
Status: in_force

In an action by a creditor against a personal representative, for the payment of a ratable proportion of his debt, it shall be presumed that the assets of the estate due a devisee or heir have not been paid over to him, if no refunding bond from the devisee or heir is on file. However, the presumption may be rebutted by proof that the devise or distributive share was actually paid over to him. L.1981, c. 405, s. 3B:22-15, eff. May 1, 1982.
N.J. Stat. § 3B:3-29 — NJ Code / Title 3B / Chapter 3 / Section 3-29
Order to compel production of purported will
Status: in_force

The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate. L.1981, c. 405, s. 3B:3-29, eff. May 1, 1982.
N.J. Stat. § 3B:31-59 — NJ Code / Title 3B / Chapter 31 / Section 31-59
Duty to use special skills.
Status: in_force

3B:31-59. Duty to Use Special Skills. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise. L.2015, c.276, s.1.
N.J. Stat. § 3B:12-59 — NJ Code / Title 3B / Chapter 12 / Section 12-59
Purchase of real property for use of an incapacitated person and his dependents.
Status: in_force

3B:12-59. Purchase of real property for use of an incapacitated person and his dependents. When it shall appear to the court that it would be advantageous to the incapacitated person and to those legally dependent upon him for their support or are members of the incapacitated person's household, or any of them, if a dwelling house and a lot of land were purchased or a lot of land were purchased and a dwelling house built thereon, for the use of the incapacitated person and to those legally dependent upon him for their support or who are members of the incapacitated person's household, or any of them, the court may direct the guardian of his estate to purchase a house and lot or to purchase a lot and build a dwelling house thereon and to enter into contracts therefor as the court shall deem advisable, and to expend all necessary funds from the ward's estate for that purpose. Amended 2005, c.304, s.41.
N.J. Stat. § 3B:14-15 — NJ Code / Title 3B / Chapter 14 / Section 14-15
Powers and duties of reinstated fiduciary
Status: in_force

Upon reinstatement, the fiduciary or person named to act as fiduciary shall be vested with all of the title to that portion of the estate, trust or fund as has not been administered by the substituted fiduciary, and shall have all of the powers and duties as to the estate, trust or fund which he had or would have had by virtue of his original appointment as fiduciary or his being named to act as fiduciary. He shall have no responsibility for the administration of the estate, trust or fund by the substituted fiduciary or person named to act as substituted fiduciary. He shall be responsible for and shall account for his own administration of the estate, trust or fund, which may have remained in his hands or for which he may be accountable by his own action or neglect. L.1981, c. 405, s. 3B:14-15, eff. May 1, 1982.
N.J. Stat. § 3B:31-49 — NJ Code / Title 3B / Chapter 31 / Section 31-49
Vacancy in trusteeship; appointment of successor.
Status: in_force

3B:31-49. Vacancy in Trusteeship; Appointment of Successor. a. A vacancy in a trusteeship occurs if: (1) a person designated as trustee renounces the trusteeship; (2) a person designated as trustee cannot be identified or does not exist; (3) a trustee resigns or is discharged; (4) a trustee is disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed for an individual serving as trustee. b. If one or more co-trustees remain in office, a vacancy in a trusteeship need not be filled unless the trust instrument provides otherwise. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee. c. A vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority: (1) by a person designated pursuant to the terms of the trust to act as successor trustee; (2) by a procedure established pursuant to the terms of the trust to appoint a successor trustee; (3) by a person appointed by unanimous agreement of the qualified beneficiaries; or (4) by a person appointed by the court. d. A vacancy in a trusteeship of a charitable trust that is required to be filled shall be filled in the following order of priority: (1) by a person designated pursuant to the terms of the trust to act as successor trustee; or (2) by a person appointed by the court. e. Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment desirable for the administration of the trust. f. A person appointed to fill a vacancy in a trusteeship shall have all the powers and discretions of the original trustee. L.2015, c.276, s.1.
N.J. Stat. § 3B:22-16 — NJ Code / Title 3B / Chapter 22 / Section 22-16
Action upon refunding bond of devisee or heir
Status: in_force

A claimant against an estate who has failed to present his claim in due form within the time required, may bring an action in his own name without leave of court on a refunding bond given by a devisee or heir and recover the proportion of his claim which ought to be paid out of the devise or distributive share for which the bond was given. Recovery on a refunding bond shall in no case exceed the amount actually received by the devisee or heir furnishing the bond. L.1981, c. 405, s. 3B:22-16, eff. May 1, 1982.
N.J. Stat. § 3B:23-12 — NJ Code / Title 3B / Chapter 23 / Section 23-12
Abatement generally.
Status: in_force

3B:23-12. Except as provided in N.J.S.3B:23-14 and except as provided in connection with the share of a surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: a. Property passing by intestacy; b. Residuary devises; c. General devises; d. Specific devises; and e. Abatement within each classification is in proportion to the amount of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will. Amended 2004, c.132, s.86.
N.J. Stat. § 3B:22-43 — NJ Code / Title 3B / Chapter 22 / Section 22-43
Liability in case of sale or transfer of estate
Status: in_force

In the event an estate descended or devised to any heir or devisee has been bona fide sold or transferred prior to the commencement of the action, it shall not be liable for the debt or for any judgment obtained in an action against him. In that event, if in an action against him the debt be found due, the judgment against him shall be general for the full amount thereof, unless he shall admit in the action the descent or devise of the estate to him, specifically describing it, in which case the judgment shall be general for the amount so found due, but only to the value of the estate descended or devised, and sold or transferred. L.1981, c. 405, s. 3B:22-43, eff. May 1, 1982.
N.J. Stat. § 3B:3-38 — NJ Code / Title 3B / Chapter 3 / Section 3-38
Construction of words "die without issue" or "die without descendants".
Status: in_force

3B:3-38. In a devise of real or personal property the words "die without issue" or "die without descendants" or "die without lawful issue" or "die without lawful descendants" or "have no issue" or "have no descendants" or other words which may import a want or failure of issue or descendants of an individual in his lifetime, or at his death, or an indefinite failure of his issue or descendants, shall be construed to mean a failure of issue or descendants at the death of the individual, unless a contrary intention shall otherwise appear by the will. L.1981, c.405, s.3B:3-38, eff. May 1, 1982; amended 2004, c.132, s.33.
N.J. Stat. § 3B:22-23 — NJ Code / Title 3B / Chapter 22 / Section 22-23
Time not extended by general words in will
Status: in_force

The period of 1 year fixed in N.J.S. 3B:22-22, shall not be deemed to be extended by any directions in a will that just debts be paid. Any charge upon real property created by any directions in a will that just debts be paid shall not attach to the real property beyond the period of 1 year fixed in that section, unless the will contains express language to the effect that the debts shall remain a lien upon the real property for a longer period. L.1981, c. 405, s. 3B:22-23, eff. May 1, 1982.
N.J. Stat. § 3B:15-17.1 — NJ Code / Title 3B / Chapter 15 / Section 15-17.1
Payment at age 18.
Status: in_force

1. Where the estate of a minor consists of the proceeds of a judgment recovered in favor of the minor in any court of this State and the funds recovered are placed under the control of the county surrogate, the funds shall be paid over to the person when the person reaches the age of 18 years, unless the court finds the person to be incapacitated. L.1987, c.28, s.1; amended 2013, c.103, s.48.
N.J. Stat. § 3B:12-8 — NJ Code / Title 3B / Chapter 12 / Section 12-8
Application of money and property; reimbursement for out-of-pocket expenses
Status: in_force

The persons, other than the minor or any financial institution under subsection e. of N.J.S. 3B:12-6, receiving money or property for a minor, are obligated to apply so much or all of the money or the income or proceeds of the property for the support, maintenance, education, general use and benefit of the minor in the manner, at the time or times and to the extent that those persons, in an exercise of reasonable discretion, deem suitable and proper, with or without court order, with due regard to the duty and ability of themselves or of any other person to support the minor, and with or without regard to any other funds, income or property which may be available for that purpose. But those persons may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. L.1981, c. 405, s. 3B:12-8, eff. May 1, 1982.
N.J. Stat. § 3B:23-13 — NJ Code / Title 3B / Chapter 23 / Section 23-13
General devise charged upon specific property or fund
Status: in_force

For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. L.1981, c. 405, s. 3B:23-13, eff. May 1, 1982.
N.J. Stat. § 3B:14-42 — NJ Code / Title 3B / Chapter 14 / Section 14-42
Recovery of damages for injury to property subsequently transferred
Status: in_force

A person injuring, damaging or destroying property while in the hands of a fiduciary shall be liable to the fiduciary in an action for damages for the benefit of his cestui que trust or persons in interest. The fiduciary's right to substantial damages shall not be affected by the fact that he may have transferred or conveyed the property to his cestui que trust, or other person, after the time of the injury, damage or destruction and before action brought. L.1981, c. 405, s. 3B:14-42, eff. May 1, 1982.
N.J. Stat. § 3B:9-12 — NJ Code / Title 3B / Chapter 9 / Section 9-12
Right to disclaim, etc.; under other law not abridged.
Status: in_force

3B:9-12. Right to disclaim, etc.; under other law not abridged. This chapter does not abridge the right of an individual to waive, release, disclaim or renounce property or an interest therein under any other statute or law. Amended 2004, c.132, s.75; 2005, c.160, s.13.
N.J. Stat. § 3B:15-26 — NJ Code / Title 3B / Chapter 15 / Section 15-26
Proceedings to satisfy judgment on bond; notice to claimants
Status: in_force

If any bond given by a fiduciary is forfeited and prosecuted to judgment in any court of record, and it is made to appear to the Superior Court, by a complaint filed by any surety against whom judgment has been rendered upon the bond, that the damages sustained by the nonperformance of the condition of the bond, together with costs of action and execution fees thereon, have been fully satisfied so far as the surety shall have been able to ascertain the damages, the court may make an order directing the surety to give public notice to all persons aggrieved by the forfeiture of the bond, to bring in their debts, demands and claims against the estate in charge of the fiduciary, under oath within 3 months from the date of the order. The notice shall be advertised, commencing within 20 days of the date of the order, for 6 weeks successively, once in each week, in one or more of the newspapers of this State, as may be directed in the order. Further notice shall also be given if the court deems it necessary. L.1981, c. 405, s. 3B:15-26, eff. May 1, 1982.
N.J. Stat. § 3B:31-42 — NJ Code / Title 3B / Chapter 31 / Section 31-42
Capacity of settlor of revocable trust.
Status: in_force

3B:31-42. Capacity of Settlor of Revocable Trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. L.2015, c.276, s.1.
N.J. Stat. § 3A:25-43 — NJ Code / Title 3A / Chapter 25 / Section 25-43
Time of filing of instrument
Status: in_force

a. The instrument disclaiming a present interest shall be filed not later than 9 months after the death of the decedent or of the donee of the power. b. The instrument disclaiming a future interest shall be filed not later than 9 months after the happening of the event which determines the taker's right to possession, use or enjoyment of the property or interest. c. The time within which a disclaimer shall be filed may be extended by the court for reasonable cause, and on notice to such persons and in such manner as the court may direct. L.1979, c. 484, s. 5 eff. Feb. 28, 1980.
N.J. Stat. § 3B:31-77 — NJ Code / Title 3B / Chapter 31 / Section 31-77
Exculpation of trustee.
Status: in_force

3B:31-77. Exculpation of Trustee. a. A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor. b. An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor. L.2015, c.276, s.1.
N.J. Stat. § 3B:20-31 — NJ Code / Title 3B / Chapter 20 / Section 20-31
Transfer of ownership in securities deposited
Status: in_force

Ownership of, and other interests in, securities deposited may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. L.1981, c. 405, s. 3B:20-31, eff. May 1, 1982.
N.J. Stat. § 3B:12-38 — NJ Code / Title 3B / Chapter 12 / Section 12-38
Title to ward's property vested in guardian as trustee.
Status: in_force

3B:12-38. Title to ward's property vested in guardian as trustee. The appointment of a guardian of the estate of a minor or an incapacitated person vests in him title as trustee to all property of his ward, presently held or thereafter acquired, including title to any property theretofore held for the ward by attorneys in fact. The appointment of a guardian is not a transfer or alienation within the meaning of general provisions of any Federal or State statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the ward of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a guardian. Amended 2005, c.304, s.26.
N.J. Stat. § 3B:20-11.4 — NJ Code / Title 3B / Chapter 20 / Section 20-11.4
Diversification of investments
Status: in_force

4. A fiduciary shall diversify the investments of the trust unless the fiduciary reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. L.1997,c.26,s.4.
N.J. Stat. § 3B:31-12 — NJ Code / Title 3B / Chapter 31 / Section 31-12
Rules of construction.
Status: in_force

3B:31-12. Rules of Construction. The rules of construction that apply in this State to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. L.2015, c.276, s.1.
N.J. Stat. § 3B:12B-15 — NJ Code / Title 3B / Chapter 12B / Section 12B-15
Notice of proceeding.
Status: in_force

15. Notice of proceeding. If this State was not the respondent's home state on the date a petition to declare a person incapacitated for the appointment of a guardian or issuance of a protective order is filed in this State, notice of the petition shall be given, in the same manner as notice is required to be given in this State, to the respondent and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or a conservator under the Rules Governing the Courts of the State of New Jersey were applicable. L.2012, c.36, s.15.
N.J. Stat. § 3B:28-12 — NJ Code / Title 3B / Chapter 28 / Section 28-12
N.J.S. 3A:36-4 saved from repeal
Status: in_force

N.J.S. 3A:36-4 is saved from repeal. Under this section, if real estate, subject to an inchoate right of dower or curtesy, is sold by a sheriff or other public officer, the purchaser may apply to have dower or curtesy admeasured. L.1981, c. 405, s. 3B:28-12, eff. May 1, 1982.
N.J. Stat. § 3B:3-8 — NJ Code / Title 3B / Chapter 3 / Section 3-8
Will not invalidated if signed by interested witness
Status: in_force

A will or any provision thereof is not invalid because the will is signed by an interested witness. L.1981, c. 405, s. 3B:3-8, eff. May 1, 1982.
N.J. Stat. § 3B:13-30 — NJ Code / Title 3B / Chapter 13 / Section 13-30
Settlement of accounts upon expiration of public guardian's term
Status: in_force

The public guardian shall proceed to settle the accounts of all estates of which he is duly appointed guardian upon the expiration of his term of office. L.1981, c. 405, s. 3B:13-30, eff. May 1, 1982.
N.J. Stat. § 3B:22-36 — NJ Code / Title 3B / Chapter 22 / Section 22-36
Proceeds; distribution
Status: in_force

Proceeds of the estate which come to the hands of the personal representative shall be distributed under direction of the court, from time to time, as may be found convenient and just. L.1981, c. 405, s. 3B:22-36, eff. May 1, 1982.
N.J. Stat. § 3A:37-2 — NJ Code / Title 3A / Chapter 37 / Section 37-2
Bar by adultery
Status: in_force

If a married person voluntarily leaves his or her spouse and goes away and continues with his or her paramour, such person shall be forever barred from having jointure, dower or curtesy, as the case may be, unless the deserted spouse voluntarily becomes reconciled to and lives with the deserting spouse, in which case jointure, dower or curtesy shall be restored.
N.J. Stat. § 3A:36-1 — NJ Code / Title 3A / Chapter 36 / Section 36-1
Action to recover dower or curtesy; damages
Status: in_force

A widow or widower entitled to dower or curtesy in any real estate, who cannot have it without instituting an action, or whose right is unfairly assigned, or is not assigned within 40 days after the death of her or his spouse, may recover the same together with damages sustained upon until judgment by reason of the use and enjoyment thereof being unlawfully withheld; but as to real estate whereof her or his spouse was previously seized, but not seized at death, damages shall be recovered only from such time as she or he shall make demand upon the owner for dower or curtesy therein.
N.J. Stat. § 3B:11-37 — NJ Code / Title 3B / Chapter 11 / Section 11-37
Establishing an OBRA '93 trust
Status: in_force

3. a. As used in this section "OBRA '93 trust" means a trust established pursuant to 42 U.S.C. s.1396p(d)(4)(A) or an account within a pooled trust pursuant to 42 U.S.C. s.1396p(d)(4)(C). b. Upon the request of an interested party, a court may establish an OBRA '93 trust for a person who is disabled as defined in section 1614(a)(3) of the federal Social Security Act (42 U.S.C. s.1382c (a)(3)), whether or not the person is an incapacitated person as defined in N.J.S.3B:1-2, and may direct that the assets of the person with a disability be placed in the OBRA '93 trust. c. Prior to establishing an OBRA '93 trust for a person with a disability who is incapacitated, the court shall consider the factors listed in N.J.S.3B:12-3. d. Prior to establishing an OBRA '93 trust for a person who is a minor, the court shall consider the applicable Rules of Court and State law relating to the handling of funds for a minor, including, but not limited to, the provisions of N.J.S.3B:15-16 and N.J.S.3B:15-17. e. Nothing in this section shall be construed to preclude an OBRA '93 trust from being created by any person in addition to a court as would be consistent with 42 U.S.C. s.1396p(d)(4). f. Notwithstanding any provision or principle of law to the contrary, a beneficiary, grantor, trustee or other person shall not have authority to revoke an OBRA '93 trust. This provision shall apply whether or not an OBRA '93 trust instrument designates the trust as irrevocable or whether the OBRA '93 trust was created by a court or otherwise. L.2000,c.96,s.3.
N.J. Stat. § 3B:12-36 — NJ Code / Title 3B / Chapter 12 / Section 12-36
Authority of court with respect to ward's person and estate.
Status: in_force

3B:12-36. Authority of court with respect to ward's person and estate. If a guardian has been appointed as to the person of a minor or an incapacitated person, the court shall have authority over the ward's person and all matters relating thereto; and if a guardian has been appointed to the estate of a minor or an incapacitated person, the court shall have authority over the ward's estate, and all matters relating thereto. Amended 2005, c.304, s.24.
N.J. Stat. § 3B:11-9 — NJ Code / Title 3B / Chapter 11 / Section 11-9
Definitions
Status: in_force

As used in this article: a. "Code" means the Internal Revenue Code of 1954 as amended; b. "Private foundation trust" means a charitable trust which is a private foundation described in section 509(a) of the code, including each nonexempt charitable trust described in section 4947(a)(1) of the code which is treated as a private foundation; c. "Split-interest trust" means a nonexempt split-interest trust described in section 4947(a)(2) of the code, but only to the extent that section 508(e) of the code is applicable to the nonexempt split-interest trust under section 4947(a)(2) of the code; d. "Trust instrument" means a will, deed, agreement, court order, or other instrument pursuant to which money or other property is entrusted to a fiduciary, and also means the certificate of incorporation of a nonprofit corporation administering a charitable foundation trust; e. "Trustee" means every fiduciary administering a trust instrument, and includes a corporation which is a private charitable foundation administering a private foundation trust; f. "Trust" means private foundation trusts and split-interest trusts. L.1981, c. 405, s. 3B:11-9, eff. May 1, 1982.
N.J. Stat. § 3B:12A-5 — NJ Code / Title 3B / Chapter 12A / Section 12A-5
Appointment as kinship legal guardian; contents of petition.
Status: in_force

5. a. Upon petition of a caregiver, the court may appoint the caregiver as kinship legal guardian of a child residing in the caregiver's home pursuant to the provisions of P.L. 2001, c. 250 (C. 3B:12A-1 et al.). b. A petition for the appointment of a kinship legal guardian shall include a kinship caregiver assessment, which shall contain: (1) the full name and address of the person seeking to become the kinship legal guardian; (2) the circumstances of the kinship relationship; (3) the whereabouts of the child's parents, if known; (4) the nature of the parents' incapacitation, if known; (5) the wishes of the parents, if known; (6) the ability of the kinship caregiver family to assume permanent care of the child; (7) the child's property and assets, if known; (8) the wishes of the child, if appropriate; (9) any current involvement of a child with the division if the child has an open division case and is actively receiving services; (10) certification from the caregiver that the caregiver has been providing care and support for the child, while the child has been residing in the caregiver's home, for at least the last six consecutive months or nine of the last 15 months; (11) the results from a criminal history record background check and a domestic violence central registry check of the caregiver and any adult residing in the caregiver's household conducted pursuant to section 9 of P.L. 2001, c. 250 (C. 30:4C-86); (12) the results from a child abuse record check arranged for and coordinated by the division pursuant to section 9 of P.L. 2001, c. 250 (C. 30:4C-86); and (13) the results of the caregiver's home review. L.2001,c.250,s.5; amended 2021, c.154, s.3.
N.J. Stat. § 3B:13-13 — NJ Code / Title 3B / Chapter 13 / Section 13-13
Accounting without filing vouchers
Status: in_force

The Superior Court may allow the account without proof or the submission of vouchers if the written approval of the attorney in this State for the Veterans' Administration shall be filed with the account. The approval shall set forth the facts upon which the approval is based. L.1981, c. 405, s. 3B:13-13, eff. May 1, 1982.
N.J. Stat. § 3B:12-68 — NJ Code / Title 3B / Chapter 12 / Section 12-68
Findings, declarations.
Status: in_force

2. The Legislature finds and declares that there is an imperative need to create an expeditious manner of establishing a guardianship known as a standby guardianship, in order to enable a parent, custodian, or guardian who cannot currently, or who anticipates being unable to, provide adequate care to a minor child or minor ward, to make plans for the permanent future care or the interim care of a minor child or minor ward without terminating parental or legal rights. The Legislature further finds that current law does not adequately address the needs of parents, custodians, or guardians who are facing separation from their minor children or minor wards because of illness, immigration administrative action, criminal proceedings, military service, or other reasons, and who desire to make plans for the future care of their minor children or minor wards without terminating parental or legal rights. L.1995, c.76, s.2; amended 2021, c.192, s.2.
N.J. Stat. § 3B:13A-19 — NJ Code / Title 3B / Chapter 13A / Section 13A-19
Recommendations to be considered by conservator in making expenditures
Status: in_force

In making expenditures under N.J.S. 3B:13A-18, a conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the conservatee made by any party set forth in N.J.S. 3B:13A-6. He may not be surcharged for sums paid to persons or organizations actually furnishing support, education or care to the conservatee pursuant to the recommendations of a parent, spouse or heir of the conservatee unless he knows that the parent, spouse or heir of the conservatee is deriving personal financial benefit therefrom, or unless the recommendations are clearly not in the best interests of the conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:19B-26 — NJ Code / Title 3B / Chapter 19B / Section 19B-26
Transfers from income to principal for depreciation
Status: in_force

26. Transfers from Income to Principal for Depreciation. a. As used in this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year. b. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation: (1) of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; (2) during the administration of a decedent's estate; or (3) under this section if the trustee is accounting under section 12 of this act for the business or activity in which the asset is used. c. An amount transferred to principal need not be held as a separate fund. L.2001,c.212,s.26.
N.J. Stat. § 3B:11-18 — NJ Code / Title 3B / Chapter 11 / Section 11-18
Report; rules, regulations
Status: in_force

The Commissioner of Banking shall determine whether, among pooled trust funds established pursuant to this act, adequate competition exists with respect to interest rate yield and commissions or fees charged during the one year period following the effective date of this act. No later than one year after the effective date of this act the commissioner shall report to the Legislature his findings and any recommendations he may have to provide for greater competition among pooled trust funds. The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) as may be necessary to effectuate the purposes of this section. L. 1985, c. 147, s. 3, eff. April 24, 1985.
N.J. Stat. § 3B:12-57 — NJ Code / Title 3B / Chapter 12 / Section 12-57
Powers and duties of a guardian of the person of a ward.
Status: in_force

3B:12-57. Powers and duties of a guardian of the person of a ward. a. (Deleted by amendment, P.L.2005, c.304.) b. (Deleted by amendment, P.L.2005, c.304.) c. (Deleted by amendment, P.L.2005, c.304.) d. (Deleted by amendment, P.L.2005, c.304.) e. (Deleted by amendment, P.L.2005, c.304.) f. In accordance with Section 12 of P.L.2005, c.304 (C.3B:12-24.1), a guardian of the person of a ward shall exercise authority over matters relating to the rights and best interest of the ward's personal needs, only to the extent adjudicated by a court of competent jurisdiction. In taking or forbearing from any action affecting the personal needs of a ward, a guardian shall give due regard to the preferences of the ward, if known to the guardian or otherwise ascertainable upon reasonable inquiry. To the extent that it is consistent with the terms of any order by a court of competent jurisdiction, the guardian shall: (1) take custody of the ward and establish the ward's place of abode in or outside of this State; (2) personally visit the ward or if a public agency which is authorized to act pursuant to P.L.1965, c.59 (C.30:4-165.1 et seq.) and P.L.1970, c.289 (C.30:4-165.7 et seq.) or the Office of the Public Guardian pursuant to P.L. 1985, c.298 (C.52:27G-20 et seq.) or their representatives which may include a private or public agency, visits the ward not less than once every three months, or as deemed appropriate by the court, and otherwise maintain sufficient contact with the ward to know his capacities, limitations, needs, opportunities and physical and mental health; (3) provide for the care, comfort and maintenance and, whenever appropriate, the education and training of the ward; (4) subject to the provisions of subsection c. of N.J.S.3B:12-56, give or withhold any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service; (5) take reasonable care of the ward's clothing, furniture, vehicles and other personal effects and, where appropriate, sell or dispose of such effects to meet the current needs of the ward; (6) institute an action for the appointment of a guardian of the property of the ward, if necessary for the protection of the property; (7) develop a plan of supportive services for the needs of the ward and a plan to obtain the supportive services; (8) if necessary, institute an action against a person having a duty to support the ward or to pay any sum for the ward's welfare in order to compel the performance of the duties; (9) receive money, payable from any source for the current support of the ward, and tangible personal property deliverable to the ward. Any sums so received shall be applied to the ward's current needs for support, health care, education and training in the exercise of the guardian's reasonable discretion, with or without court order, with or without regard to the duty or ability of any person to support or provide for the ward and with or without regard to any other funds, income or property that may be available for that purpose, unless an application is made to the court to establish a supplemental needs trust or other trust arrangement. However, the guardian may not use funds from the ward's estate for room and board, which the guardian, the guardian's spouse or domestic partner as defined in section 3 of P.L.2003, c. 246 (C.26:8A-3), parent or child have furnished the ward, unless agreed to by a guardian of the ward's estate pursuant to N.J.S.3B:12-41, or unless a charge for the service is approved by order of the court made upon notice to at least one of the heirs of the ward, if possible. The guardian shall exercise care to conserve any excess funds for the ward's needs; and (10) If necessary, institute an action that could be maintained by the ward including but not limited to, actions alleging fraud, abuse, undue influence and exploitation. g. In the exercise of the foregoing powers, the guardian shall encourage the ward to participate with the guardian in the decision-making process to the maximum extent of the ward's ability in order to encourage the ward to act on his own behalf whenever he is able to do so, and to develop or regain higher capacity to make decisions in those areas in which he is in need of guardianship services, to the maximum extent possible. Amended 2005, c.304, s.39.
N.J. Stat. § 3B:20-26 — NJ Code / Title 3B / Chapter 20 / Section 20-26
Short title
Status: in_force

This article shall be known and may be cited as the "Clearing Corporation Deposit Law of 1973." L.1981, c. 405, s. 3B:20-26, eff. May 1, 1982.
N.J. Stat. § 3B:31-10 — NJ Code / Title 3B / Chapter 31 / Section 31-10
Others treated as qualified beneficiaries.
Status: in_force

3B:31-10. Others Treated as Qualified Beneficiaries. a. Whenever notice to qualified beneficiaries of a trust is required under this act, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice. b. A charitable organization expressly designated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in N.J.S.3B:31-24 or N.J.S.3B:31-25 has the rights of a qualified beneficiary under this act. c. The Attorney General of this State has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this State. L.2015, c.276, s.1.
N.J. Stat. § 3B:8-6 — NJ Code / Title 3B / Chapter 8 / Section 8-6
Other property to be included in augmented estate.
Status: in_force

3B:8-6. Other property to be included in augmented estate. There shall also be included in the augmented estate: a. The value of property owned by the surviving spouse or domestic partner at the time of, or as a result of, the decedent's death to the extent that the property is derived from the decedent by means other than by testate or intestate succession without a full consideration in money or money's worth; and b. The value of the property described in subsection a. hereof which has been transferred by the surviving spouse or domestic partner at any time during marriage or domestic partnership without a full consideration in money or money's worth to any person other than the decedent which would have been includable in the spouse's or domestic partner's augmented estate if the surviving spouse or domestic partner had predeceased the decedent. Income earned by included property prior to the decedent's death is not treated as property derived from the decedent. Amended 2005, c.331, s.11.
N.J. Stat. § 3B:23-16 — NJ Code / Title 3B / Chapter 23 / Section 23-16
Distribution by order of court
Status: in_force

When the account of a personal representative has been allowed by court, the court may direct just distribution, in accordance with the provisions of the will, of what shall remain in the estate or a trust under the will, after all debts and expenses and other charges have been allowed and deducted. L.1981, c. 405, s. 3B:23-16, eff. May 1, 1982.
N.J. Stat. § 3B:31-30 — NJ Code / Title 3B / Chapter 31 / Section 31-30
Modification or termination of uneconomic trust.
Status: in_force

3B:31-30. Modification or Termination of Uneconomic Trust. a. After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. b. The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration. c. Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. d. This section does not apply to an easement for conservation or preservation. L.2015, c.276, s.1.
N.J. Stat. § 3B:13-23 — NJ Code / Title 3B / Chapter 13 / Section 13-23
Salary of public guardian.
Status: in_force

3B:13-23. A public guardian of veterans who are incapacitated shall receive an annual salary to be fixed by the Assignment Judge of the Superior Court of the county for which the guardian is appointed, with the approval of the board of freeholders or governing body of the county. The salary shall be paid by the county treasurer in semimonthly payments and shall be in lieu of all other charges, compensation, and commissions. A guardian shall not accept any other money whatsoever by way of fee, compensation, gratuity, or present for any services provided by the guardian. amended 2013, c.103, s.32.
N.J. Stat. § 3B:11-19 — NJ Code / Title 3B / Chapter 11 / Section 11-19
Short title
Status: in_force

This act shall be known and may be cited as the "New Jersey Community Trust for Persons with Severe Chronic Disabilities Act." L. 1985, c. 424, s. 1.