N.J. Stat. § 3B:3-46 — NJ Code / Title 3B / Chapter 3 / Section 3-46
Ademption by satisfaction.
Status: in_force

3B:3-46. a. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the value of the gift is to be deducted from the value of the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise. b. For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first. c. If the devisee fails to survive the testator, in the case of a substituted devise or a devise saved from lapse, the gift is treated as a full or partial satisfaction of the devise, as appropriate, unless the testator's contemporaneous writing provides otherwise. L.1981, c.405, s.3B:3-46, eff. May 1, 1982; amended 2004, c.132, s.38.
N.J. Stat. § 3B:11-24 — NJ Code / Title 3B / Chapter 11 / Section 11-24
Board
Status: in_force

6. Every community trust shall be administered by a board. The board shall be comprised of no less than nine and no more than 21 members, at least one-third of whom shall be parents or relatives of persons with severe chronic disabilities. Board members shall be selected, to the maximum extent possible, from geographic areas throughout the area served by the trust. The certificate of incorporation filed with the Secretary of State pursuant to Title 15A of the New Jersey Statutes shall, in addition to the requirements set forth in that Title, demonstrate that the requirements of this section have been met. L.1985,c.424,s.6; amended 1993,c.224,s.3.
N.J. Stat. § 3B:10-21.1 — NJ Code / Title 3B / Chapter 10 / Section 10-21.1
Appointment of person to control funeral, disposition of remains.
Status: in_force

40. Prior to probate, a decedent's appointment of a person in a will to control the funeral and disposition of human remains may be carried out in accordance with section 22 of P.L.2003, c.261 (C.45:27-22). If known to them, a person named executor in a will shall notify such a person of their appointment and advise them of what financial means are available to carry out the funeral and disposition arrangements. L.2003,c.261,s.40.
N.J. Stat. § 3B:3-49 — NJ Code / Title 3B / Chapter 3 / Section 3-49
Effect of final order of court of another state admitting will to probate or determining validity or construction
Status: in_force

A final order of a court of another state admitting a will to probate or determining the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this State if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made. L.1981, c. 405, s. 3B:3-49, eff. May 1, 1982.
N.J. Stat. § 3B:12B-11 — NJ Code / Title 3B / Chapter 12B / Section 12B-11
Emergency jurisdiction.
Status: in_force

11. Emergency jurisdiction. a. A court of this State lacking jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) has emergency jurisdiction to do any of the following: (1) appoint a guardian or issue a protective order in an emergency, in accordance with subsection c. of section 12 of P.L.2005, c.304 (C.3B:12-24.1) and this section, for a respondent who is physically present in this State; (2) appoint a guardian of real or tangible personal property located in this State for which the respondent has an ownership interest; (3) issue a protective order with respect to real or tangible personal property in this State; or (4) appoint, under procedures similar to section 17 of P.L.2012, c.36 (C.3B:12B-17), a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued. b. If a petition for the appointment of a guardian or issuance of a protective order in an emergency in accordance with subsection c. of section 12 of P.L.2005, c.304 (C.3B:12-24.1) and this section is brought in this State and this State was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. L.2012, c.36, s.11.
N.J. Stat. § 3B:14-52 — NJ Code / Title 3B / Chapter 14 / Section 14-52
Short title
Status: in_force

This article shall be known and may be cited as the "Uniform Fiduciaries Law." L.1981, c. 405, s. 3B:14-52, eff. May 1, 1982.
N.J. Stat. § 3A:25-39 — NJ Code / Title 3A / Chapter 25 / Section 25-39
Definitions.
Status: in_force

1. As used in this act: 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. An "heir" means a person, including the surviving spouse or domestic partner, entitled under the statutes of intestate succession to the property of a decedent. d. 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. e. A "devise," when used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will. L.1979,c.484,s.1; amended 2005,c.331, s.28.
N.J. Stat. § 3B:12-52 — NJ Code / Title 3B / Chapter 12 / Section 12-52
Powers and duties of a guardian of the person of a minor
Status: in_force

In particular, and without qualifying the provisions of N.J.S. 3B:12-51, a guardian of the person of a minor has the following powers and duties, except as modified by order of the court: a. He must take reasonable care of his ward's personal effects and institute an action for the appointment of a guardian of his ward's estate if necessary to protect it; b. He may receive periodically money payable for the support of the ward to the ward's parent, guardian or custodian under the terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship. Any sums so received shall be applied to the ward's current needs for support, care and education in the exercise of a reasonable discretion, with or without court order, with due 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 which may be available for that purpose. He must exercise due care to conserve any excess funds for the ward's future needs unless a guardian has been appointed for the estate of the ward, in which case the excess shall be paid over at least annually to that guardian. He may institute an action to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward; c. He is empowered to facilitate the ward's education, social, or other activities and to authorize medical or other professional care, treatment, or advice. He is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented. He may consent to the marriage or adoption of his ward or to his ward's military service. L.1981, c. 405, s. 3B:12-52, eff. May 1, 1982.
N.J. Stat. § 3B:10-30 — NJ Code / Title 3B / Chapter 10 / Section 10-30
Power over title to property
Status: in_force

Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. L.1981, c. 405, s. 3B:10-30, eff. May 1, 1982.
N.J. Stat. § 3B:19B-12 — NJ Code / Title 3B / Chapter 19B / Section 19B-12
Business and other activities conducted by trustee
Status: in_force

12. Business and Other Activities Conducted by Trustee. a. If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets. b. A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts are to be retained for working capital, the acquisition or replacement of fixed assets and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business. c. Activities for which a trustee may maintain separate accounting records include: (1) retail, manufacturing, service and other traditional business activities; (2) farming; (3) raising and selling livestock and other animals; (4) management of rental properties; (5) extraction of minerals and other natural resources; (6) timber operations; and (7) activities to which section 22 of this act applies. L.2001,c.212,s.12.
N.J. Stat. § 3B:28-5 — NJ Code / Title 3B / Chapter 28 / Section 28-5
N.J.S. 3A:16-17 saved from repeal
Status: in_force

N.J.S. 3A:16-17 is saved from repeal. This section provides for the manner in which compensation shall be paid to the dower or curtesy holder where dower or curtesy is sold pursuant to N.J.S. 3A:16-16. L.1981, c. 405, s. 3B:28-5, eff. May 1, 1982.
N.J. Stat. § 3B:31-48 — NJ Code / Title 3B / Chapter 31 / Section 31-48
Co-trustees.
Status: in_force

3B:31-48. Co-trustees. a. Co-trustees who are unable to reach a unanimous decision may act by majority decision. A dissenting trustee who joins in carrying out a decision of the majority but expresses his dissent in writing promptly to his co-trustees shall not be liable for the act of the majority. b. If a vacancy occurs in a co-trusteeship, the remaining co-trustees shall act for the trust unless the trust instrument provides otherwise. c. A co-trustee shall participate in the performance of a trustee's function unless the co-trustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the co-trustee has properly delegated the performance of the function to another trustee. d. If a co-trustee is unavailable to perform duties because of absence, illness, disqualification under other law, other temporary incapacity, or a vacancy remains unfilled and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining co-trustee or a majority of the remaining co-trustees shall act for the trust. e. A trustee may not delegate to a co-trustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made. f. A trustee who does not join in an action of a co-trustee or co-trustees because of absence, illness, disqualification or other temporary incapacity shall not be liable for that action. g. Notwithstanding subsection a. or f. of this section, every trustee shall exercise reasonable care to: (1) prevent a co-trustee from committing a breach of trust; and (2) compel a co-trustee to redress a breach of trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:23-38 — NJ Code / Title 3B / Chapter 23 / Section 23-38
Effect of apportionment; filing and recording papers
Status: in_force

If the court approves the partition, the real estate so set apart shall become charged or chargeable with the contingent devise, and the residue of the real estate shall thereupon be entirely discharged from all lien, charge or liability with respect to the devise. All papers in the action shall be filed and recorded in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county wherein the real estate is situate and shall be plenary evidence of the lien on the real estate so set apart and of the discharge of the residue of the real estate. L.1981, c. 405, s. 3B:23-38, eff. May 1, 1982.
N.J. Stat. § 3B:22-19 — NJ Code / Title 3B / Chapter 22 / Section 22-19
Assets being administered here subject to claims established wherever personal representative appointed
Status: in_force

All assets of estates being administered in this State are subject to all claims and charges existing or established against the personal representative wherever appointed. L.1981, c. 405, s. 3B:22-19, eff. May 1, 1982.
N.J. Stat. § 3B:15-24 — NJ Code / Title 3B / Chapter 15 / Section 15-24
Prosecution of fiduciaries' bonds
Status: in_force

Except as otherwise provided by law, when the bond of a fiduciary given to a court or to a judicial officer or clerk of a court, for the faithful performance, by him, of the duties of his office as fiduciary, is forfeited, the bond may, without leave of court, be prosecuted in any court of record by, and at the expense of, an aggrieved party and in the name of the State at the relation of the aggrieved party. L.1981, c. 405, s. 3B:15-24, eff. May 1, 1982.
N.J. Stat. § 3B:6-5 — NJ Code / Title 3B / Chapter 6 / Section 6-5
Distribution of proceeds of life or accident policies
Status: in_force

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. L.1981, c. 405, s. 3B:6-5, eff. May 1, 1982.
N.J. Stat. § 3B:12-26 — NJ Code / Title 3B / Chapter 12 / Section 12-26
Action against incapacitated person when guardian newly appointed; leave of court required.
Status: in_force

3B:12-26. Action against incapacitated person when guardian newly appointed; leave of court required. No action shall be brought or maintained against an incapacitated person within one month after appointment of a guardian except by leave of the court wherein the action is to be brought or maintained. Amended 2005, c.304, s.14.
N.J. Stat. § 3B:14-12 — NJ Code / Title 3B / Chapter 14 / Section 14-12
Substituted fiduciary; powers and duties
Status: in_force

The substituted fiduciary, upon qualifying in accordance with the order of the court, shall be entitled to the control and possession of all of the unadministered assets of the estate, trust or fund, and shall be vested with title to and powers over the estate, trust or fund as the fiduciary or person named to act as fiduciary, in whose place and stead the substituted fiduciary is appointed, had or would have had except for the suspension of rights or powers and shall have power to administer the estate, trust or fund and shall be required to administer the estate, trust or fund and to account for his administration according to law. L.1981, c. 405, s. 3B:14-12, eff. May 1, 1982.
N.J. Stat. § 3B:14-61.1 — NJ Code / Title 3B / Chapter 14 / Section 14-61.1
Short title.
Status: in_force

1. Short Title. This act shall be known and may be cited as the "Uniform Fiduciary Access to Digital Assets Act." L.2017, c.237, s.1.
N.J. Stat. § 3B:14-18 — NJ Code / Title 3B / Chapter 14 / Section 14-18
Discharge from office of fiduciary; account; allowances
Status: in_force

A fiduciary may be discharged from the further duties of his office by the court. The court shall examine into the matter and if sufficient cause appears, the court may grant the discharge unless it will be prejudicial to the estate or persons interested therein or for any other reason the discharge ought not to be granted. A discharge so granted shall discharge the fiduciary of all the further duties of his office except accounting for and paying over the money and assets with which he is chargeable by virtue of his office. If the fiduciary is discharged, the court shall make orders respecting his commissions as may be just and equitable. L.1981, c. 405, s. 3B:14-18, eff. May 1, 1982.
N.J. Stat. § 3B:28-13 — NJ Code / Title 3B / Chapter 28 / Section 28-13
N.J.S. 3A:36-5 saved from repeal
Status: in_force

N.J.S. 3A:36-5 is saved from repeal. Upon dower or curtesy becoming consummate after admeasurement under N.J.S. 3A:36-4, the widow or widower shall have the portion admeasured for life. L.1981, c. 405, s. 3B:28-13, eff. May 1, 1982.
N.J. Stat. § 3A:36-4 — NJ Code / Title 3A / Chapter 36 / Section 36-4
Admeasurement when real estate is sold subject to dower or curtesy by judgment
Status: in_force

3A:36-4. If real estate is lawfully sold by a sheriff, assignee in bankruptcy or other public officer, whereby an inchoate right of dower or curtesy does or shall remain, the purchaser shall have the right, in an action in the Superior Court to have one half part thereof, or such other part according to the law in force when the right or estate became vested, admeasured and set off as and for the dower or curtesy portion. Amended 1991,c.91,s.151.
N.J. Stat. § 3B:8-2 — NJ Code / Title 3B / Chapter 8 / Section 8-2
Elective share of surviving spouse, partner in a civil union, domestic partner of person dying not domiciled in this State.
Status: in_force

3B:8-2. Elective share of surviving spouse, partner in a civil union, or domestic partner of person dying not domiciled in this State. If a married person, partner in a civil union, or person in a domestic partnership not domiciled in this State dies, the right, if any, of the surviving spouse, partner in a civil union, or domestic partner to take an elective share in property in this State is governed by the law of the decedent's domicile at death. Amended 2005, c.331, s.8; 2023, c.238, s.5.
N.J. Stat. § 3B:12-63 — NJ Code / Title 3B / Chapter 12 / Section 12-63
Guardian's final account and delivery of property upon termination of guardianship.
Status: in_force

3B:12-63. Guardian's final account and delivery of property upon termination of guardianship. Upon termination of the guardianship, pursuant to N.J.S.3B:12-64 the guardian, after the allowance of his final account, shall pay over and distribute all funds and properties of the former ward or to the estate of the former ward in accordance with the order of the court. Amended 2005, c.304, s.44.
N.J. Stat. § 3B:18-5 — NJ Code / Title 3B / Chapter 18 / Section 18-5
Fiduciary removed from office; forfeiture of commissions
Status: in_force

Where a fiduciary is removed for any cause, the Superior Court may direct that his commissions be forfeited. L.1981, c. 405, s. 3B:18-5, eff. May 1, 1982.
N.J. Stat. § 3B:23-40 — NJ Code / Title 3B / Chapter 23 / Section 23-40
Payment of interest on moneys deposited
Status: in_force

When moneys are ordered to be paid into court pursuant to N.J.S. 3B:23-39, the interest thereof, or any part of the interest as the court may direct, shall be paid to or on behalf of the persons who would for the time being be entitled to the interest in proportion to their respective shares therein, and payments of interest shall be made, yearly or half-yearly or otherwise directly to the persons entitled thereto, unless otherwise directed by the court. L.1981, c. 405, s. 3B:23-40, eff. May 1, 1982.
N.J. Stat. § 3B:31-47 — NJ Code / Title 3B / Chapter 31 / Section 31-47
Trustee's bond.
Status: in_force

3B:31-47. Trustee's Bond. a. A trustee shall give bond to secure performance of the trustee's duties as prescribed by N.J.S.3B:15-1 et seq. if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with that requirement. b. Unless otherwise directed by the court, the cost of the bond is an expense of the trust.
L.2015, c.276, s.1.
N.J. Stat. § 3B:12-24.1 — NJ Code / Title 3B / Chapter 12 / Section 12-24.1
Determination by the court of need for guardianship services, specific services.
Status: in_force

12. Determination by the court of need for guardianship services, specific services. a. General Guardian. If the court finds that an individual is incapacitated as defined in N.J.S.3B:1-2 and is without capacity to govern himself or manage his affairs, the court may appoint a general guardian who shall exercise all rights and powers of the incapacitated person. The general guardian of the estate shall furnish a bond conditioned as required by the provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the court. b. Limited Guardian. If the court finds that an individual is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself, the court may appoint a limited guardian of the person, limited guardian of the estate, or limited guardian of both the person and estate. A court, when establishing a limited guardianship, shall make specific findings regarding the individual's capacity, including, but not limited to, which areas, such as residential, educational, medical, legal, vocational, and financial decision making, the incapacitated person retains sufficient capacity to manage. A judgment of limited guardianship may specify the limitations upon the authority of the guardian or alternatively the areas of decision making retained by the person. The limited guardian of the estate shall furnish a bond in accordance with the provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the court. c. Pendente lite; Temporary Guardian. (1) Whenever a complaint is filed in the Superior Court to declare a person incapacitated and appoint a guardian, the complaint may also request the appointment of a temporary guardian of the person or estate, or both, pendente lite. Notice of a pendente lite temporary guardian application shall be given to the alleged incapacitated person or alleged incapacitated person's attorney or the attorney appointed by the court to represent the alleged incapacitated person. (2) Pending a hearing for the appointment of a guardian, the court may for good cause shown and upon a finding that there is a critical need or risk of substantial harm, including, but not limited to: (a) the physical or mental health, safety, and well-being of the person may be harmed or jeopardized; and (b) the property or business affairs of the person may be repossessed, wasted, misappropriated, dissipated, lost, damaged or diminished, or not appropriately managed. (c) It is in the best interest of the alleged incapacitated person to have a temporary guardian appointed and such may be dealt with before the hearing to determine incapacity can be held, after any notice as the court shall direct, appoint a temporary guardian pendente lite of the person or estate, or both, of the alleged incapacitated person. (3) A pendente lite temporary guardian appointed pursuant to this section may be granted authority to arrange interim financial, social, medical or mental health services, or temporary accommodations for the alleged incapacitated person determined to be necessary to deal with critical needs of or risk of substantial harm to the alleged incapacitated person or the alleged incapacitated person's property or assets. The pendente lite temporary guardian may be authorized to make arrangements for payment for such services from the estate of the alleged incapacitated person. (4) A pendente lite temporary guardian appointed hereunder shall be limited to act for the alleged incapacitated person only for those services determined by the court to be necessary to deal with critical needs or risk of substantial harm to the alleged incapacitated person. (5) The alleged incapacitated person's attorney or attorney appointed by the court to represent the alleged incapacitated person shall be given notice of the appointment of the pendente lite temporary guardian. The pendente lite temporary guardian shall communicate all actions taken on behalf of the alleged incapacitated individual to the alleged incapacitated person's attorney or attorney appointed by the court to represent the alleged incapacitated person who shall have the right to object to such actions. (6) A pendente lite temporary guardian appointment shall not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order. (7) If the court enters an order appointing a pendente lite temporary guardian without notice, the alleged incapacitated person may appear and move for its dissolution or modification on two days' notice to the plaintiff and to the temporary guardian or on such shorter notice as the court prescribes. (8) Every order appointing a pendente lite temporary guardian granted without notice expires as prescribed by the court, but within a period of not more than 45 days, unless within that time the court extends it for good cause shown for the same period. (9) The pendente lite temporary guardian, upon application to the court, shall be entitled to receive reasonable fees for his services, as well as reimbursement of his reasonable expenses, which shall be payable by the estate of the alleged incapacitated person or minor. (10) The pendente lite temporary guardian shall furnish a bond in accordance with the provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the court. d. Disclosure of information. Physicians and psychologists licensed by the State are authorized to disclose medical information, including, but not limited to, medical, mental health, and substance use disorder information as permitted by State and federal law, regarding the alleged incapacitated person in affidavits filed pursuant to the Rules Governing the Courts of the State of New Jersey. e. Court appearance. If the alleged incapacitated person is not represented by counsel, the court shall appoint counsel for the alleged incapacitated person. The court in its discretion may also appoint a guardian ad litem for the alleged incapacitated person in accordance with the Rules of Court. The alleged incapacitated person shall appear in court unless the plaintiff and the court-appointed attorney certify that the alleged incapacitated person is unable to appear because of physical or mental incapacity. f. Communication. When a person who is allegedly in need of guardianship services appears to have a receptive or expressive communication deficit, all reasonable means of communication with the person shall be attempted for the purposes of this section, including written, spoken, sign or non-formal language, which includes translation of the person's spoken or written word when the person is unable to communicate in English, and the use of adaptive equipment. g. Additional subject areas. At the request of the limited guardian, and if the incapacitated person is not represented, after appointment of an attorney for the incapacitated person and with notice to all interested parties, the court may determine that a person is in need of guardian services regarding additional subject areas and may enlarge the powers of the guardian to protect the person from significant harm. h. Limitations of guardian powers. At the request of the guardian, the incapacitated person or another interested person, and if the incapacitated person is not represented, after appointment of an attorney for the incapacitated person and with notice to all interested parties, the court may limit the powers conferred upon a guardian. i. Complaint for Adjudication of Incapacity and Appointment of Guardian. (1) A complaint for adjudication of incapacity and appointment of a guardian of an individual who is alleged to be incapacitated as defined in N.J.S.3B:1-2 shall be filed in accordance with the Rules of Court. (2) If the individual is a minor under the age of 18 who is anticipated to require a guardian upon attaining the age of 18, the complaint may be filed up to 180 days prior to the date the minor attains the age of 18. Any judgment designating a guardian pursuant to this paragraph shall take effect no earlier than the date the minor attains the age of 18. (3) Except where a pendente lite temporary guardian has been appointed to act for an alleged incapacitated person for the limited services determined by the court to be necessary to deal with critical needs or risk of substantial harm to the alleged incapacitated person as provided in subsection c. of this section, the alleged incapacitated person shall retain the right of self-determination during the pendency of the action. (4) In the event that the applicant seeks to withdraw the complaint, the court in its discretion may instead allow the withdrawal of the applicant as a party and the continuation of the adjudication of incapacity and appointment of a guardian for good cause shown and upon a finding that it is in the best interest of the alleged incapacitated person to continue the adjudication of incapacity proceeding. Notice shall be provided to the alleged incapacitated person, to all interested parties named in the complaint, and to the Department of Children and Families, the Department of Human Services, or any other appropriate State agency. If the alleged incapacitated person contests the proceeding and there is no substitution of applicant filed within 90 days, the matter shall be dismissed without prejudice. L.2005, c.304, s.12; amended 2023, c.177, s.13; 2025, c.179, s.1.
N.J. Stat. § 3B:15-19 — NJ Code / Title 3B / Chapter 15 / Section 15-19
Discharge of surety for fiduciary or assignee after final account
Status: in_force

At any time 3 months after the entry of a final judgment of distribution made after the allowance of the final account of a fiduciary or assignee for the benefit of creditors, the court shall, in an action by any person interested, and upon proof to the satisfaction of the court that the entire estate has been distributed according to law, and that no appeal from the judgment of distribution is pending, discharge the sureties of the principal from any and every liability by reason of having become sureties. L.1981, c. 405, s. 3B:15-19, eff. May 1, 1982.
N.J. Stat. § 3B:19B-22 — NJ Code / Title 3B / Chapter 19B / Section 19B-22
Derivatives and options
Status: in_force

22. Derivatives and Options. a. As used in this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates or other market indicator for an asset or a group of assets. b. To the extent that a trustee does not account under section 12 of this act for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions. c. If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal. An amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal. L.2001,c.212,s.22.
N.J. Stat. § 3A:25-40 — NJ Code / Title 3A / Chapter 25 / Section 25-40
Devisee, beneficiary or appointee under testamentary instrument, or heir; whole or fractional share
Status: in_force

Any person who is a devisee or beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument, including a person succeeding to a disclaimed interest, or an heir may disclaim in whole or in part the right of succession to any property or interest therein, including a future interest, by filing a disclaimer under this act. A disclaimer may be of a fractional share, expressed as either a percentage or dollar amount, or any limited interest or estate. L.1979, c. 484, s. 2 eff. Feb. 28, 1980.
N.J. Stat. § 3B:15-10 — NJ Code / Title 3B / Chapter 15 / Section 15-10
When fiduciary required to account and give separate security to surety
Status: in_force

When the surety on the bond of a fiduciary discovers that the fiduciary is wasting or mismanaging the estate, so that the surety may become liable to loss or damage, the court may, in an action by the surety, and upon sufficient reason therefor, require the fiduciary to render an account of the performance of his office to the surety. If it shall appear that the fiduciary has embezzled, wasted, misapplied, mismanaged or insufficiently secured the estate, the court shall direct the fiduciary to give separate security to the surety for the true payment of the balance in his hands to be paid according to the trust. L.1981, c. 405, s. 3B:15-10, eff. May 1, 1982.
N.J. Stat. § 3B:22-17 — NJ Code / Title 3B / Chapter 22 / Section 22-17
Defense to action on fiduciary's bond in certain cases
Status: in_force

A fiduciary, who has received a devise or distributive share from a personal representative and has given a refunding bond therefor, may set up in absolute bar to an action on the bond, that he has lawfully paid out and distributed the devise or distributive share to the person entitled thereto, and has taken a refunding bond therefor from that person. If the fiduciary has paid out a part only of the devise or distributive share and has taken a similar refunding bond therefor, he may defend in like manner as to the part so paid or distributed. L.1981, c. 405, s. 3B:22-17, eff. May 1, 1982.
N.J. Stat. § 3B:28-10 — NJ Code / Title 3B / Chapter 28 / Section 28-10
N.J.S. 3A:36-2 saved from repeal
Status: in_force

N.J.S. 3A:36-2 is saved from repeal. This section provides where and by whom an action may be commenced to admeasure dower or curtesy. L.1981, c. 405, s. 3B:28-10, eff. May 1, 1982.
N.J. Stat. § 3B:12-17 — NJ Code / Title 3B / Chapter 12 / Section 12-17
Determination into fitness of a testamentary guardian of a minor's person
Status: in_force

If a will appointing a testamentary guardian of the person of a minor has been or is to be probated in the surrogate's court of any county or the Superior Court, the Superior Court may, in an action brought upon notice to the guardian named in the will, inquire into the present custody of the minor, and make an order touching the testamentary guardianship as may be for the best interest and welfare of the minor. L.1981, c. 405, s. 3B:12-17, eff. May 1, 1982.
N.J. Stat. § 3B:12-32 — NJ Code / Title 3B / Chapter 12 / Section 12-32
Temporary appointment of guardian if person not adjudicated an incapacitated person.
Status: in_force

3B:12-32. Temporary appointment of guardian if person not adjudicated an incapacitated person. If the person for whom a testamentary guardian has been appointed under the will of a parent, spouse or domestic partner as defined in section 3 of P.L. 2003, c. 246 (C.26:8A-3)has not been adjudicated as an incapacitated person in accordance with N.J.S.3B:12-24 and the Rules Governing the Courts of New Jersey, the person named as the testamentary guardian may apply to the court in the manner provided in N.J.S.3B:12-30 for a judgment designating that person as the temporary guardian of the person or of the estate, or of both the person and estate of the alleged incapacitated person until the issue of incapacity has been determined. Upon the determination of the issue of incapacity, the court shall either enter a judgment confirming the appointment of the testamentary guardian or vacating the appointment of the temporary guardian. Amended 2005, c.304, s.20.
N.J. Stat. § 3B:23-22 — NJ Code / Title 3B / Chapter 23 / Section 23-22
Deposit in court of money or other property of devisee, heir or beneficiary of trust in certain cases
Status: in_force

Where it shall appear that a devisee, heir or beneficiary of a trust would not have the benefit or use or control of the money or other property due him, or where other special circumstances make it appear desirable that the payment should be withheld or, in the case of a trust where the trustee was appointed other than by a court, the Superior Court, on motion of any person in interest, or, failing such, on motion of the Attorney General, or on the court's own motion, may direct that the money or other property be paid into court for the benefit of the devisee, heir, beneficiary of a trust, or any person or persons who may thereafter appear to be entitled thereto. The money or other property so paid into court shall be paid out only by order of the court. L.1981, c. 405, s. 3B:23-22, eff. May 1, 1982.
N.J. Stat. § 3B:12-51 — NJ Code / Title 3B / Chapter 12 / Section 12-51
Powers and responsibilities of a guardian of the person of a minor generally
Status: in_force

A guardian of the person of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child, except that a guardian is not legally obligated to provide for the ward from his own funds. L.1981, c. 405, s. 3B:12-51, eff. May 1, 1982.
N.J. Stat. § 3B:22-39 — NJ Code / Title 3B / Chapter 22 / Section 22-39
"Heirs and devisees" defined.
Status: in_force

3B:22-39. As used in this article, heirs and devisees shall include the heirs and devisees of a deceased debtor and the heirs and devisees of any of them, who shall have died before the commencement of the action, authorized by this article, to whom any of the real or personal property, of which the debtor died seized or possessed, descended or was devised. Amended 2004, c.132, s.85.
N.J. Stat. § 3B:17-8 — NJ Code / Title 3B / Chapter 17 / Section 17-8
Effect of judgment allowing account
Status: in_force

A judgment allowing an account, including a guardian's intermediate account, after due notice, shall be res adjudicata as to all exceptions which could or might have been taken to the account, and shall constitute an approval of the correctness and propriety of the account, the legality and propriety of the investments and other assets, the legality and propriety of the changes in investments or other assets, and the legality and propriety of other matters, and also shall exonerate and discharge the fiduciary from all claims of all interested parties and of those in privity with or represented by interested parties except: a. For the investments and other assets in the fiduciary's hands at the close of the period covered by the account, and assets which may come into his hands after the close of the account; b. Insofar as exceptions to the account shall be taken and sustained; and c. As relief may be had from a judgment in any civil action. L.1981, c. 405, s. 3B:17-8, eff. May 1, 1982.
N.J. Stat. § 3B:14-47 — NJ Code / Title 3B / Chapter 14 / Section 14-47
Fiduciary to file power of attorney; requisites of power
Status: in_force

Every fiduciary, whether or not a resident within this State, who is granted letters testamentary or of administration, trusteeship or guardianship within this State shall, at the time of the grant, or before he undertakes to perform his duties, file a power of attorney with the surrogate of the county or clerk of the court granting the letters. The power of attorney shall be duly executed in writing, shall set forth the post office address, street and number, of the fiduciary and, by sufficient language, constitute the surrogate or clerk with whom it is filed, and his successors in office, his true and lawful attorney to receive process affecting the estate in charge of the fiduciary, or any interest therein, with the same force and effect as if the process were duly served on the fiduciary within this State. L.1981, c. 405, s. 3B:14-47, eff. May 1, 1982.
N.J. Stat. § 3B:14-59 — NJ Code / Title 3B / Chapter 14 / Section 14-59
Deposit in names of two or more trustees; liability of payee, holder or bank
Status: in_force

When a deposit is made in a bank in the names of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith. L.1981, c. 405, s. 3B:14-59, eff. May 1, 1982.
N.J. Stat. § 3B:20-11.7 — NJ Code / Title 3B / Chapter 20 / Section 20-11.7
Review of trust assets
Status: in_force

7. Within six months after accepting trust assets, the fiduciary shall review the trust assets and shall make and implement decisions concerning the retention and disposition of assets received at the inception of the trust, in order to bring the trust portfolio into compliance with the provisions of the trust instrument or with the requirements of this act. L.1997,c.26,s.7.
N.J. Stat. § 3B:3-4 — NJ Code / Title 3B / Chapter 3 / Section 3-4
Making will self-proved at time of execution.
Status: in_force

3B:3-4. Any will executed on or after September 1, 1978 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized pursuant to R.S.46:14-6.1 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, in substantially the following form: I, .........., the testator, sign my name to this instrument this .... day of ......., 20..., and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. ......................................... Testator We,............., the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's last will and that the testator signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence. ........................................ Witness ........................................ Witness The State of................ County of................... Subscribed, sworn to and acknowledged before me by ................, the testator and subscribed and sworn to before me by ............ and ............., witnesses, this ............. day of................. (Signed)............................. ................................ (Official capacity of officer) L.1981, c.405, s.3B:3-4, eff. May 1, 1982; amended 1991, c.255; 2004, c.132, s.11.
N.J. Stat. § 3B:13-8 — NJ Code / Title 3B / Chapter 13 / Section 13-8
Guardian to have no more than five wards; exceptions.
Status: in_force

3B:13-8. Except as provided in this section, no person shall accept appointment as guardian of a ward if acting as guardian for five wards. In an action brought by an attorney of a Federal agency, establishing that a guardian is acting in a fiduciary capacity for more than five wards, the Superior Court shall require a final accounting forthwith from the guardian and shall discharge the guardian. The limitation of this section shall not apply where the guardian is a bank or trust company or a public guardian of veterans who are incapacitated, and an individual may be guardian of more than five wards if they are all members of the same family. amended 2013, c.103, s.28.
N.J. Stat. § 3B:19B-17 — NJ Code / Title 3B / Chapter 19B / Section 19B-17
Deferred compensation, retirement benefits, annuities, and similar payments
Status: in_force

17. Deferred Compensation, Retirement Benefits, Annuities, and Similar Payments. a. As used in this section, "payment" means a payment that a trustee may receive over a fixed period of time or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. The term includes a payment made in money or property from the payer's general assets or from a separate fund created by the payer or by another, including a private or commercial annuity, an individual retirement account and a pension, profit-sharing, stock-bonus, or stock-ownership plan. b. To the extent that a trustee can readily ascertain the part of a payment from a separate fund held for the benefit of the trust that represents the then undistributed net income of the fund realized since the trust acquired its interest in the fund, a trustee shall allocate that part to income. The trustee shall allocate to principal the balance of the payment. c. If no part of a payment is allocated to income under subsection b. of this section, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not "required to be made" to the extent that it is made because the trustee exercises a right of withdrawal. d. If, to obtain an estate tax or gift tax marital deduction for a trust, the trustee must allocate more of a payment to income than provided for by this section, the trustee shall allocate to income the additional amount necessary to obtain the marital deduction. e. This section does not apply to payments to which section 18 of this act applies. L.2001,c.212,s.17.
N.J. Stat. § 3B:31-44 — NJ Code / Title 3B / Chapter 31 / Section 31-44
Settlor's powers.
Status: in_force

3B:31-44. Settlor's Powers. While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. L.2015, c.276, s.1.
N.J. Stat. § 3B:19B-27 — NJ Code / Title 3B / Chapter 19B / Section 19B-27
Transfer from income to reimburse principal
Status: in_force

27. Transfer from Income to Reimburse Principal. a. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements. b. Principal disbursements to which subsection a. of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party: (1) an amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs; (2) disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and broker's commissions; and (3) periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments. c. If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection a. of this section. L.2001,c.212,s.27.
N.J. Stat. § 3B:5-10 — NJ Code / Title 3B / Chapter 5 / Section 5-10
Establishment of Parent-Child Relationship.
Status: in_force

3B:5-10. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from an individual, in cases not covered by N.J.S.3B:5-9, an individual is the child of the individual's parents regardless of the marital state of the individual's parents, and the parent and child relationship may be established as provided by the "New Jersey Parentage Act," P.L.1983, c.17 (C.9:17-38 et seq.). The parent and child relationship may be established for purposes of this section regardless of the time limitations set forth in subsection b. of section 8 of P.L.1983, c.17 (C.9:17-45). Amended 1991, c.22; 1997, c.376, s.1; 2004, c.132, s.52.
N.J. Stat. § 3B:14-45 — NJ Code / Title 3B / Chapter 14 / Section 14-45
Discovery of assets in action against the fiduciary
Status: in_force

The court may, if it shall appear that a fiduciary may have wasted, embezzled or misapplied the estate intrusted to him, compel discovery to be made of the condition of the estate by the production of books, papers, securities and documents relating to the estate, or the examination of the fiduciary and other witnesses. L.1981, c. 405, s. 3B:14-45, eff. May 1, 1982.
N.J. Stat. § 3B:10-20 — NJ Code / Title 3B / Chapter 10 / Section 10-20
Ratification of prior acts
Status: in_force

A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. L.1981, c. 405, s. 3B:10-20, eff. May 1, 1982.
N.J. Stat. § 3B:15-12 — NJ Code / Title 3B / Chapter 15 / Section 15-12
Bond after deposit
Status: in_force

After deposit has been made pursuant to N.J.S. 3B:15-11, the court may fix the amount of the bond with respect to the value of the remainder only of the estate or fund, or in case all of the estate or fund is so deposited, then in an amount as the court shall determine to be sufficient under the circumstances. L.1981, c. 405, s. 3B:15-12, eff. May 1, 1982.
N.J. Stat. § 3B:12-50 — NJ Code / Title 3B / Chapter 12 / Section 12-50
Additional powers which may be exercised by the court
Status: in_force

The court may exercise, or direct the exercise of, or release the powers of appointment of which the ward is donee, to renounce interests, to make gifts in trust or otherwise, or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that it is in the best interests of the ward. L.1981, c. 405, s. 3B:12-50, eff. May 1, 1982.
N.J. Stat. § 3B:18-11 — NJ Code / Title 3B / Chapter 18 / Section 18-11
Manner of payment of additional compensation
Status: in_force

The additional compensation of the fiduciary shall be payable by the recipient of the property if the recipient is within the jurisdiction of the court, or if the recipient is not within the jurisdiction of the court, shall be payable out of the property, if the property is within the jurisdiction of the court. If the recipient of the property is not within the jurisdiction of the court and if the property is not within the jurisdiction of the court, or if the fiduciary does not succeed in collecting the additional fiduciary's compensation from the recipient of the property or out of the property, the court may order the fiduciary's additional compensation to be paid out of the corpus of the decedent's estate which comes into the hands of the fiduciary. L.1981, c. 405, s. 3B:18-11, eff. May 1, 1982.
N.J. Stat. § 3B:19B-31 — NJ Code / Title 3B / Chapter 19B / Section 19B-31
Judicial control of discretionary powers
Status: in_force

31. Judicial Control of Discretionary Powers. a. A court shall not change a fiduciary's decision to exercise or not to exercise a discretionary power conferred by this act unless it determines that the decision was an abuse of discretion. A court shall not determine that a fiduciary abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion. b. The decisions to which subsection a. of this section applies include: (1) A determination under subsection a. of section 4 of this act of whether and to what extent an amount should be transferred from principal to income or from income to principal. (2) A determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors in deciding whether and to what extent to exercise the powers conferred by subsection a. of section 4 of this act. c. If a court determines that a fiduciary has abused its discretion, the remedy is to restore the income and remainder beneficiaries to the position they would have occupied if the fiduciary had not abused its discretion, according to the following rules: (1) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution that is too small, the court shall require the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to his appropriate position. (2) To the extent that an abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate position by requiring the fiduciary to withhold an amount from one or more of future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary to return some or all of the distribution to the trust. (3) To the extent that the court is unable, after applying paragraphs (1) and (2) of this subsection to restore the beneficiaries, the trust, or both, to the position they would have occupied if the fiduciary had not abused its discretion, the court may require the fiduciary to pay an appropriate amount from its own funds to one or more of the beneficiaries or the trust or both. d. Upon a petition by the fiduciary, the court having jurisdiction over the trust or estate shall determine whether a proposed exercise or nonexercise by the fiduciary of a discretionary power conferred by this act will result in an abuse of the fiduciary's discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the fiduciary relies, and an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion. L.2001,c.212,s.31.
N.J. Stat. § 3B:14-61.5 — NJ Code / Title 3B / Chapter 14 / Section 14-61.5
Terms-of-service agreement.
Status: in_force

5. Terms-of-Service Agreement. a. This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. b. This act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. c. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 4 of this act. L.2017, c.237, s.5.
N.J. Stat. § 3B:31-1 — NJ Code / Title 3B / Chapter 31 / Section 31-1
Short Title.
Status: in_force

3B:31-1. Short Title. This act shall be known and may be cited as the "Uniform Trust Code." L.2015, c.276, s.1.
N.J. Stat. § 3B:20-11.5 — NJ Code / Title 3B / Chapter 20 / Section 20-11.5
Assets to be managed in interest of beneficiaries
Status: in_force

5. A fiduciary shall invest and manage the trust assets solely in the interest of the beneficiaries. L.1997,c.26,s.5.
N.J. Stat. § 3B:6-1 — NJ Code / Title 3B / Chapter 6 / Section 6-1
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Simultaneous Death Law." L.1981, c. 405, s. 3B:6-1, eff. May 1, 1982.
N.J. Stat. § 3B:12-7 — NJ Code / Title 3B / Chapter 12 / Section 12-7
When payment of money or delivery of property prohibited
Status: in_force

The payment of money or delivery of personal property under N.J.S. 3B:12-6 shall not be made if the person making payment or delivery has actual knowledge that a guardian of the estate of the minor has been appointed or that an action for the appointment of a guardian of the estate of the minor is pending. L.1981, c. 405, s. 3B:12-7, eff. May 1, 1982.
N.J. Stat. § 3B:18-12 — NJ Code / Title 3B / Chapter 18 / Section 18-12
Definition of fiduciary
Status: in_force

As used in this article "fiduciary" means personal representative and fiduciaries appointed under chapter 26 of this title for absentees. L.1981, c. 405, s. 3B:18-12, eff. May 1, 1982.
N.J. Stat. § 3B:2-2 — NJ Code / Title 3B / Chapter 2 / Section 2-2
General authority of Superior Court as to probate matters
Status: in_force

The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title. L.1981, c. 405, s. 3B:2-2, eff. May 1, 1982.
N.J. Stat. § 3B:18-26 — NJ Code / Title 3B / Chapter 18 / Section 18-26
Failure to take commissions annually shall not constitute a waiver thereof
Status: in_force

The failure of a fiduciary to take commissions in any year shall not constitute a waiver by the fiduciary to take in a subsequent year the commissions not taken for that year. L.1981, c. 405, s. 3B:18-26, eff. May 1, 1982.
N.J. Stat. § 3B:13-17 — NJ Code / Title 3B / Chapter 13 / Section 13-17
Compensation of guardian
Status: in_force

Compensation payable to a guardian shall not exceed 5% of the income of the ward during any year. For extraordinary services rendered by the guardian, the Superior Court may, after hearing upon the settlement of his account, authorize additional compensation payable from the estate of the ward, but no compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to a corporate surety upon his bond. L.1981, c. 405, s. 3B:13-17, eff. May 1, 1982.
N.J. Stat. § 3B:3-15 — NJ Code / Title 3B / Chapter 3 / Section 3-15
Revival of revoked will.
Status: in_force

3B:3-15. a. Except as otherwise provided in N.J.S.3B:3-14 or as provided in subsections b., c. and d. of this section, a revoked will or codicil shall not be revived except by reexecution or by a duly executed codicil expressing an intention to revive it. b. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act described in N.J.S.3B:3-13, the previous will remains revoked unless it is revived. The previous will is revived if there is clear and convincing evidence from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed. c. If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act described in N.J.S.3B:3-13, a revoked part of the previous will is revived unless there is clear and convincing evidence from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed. d. If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect. L.1981, c.405, s.3B:3-15, eff. May 1, 1982.
N.J. Stat. § 3B:16-8 — NJ Code / Title 3B / Chapter 16 / Section 16-8
Guardian to file inventory of estate of minor or person who is incapacitated.
Status: in_force

3B:16-8. Every guardian of the estate of a minor or a person who is incapacitated may, and if required by the court shall, file with the surrogate of the proper county or the clerk of the Superior Court an inventory, under oath, of all the real and personal property which is in the control, possession, or knowledge of the guardian or any other person on the guardian's behalf. The court shall not require an inventory and appraisal to be filed until three months have elapsed after the grant of letters. amended 2013, c.103, s.49.
N.J. Stat. § 3B:14-61.2 — NJ Code / Title 3B / Chapter 14 / Section 14-61.2
Definitions.
Status: in_force

2. Definitions. As used in this act: "Account" means an arrangement under a terms-of-service in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney. "Carries" means engages in the transmission of an electronic communication. "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. "Content of an electronic communication" means information concerning the substance or meaning of the communication which: (a) has been sent or received by a user; (b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (c) is not readily accessible to the public. "Court" means the Probate Part of the Chancery Division of the Superior Court. For the purposes of this act, "court" includes the Surrogate's Court acting within the scope of its authority pursuant to statute or the Rules of Court. "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user. "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user. "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. "Electronic communication" has the meaning set forth in 18 U.S.C. s.2510(12). "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication. "Fiduciary" means an original, additional, or successor personal representative, guardian, agent, or trustee. "Guardian" means a person appointed by the court to make decisions regarding the property of an incapacitated adult, including a person appointed in accordance with N.J.S.3B:12-1 et seq. or its equivalent in a state other than New Jersey. "Incapacitated person" means an incapacitated individual, as defined in N.J.S.3B:1-2, for whom a guardian has been appointed. "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this State other than this act. "Power of attorney" means a written instrument by which an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of section 28 of P.L.1948, c.67 (C.17:9A-28) known as the attorney-in-fact to perform specified acts on behalf of the principal as the principal's agent. "Principal" means an individual, at least 18 years of age, who, in a power of attorney, authorizes an agent to act. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Remote-computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. s.2510(14). "Terms-of-service agreement" means an agreement that controls the relationship between an account holder and a custodian. "Trustee" means a fiduciary with legal title to property pursuant to an agreement or declaration that creates a beneficial interest in another. "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. "User" means a person that has an account with a custodian. "Will" means the last will and testament of a testator or testatrix and includes any codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of a person or class to succeed to property of the decedent passing by intestate succession. L.2017, c.237, s.2.
N.J. Stat. § 3B:30-8 — NJ Code / Title 3B / Chapter 30 / Section 30-8
Passage of security to beneficiary, reregistration
Status: in_force

8. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. L.1995,c.130,s.8.
N.J. Stat. § 3B:28-15 — NJ Code / Title 3B / Chapter 28 / Section 28-15
N.J.S. 3A:37-2 saved from repeal
Status: in_force

N.J.S. 3A:37-2 is saved from repeal. This section provides that, in the absence of a reconciliation, a spouse who lives in adultery is barred from having jointure, dower or curtesy. L.1981, c. 405, s. 3B:28-15, eff. May 1, 1982.
N.J. Stat. § 3B:20-34 — NJ Code / Title 3B / Chapter 20 / Section 20-34
Application of article
Status: in_force

3B:20-34. Application of article. This article shall apply to any fiduciary holding securities in its fiduciary capacity, and to any banking institution holding securities as a custodian, managing agent or custodian for a fiduciary, acting on January 2, 1974, or who thereafter may act regardless of the date of the trust instrument by which the fiduciary is appointed and regardless of whether or not the fiduciary or the banking institution acting as custodian, managing agent or custodian for a fiduciary owns capital stock of the clearing corporation. Amended 1997, c.26, s.23.
N.J. Stat. § 3B:20-21 — NJ Code / Title 3B / Chapter 20 / Section 20-21
Definitions
Status: in_force

As used in this article: a. "Banking institution" includes State chartered banks and national banking associations; b. "Bank holding company" means a bank holding company as defined in the Bank Holding Company Act of 1956 (Act of May 9, 1956, 70 Stat. 1933, 12 U.S.C. 1841 et seq.) as amended by the Bank Holding Company Act Amendments of 1970 (Act of December 31, 1970, 84 Stat. 1760). L.1981, c. 405, s. 3B:20-21, eff. May 1, 1982.
N.J. Stat. § 3B:10-13 — NJ Code / Title 3B / Chapter 10 / Section 10-13
Duty to apply in this State for original letters of administration
Status: in_force

When an intestate is resident in any county of New Jersey at his death, it shall be the duty of the heir or any other person desiring original letters of administration upon his estate to make application therefor to the surrogate of that county or to the Superior Court of this State. Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersey, shall give information thereof to the Superior Court. The court may direct the clerk of the court to issue and have served subpenas or an order to show cause requiring the appearance before it, at a specified time, of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court. L.1981, c. 405, s. 3B:10-13, eff. May 1, 1982.
N.J. Stat. § 3B:14-33 — NJ Code / Title 3B / Chapter 14 / Section 14-33
Asserting claims against estate
Status: in_force

Claims based on contracts entered into by a fiduciary in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the fiduciary in his fiduciary capacity, whether or not the fiduciary is individually liable therefor. L.1981, c. 405, s. 3B:14-33, eff. May 1, 1982.
N.J. Stat. § 3B:15-9 — NJ Code / Title 3B / Chapter 15 / Section 15-9
Additional surety when original sureties and bond insufficient
Status: in_force

If it appears that the security given by a fiduciary at the time of his appointment was insufficient or has become insufficient or the sureties appear to be in failing circumstances or insufficient for the security of the estate, the court may order the fiduciary to give other or further security to the Superior Court, by bond in the usual form, and other sureties as the court, after hearing persons interested, including creditors, shall approve. L.1981, c. 405, s. 3B:15-9, eff. May 1, 1982.
N.J. Stat. § 3B:7-1.1 — NJ Code / Title 3B / Chapter 7 / Section 7-1.1
Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations.
Status: in_force

58. Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations. a. An individual who is responsible for the intentional killing of the decedent forfeits all benefits under this title with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's, domestic partner's, civil union partner's, or child's share, exempt property and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed his share. b. The intentional killing of the decedent: (1) revokes any revocable (a) disposition or appointment of property made by decedent to the killer in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the killer, (b) provision in a governing instrument conferring a general or special power of appointment on the killer or a relative of the killer, and (c) nomination in a governing instrument of the killer or a relative of the killer, nominating or appointing the killer or a relative of the killer to serve in any fiduciary or representative capacity; and (2) severs the interests of the decedent and the killer in property held by them at the time of the killing as joint tenants with the right of survivorship or as tenants by the entireties, transforming the interests of the decedent and killer into tenancies in common. c. For purposes of this chapter: (1) "governing instrument" means a governing instrument executed by the decedent; and (2) "relative of the killer" means an individual who is related to the killer by blood, adoption or affinity and who is not related to the decedent by blood or adoption or affinity. L.2004,c.132,s.58; amended 2005, c.160, s.8; 2005, c.331, s.6; 2023, c.238, s.3.
N.J. Stat. § 3B:31-76 — NJ Code / Title 3B / Chapter 31 / Section 31-76
Event affecting administration or distribution.
Status: in_force

3B:31-76. Event Affecting Administration or Distribution. If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. L.2015, c.276, s.1.
N.J. Stat. § 3B:13-24 — NJ Code / Title 3B / Chapter 13 / Section 13-24
Duties of public guardian as adviser of other guardians.
Status: in_force

3B:13-24. The public guardian of veterans who are incapacitated shall, in each county, assist, supervise, advise, and otherwise aid the duly appointed guardians of these veterans and give help as may be necessary in preparing and drawing papers and documents, and also help them to work in conjunction with the United States Department of Veterans Affairs, so that their wards may be fully protected. amended 2013, c.103, s.33.
N.J. Stat. § 3B:31-43 — NJ Code / Title 3B / Chapter 31 / Section 31-43
Revocation or amendment of revocable trust.
Status: in_force

3B:31-43. Revocation or Amendment of Revocable Trust. a. Unless the terms of a trust expressly provide that the trust is irrevocable, or that it is proved by clear and convincing evidence that the settlor intended for it to be irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this act. b. If a revocable trust is created or funded by more than one settlor: (1) to the extent the trust consists of community property, the trust may be revoked by either spouse or partner in a civil union acting alone but may be amended only by joint action of both spouses or partners; and (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution. c. The settlor may revoke or amend a revocable trust: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (a) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (b) any other writing manifesting clear and convincing evidence of the settlor's intent. d. Upon revocation of a revocable trust, the trustee shall deliver the trust property to the settlor as the settlor directs. e. A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power. f. A guardian of the property of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the guardianship. g. A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-36 — NJ Code / Title 3B / Chapter 31 / Section 31-36
Spendthrift provision.
Status: in_force

3B:31-36. Spendthrift Provision. a. A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. b. A term of the trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest. c. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. d. A spendthrift provision is valid even though a beneficiary is named as the sole trustee or as a co-trustee of the trust. e. A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment. L.2015, c.276, s.1.
N.J. Stat. § 3B:18-20 — NJ Code / Title 3B / Chapter 18 / Section 18-20
Corpus commissions taken annually subject to review
Status: in_force

Commissions taken as provided in N.J.S. 3B:18-17 shall be subject to review on intermediate and final accountings, and to the extent that aggregate commissions so taken exceed the commissions allowable under N.J.S. 3B:18-14 and N.J.S. 3B:18-15, they may be disallowed. L.1981, c. 405, s. 3B:18-20, eff. May 1, 1982.
N.J. Stat. § 3B:13-20 — NJ Code / Title 3B / Chapter 13 / Section 13-20
Fees
Status: in_force

The fees allowed by law shall be applicable to proceedings with respect to personal property received from sources other than the United States Government, and may be taxed by the clerk of the court. L.1981, c. 405, s. 3B:13-20, eff. May 1, 1982.
N.J. Stat. § 3B:23-39 — NJ Code / Title 3B / Chapter 23 / Section 23-39
Deposit with court; effect.
Status: in_force

3B:23-39. When a devise charged by will upon real estate is wholly or in part limited over: a. To minors, persons who are incapacitated, or persons not in esse; or b. To persons who cannot be ascertained until the happening of an event named in the will; or c. In a manner that the vesting of the devise may be contingent-- The Superior Court may, in a summary or other action by the executor, or a person interested in the real estate, direct the devise paid into court together with any additional sums as the court may deem reasonable to cover the expense of investing and taking charge of the devise. Upon payment into court, the real estate shall be wholly clear and discharged from the lien created by the will. amended 2013, c.103, s.53.
N.J. Stat. § 3B:19B-15 — NJ Code / Title 3B / Chapter 19B / Section 19B-15
Obligation to pay money
Status: in_force

15. Obligation to Pay Money. a. An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium. b. A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust shall be allocated to income. c. This section does not apply to an obligation to which section 17, 18, 19, 20, 22 or 23 of this act applies. L.2001,c.212,s.15.
N.J. Stat. § 3B:28-4 — NJ Code / Title 3B / Chapter 28 / Section 28-4
N.J.S. 3A:16-16 saved from repeal
Status: in_force

N.J.S. 3A:16-16 is saved from repeal. This section provides that the court may order real property sold by a fiduciary to be sold free from dower or curtesy. L.1981, c. 405, s. 3B:28-4, eff. May 1, 1982.
N.J. Stat. § 3B:14-13 — NJ Code / Title 3B / Chapter 14 / Section 14-13
Reinstatement of original fiduciary
Status: in_force

When the fiduciary or person named to act as fiduciary in whose place a substituted fiduciary is appointed ceases to be engaged in war service, he may apply to the court to be reinstated as fiduciary or may be appointed to act as fiduciary if any part of the estate, trust or fund remains unadministered and if any of the duties of the office of fiduciary remain unexecuted, except the duty to account. L.1981, c. 405, s. 3B:14-13, eff. May 1, 1982.
N.J. Stat. § 3B:13A-9 — NJ Code / Title 3B / Chapter 13A / Section 13A-9
Acceptance of appointment
Status: in_force

Before letters of conservatorship are issued, the conservator shall accept the appointment in accordance with the Rules Governing the Courts of the State of New Jersey. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3A:25-12 — NJ Code / Title 3A / Chapter 25 / Section 25-12
Distribution; when and how made.
Status: in_force

3A:25-12. When a portion of the proceeds of real estate sold by judgment of the Superior Court to satisfy debts of a decedent is invested for the benefit of the surviving spouse or domestic partner during his or her lifetime, the court directing the sale, shall, upon the death of the life beneficiary, order the portion so invested to be distributed to the heirs or devisees of the person whose real estate was so sold in accordance with the law of descent or the will of the testator, as the case may be, unless the amount realized from the sale of said real estate remaining after the investment of said portion for the benefit of the surviving spouse was insufficient to pay the debts of the decedent as proved and allowed in the proceedings in which said judgment to sell was made and, in such case, the court shall direct the payment of the balance of such debts out of said principal sum so invested, so far as it shall be adequate for that purpose, in pro rata shares according to the amount of such debts so proved and allowed and shall direct distribution of any balance of said principal sum, remaining after the payment of said debts and interest, among the said heirs and devisees as aforesaid. However, that if any creditor, his personal representative or successor in interest, neglects for six years after the death of such surviving spouse to claim any balance upon his claim so proved and allowed as aforesaid, the share of said principal sum which would have been paid to such creditor hereunder, shall be distributed, by order of the court, among the said heirs and devisees as aforesaid. L.1951, c.345; saved from repeal N.J.S. 3B:28-6; amended 1991, c.91, s.148; 2005, c.331, s.27.
N.J. Stat. § 3B:3-47 — NJ Code / Title 3B / Chapter 3 / Section 3-47
Penalty clause for contesting will
Status: in_force

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. L.1981, c. 405, s. 3B:3-47, eff. May 1, 1982.
N.J. Stat. § 3B:31-5 — NJ Code / Title 3B / Chapter 31 / Section 31-5
Default and mandatory rules.
Status: in_force

3B:31-5. Default and Mandatory Rules. a. Except as otherwise provided in the terms of the trust, this act governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. b. The terms of a trust prevail over any provision of this act except: (1) the requirements for creating a trust; (2) the duty of a trustee to act in good faith and in accordance with the purposes of the trust; (3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve; (4) the power of the court to modify or terminate a trust under N.J.S.3B:31-26 through N.J.S.3B:31-33; (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 4 of this act; (6) the power of the court under N.J.S.3B:31-47 to require, dispense with, or modify or terminate a bond; (7) the duty under subsections a. and b. of N.J.S.3B:31-67 to respond to the request of a qualified beneficiary of an irrevocable trust who has attained the age of 35 years for a copy of the trust instrument or for other information reasonably related to the administration of the trust; (8) the effect of an exculpatory term under N.J.S.3B:31-77; (9) the rights under N.J.S.3B:31-79 through N.J.S.3B:31-81 of a person other than a trustee or beneficiary; (10) periods of limitation for commencing a judicial proceeding; and (11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-83 — NJ Code / Title 3B / Chapter 31 / Section 31-83
Severability clause.
Status: in_force

3B:31-83. Severability Clause. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. L.2015, c.276, s.1.
N.J. Stat. § 3B:19B-24 — NJ Code / Title 3B / Chapter 19B / Section 19B-24
Disbursements from income
Status: in_force

24. Disbursements from Income. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which paragraph (1) or (2) of subsection b. of section 5 of this act applies: a. commissions allowed by law to a trustee on income receipts, if properly chargeable to the trust; b. one-half of the fees paid to banks and other financial institutions for custodial services to the fiduciary if properly chargeable to the trust; c. all of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest paid by the trustee, including interest on death taxes, regularly recurring taxes assessed against any portion of the principal, water rates, bond premiums, and the expenses, including court costs, attorneys' fees, and accountants' fees, of an accounting, judicial proceeding or other matter that concerns primarily the income interest, unless the court directs otherwise; and d. recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset. L.2001,c.212,s.24.
N.J. Stat. § 3B:13A-25 — NJ Code / Title 3B / Chapter 13A / Section 13A-25
Formal accounting
Status: in_force

A conservator shall settle his account in the Superior Court at intervals as the court may require, except that a conservator may settle his first account within 1 year after his appointment, or as soon thereafter as may be practicable. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:9-14 — NJ Code / Title 3B / Chapter 9 / Section 9-14
Federal law.
Status: in_force

79. The provisions of this chapter, as amended and supplemented by P.L.2004, c.132 (C.3B:3-33.1 et al.) are not intended to enlarge, limit, modify or otherwise affect the federal requirements for a qualified disclaimer under 26 U.S.C. section 2518 or 26 U.S.C. section 2046. L.2004,c.132,s.79.
N.J. Stat. § 3B:8-12 — NJ Code / Title 3B / Chapter 8 / Section 8-12
Filing complaint for elective share; extension of time.
Status: in_force

3B:8-12. Filing complaint for elective share; extension of time. The surviving spouse or domestic partner may elect to take his elective share in the augmented estate by filing a complaint in the Superior Court within 6 months after the appointment of a personal representative of the decedent's estate. The court may, before the time for election has expired and upon good cause shown by the surviving spouse or domestic partner, extend the time for election upon notice to persons interested in the estate and to distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Amended 2005, c.331, s.17.
N.J. Stat. § 3B:14-61.18 — NJ Code / Title 3B / Chapter 14 / Section 14-61.18
Relation to electronic signatures in global and national commerce act.
Status: in_force

18. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. s.7001(c), or authorize electronic delivery of any of the notices described in s.103(b) of that act, 15 U.S.C. s.7003(b). L.2017, c.237, s.18.
N.J. Stat. § 3B:3-11 — NJ Code / Title 3B / Chapter 3 / Section 3-11
Identifying devise of tangible personal property by separate writing.
Status: in_force

3B:3-11. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be either in the handwriting of the testator or be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. L.1981, c.405, s.3B:3-11, eff. May 1, 1982; amended 2004, c.132, s.14.
N.J. Stat. § 3B:19B-13 — NJ Code / Title 3B / Chapter 19B / Section 19B-13
Principal receipts
Status: in_force

13. Principal Receipts. A trustee shall allocate to principal: a. To the extent not allocated to income under this act, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest or a payer under a contract naming the trust or its trustee as beneficiary; b. Money or other property received from the sale, exchange, liquidation or change in form of a principal asset, including realized profit, subject to sections 10 through 23 of this act; c. Amounts recovered from third parties to reimburse the trust because of disbursements described in paragraph (9) of subsection a. of section 25 of this act or for other reasons to the extent not based on the loss of income; d. Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income; e. Net income received in an accounting period during which there is no beneficiary to whom a trustee may or shall distribute income; and f. Other receipts as provided in sections 17 through 23 of this act. L.2001,c.212,s.13.
N.J. Stat. § 3B:18-14 — NJ Code / Title 3B / Chapter 18 / Section 18-14
Corpus commissions.
Status: in_force

3B:18-14. Corpus commissions. Commissions on all corpus received by the fiduciary may be taken as follows: 5% on the first $200,000 of all corpus received by the fiduciary; 3.5% on the excess over $200,000 up to $1,000,000; 2% on the excess over $1,000,000; and 1% of all corpus for each additional fiduciary provided that no one fiduciary shall be entitled to any greater commission than that which would be allowed if there were but one fiduciary involved. Such commissions may be reduced by the court having jurisdiction over the estate only upon application by a beneficiary adversely affected upon an affirmative showing that the services rendered were materially deficient or that the actual pains, trouble and risk of the fiduciary in settling the estate were substantially less than generally required for estates of comparable size. Amended 1983, c.394, s.1; 2000, c.29, s.1.
N.J. Stat. § 3B:30-3 — NJ Code / Title 3B / Chapter 30 / Section 30-3
Individuals, multiple owners, registration of a security.
Status: in_force

3. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship for, and not as tenants in common. L.1995,c.130,s.3.
N.J. Stat. § 3B:12B-12 — NJ Code / Title 3B / Chapter 12B / Section 12B-12
Exclusive and continuing jurisdiction.
Status: in_force

12. Exclusive and continuing jurisdiction. Except as otherwise provided in section 11 of P.L.2012, c.36 (C.3B:12B-11), a court that has appointed a guardian or issued a protective order consistent with P.L.2012, c.36 (C.3B:12B-1 et al.) has exclusive and continuing jurisdiction over the proceeding until the proceeding is terminated by the court, or the appointment or order expires by its own terms. L.2012, c.36, s.12.
N.J. Stat. § 3B:14-61.10 — NJ Code / Title 3B / Chapter 14 / Section 14-61.10
Disclosure of other digital assets of principal.
Status: in_force

10. Disclosure of Other Digital Assets of Principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: a. a written request for disclosure in physical or electronic form; b. an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf 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.10.
N.J. Stat. § 3B:23-8 — NJ Code / Title 3B / Chapter 23 / Section 23-8
Partition for purpose of distribution
Status: in_force

When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may institute an action, prior to the formal or informal closing of the estate, for partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party. L.1981, c. 405, s. 3B:23-8, eff. May 1, 1982.
N.J. Stat. § 3B:12B-4 — NJ Code / Title 3B / Chapter 12B / Section 12B-4
International application of the act.
Status: in_force

4. International application of the act. A court of this State may treat a foreign country as if it were a state for the purpose of applying all sections of P.L.2012, c.36 (C.32B:12B-1 et al.) except for sections 19 and 20 of P.L.2012, c.36 (C.3B:12B-19 and C.3B:12B-20) pertaining to registration. L.2012, c.36, s.4.
N.J. Stat. § 3B:22-31 — NJ Code / Title 3B / Chapter 22 / Section 22-31
Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee
Status: in_force

After the State Treasurer has made payment to any person or persons in accordance with the declaratory judgment, as provided in N.J.S. 3B:22-30, no recovery may be had against the State Treasurer by any other person who may thereafter establish in any court proceeding his contrary interest in the surplus or the property from the sale of which the surplus arose. However, any other person who may thereafter establish in any court proceeding his contrary interest therein shall, as to the portion of the surplus remaining in the State Treasurer's hands, be entitled to his proportionate share thereof and, in addition thereto, may bring an action at law against the persons to whom distribution has been made by the State Treasurer, to recover his proportionate share of that portion of the surplus so distributed by the State Treasurer. L.1981, c. 405, s. 3B:22-31, eff. May 1, 1982.
N.J. Stat. § 3B:8-4 — NJ Code / Title 3B / Chapter 8 / Section 8-4
Valuing property transferred
Status: in_force

Property transferred in the manner set forth in N.J.S. 3B:8-3 is valued as of the decedent's death except that property given irrevocably to a donee during the lifetime of the decedent is valued as of the date the donee came into possession or enjoyment of the property if that occurs first. L.1981, c. 405, s. 3B:8-4, eff. May 1, 1982.
N.J. Stat. § 3B:18-13 — NJ Code / Title 3B / Chapter 18 / Section 18-13
Income commissions
Status: in_force

Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary. For the purposes of this section, income which is withheld from payment to a fiduciary or fiduciaries pursuant to any law of this State, or of the United States, or any other state, country or sovereignty, or of any political subdivision or governmental unit of any of the foregoing, requiring the withholding for income tax or other tax purposes, shall be deemed to be income received by the fiduciary, and shall be subject to income commissions as provided in this section in the same manner as if actually received by the fiduciary. L.1981, c. 405, s. 3B:18-13, eff. May 1, 1982.
N.J. Stat. § 3B:13-10 — NJ Code / Title 3B / Chapter 13 / Section 13-10
Filing account with Federal agency
Status: in_force

Each year when not required to render an account to the court, the guardian shall render an account to the regional office of the Veterans' Administration on forms to be supplied by the Federal agency. L.1981, c. 405, s. 3B:13-10, eff. May 1, 1982.
N.J. Stat. § 3B:3-14 — NJ Code / Title 3B / Chapter 3 / Section 3-14
Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
Status: in_force

3B:3-14. Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse. a. Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce or annulment, a divorce or annulment: (1) revokes any revocable: (a) dispositions or appointment of property made by a divorced individual to his former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse; (b) provision in a governing instrument conferring a general or special power of appointment on the divorced individual's former spouse, or on a relative of the divorced individual's former spouse; and (c) nomination in a governing instrument of a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary or representative capacity; and (2) severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as tenants by the entireties, transforming the interests of the former spouses into tenancies in common. In the event of a divorce or annulment, provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment. If provisions are revoked solely by this section, they are revived by the divorced individual's remarriage to the former spouse or by the revocation, suspension or nullification of the divorce or annulment. No change of circumstances other than as described in this section and in N.J.S.3B:7-1 effects a revocation or severance. A severance under paragraph (2) of subsection a. does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouse unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership. b. For purposes of this section: (1) "divorce or annulment" means any divorce or annulment, or other dissolution or declaration of invalidity of a marriage including a judgment of divorce from bed and board; (2) "governing instrument" means a governing instrument executed by the divorced individual before the divorce or annulment; (3) "divorced individual "includes an individual whose marriage has been annulled; and (4) "relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption or affinity. c. This section does not affect the rights of any person who purchases property from a former spouse for value and without notice, or receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, which the former spouse was not entitled to under this section, but the former spouse is liable for the amount of the proceeds or the value of the property to the person who is entitled to it under this section. d. A payor or other third party making payment or transferring an item of property or other benefit according to the terms of a governing instrument affected by a divorce or annulment is not liable by reason of this section unless prior to such payment or transfer it has received at its home or principal address written notice of a claimed revocation, severance or forfeiture under this section. L.1981, c.405, s.3B:3-14, eff. May 1, 1982; amended 2004, c.132, s.17; 2005, c.160, s.4.
N.J. Stat. § 3B:14-28 — NJ Code / Title 3B / Chapter 14 / Section 14-28
Filing proof of domiciliary foreign fiduciary's authority
Status: in_force

If letters have not issued in this State or an action therefor is not pending in this State, a domiciliary foreign fiduciary or any other person may file in the office of the Clerk of the Superior Court, or if the decedent, ward, or trust has an interest in real estate in any county of this State, then either in that office or in the office of the surrogate of that county, authenticated copies of the letters of appointment of the fiduciary and of any official bond he has given. L.1981, c. 405, s. 3B:14-28, eff. May 1, 1982.
N.J. Stat. § 3B:5-12 — NJ Code / Title 3B / Chapter 5 / Section 5-12
Aliens not disqualified; individuals related to decedent through two lines.
Status: in_force

3B:5-12. a. An individual is not disqualified to take as an heir because he or an individual through whom he claims is or has been an alien. b. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. Amended 2004, c.132, s.54.
N.J. Stat. § 3B:28-9 — NJ Code / Title 3B / Chapter 28 / Section 28-9
N.J.S. 3A:36-1 saved from repeal
Status: in_force

N.J.S. 3A:36-1 is saved from repeal. This section provides that a widow or widower may recover damages when it is necessary to institute an action to have dower or curtesy assigned or whose right is unfairly assigned. L.1981, c. 405, s. 3B:28-9, eff. May 1, 1982.
N.J. Stat. § 3B:3-5 — NJ Code / Title 3B / Chapter 3 / Section 3-5
Making will self-proved subsequent to time of execution.
Status: in_force

3B:3-5. A will executed in compliance with N.J.S.3B:3-2 may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized pursuant to R.S.46:14-6.1 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, attached or annexed to the will in substantially the following form: The State of County of We, , and , the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that he executed it as the testator's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. Testator Witness Witness Subscribed, sworn to and acknowledged before me by , the testator, and subscribed and sworn to before me by and , witnesses, this day of . (Signed) (Official capacity of officer) L.1981, c.405, s.3B:3-5, eff. May 1, 1982; amended 2004, c.132, s.12.
N.J. Stat. § 3B:3-41 — NJ Code / Title 3B / Chapter 3 / Section 3-41
Issue and descendants to take by representation.
Status: in_force

3B:3-41. Issue and descendants to take by representation. Where under any governing instrument provision is made for the benefit of issue and descendants and no contrary intention is expressed, the issue or descendants shall take by representation. L.1981, c.405, s.3B:3-41, eff. May 1, 1982; amended 2004, c.132, s.34; 2005, c.160, s.6.
N.J. Stat. § 3B:20-8 — NJ Code / Title 3B / Chapter 20 / Section 20-8
Protection afforded fiduciary continuing investments under court order
Status: in_force

3B:20-8. Protection afforded fiduciary continuing investments under court order. A fiduciary shall not be held accountable for any loss by reason of continuing to hold the trust assets in accordance with an order pursuant to N.J.S.3B:20-7. Amended 1997, c.26, s.15.
N.J. Stat. § 3B:3-2 — NJ Code / Title 3B / Chapter 3 / Section 3-2
Execution; witnessed wills; writings intended as wills.
Status: in_force

3B:3-2. Execution; witnessed wills; writings intended as wills. a. Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be: (1) in writing; (2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and at the testator's direction; and (3) signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will. b. A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. c. Intent that the document constitutes the testator's will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator's handwriting. L.1981, c.405, s.3B:3-2, eff. May 1, 1982; amended 2004, c.132, s.9; 2005, c.160, s.2.
N.J. Stat. § 3B:5-6 — NJ Code / Title 3B / Chapter 5 / Section 5-6
Determining representation.
Status: in_force

3B:5-6. a. As used in this section: (1) "Deceased descendant," "deceased parent," or "deceased grandparent" means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under N.J.S.3B:5-1. (2) "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under N.J.S.3B:5-1. b. If, under N.J.S.3B:5-4, a decedent's intestate estate or part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are: (1) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and (2) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. c. If, under section c. or d. of N.J.S.3B:5-4, a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are: (1) surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and (2) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share, and their surviving descendants had predeceased the decedent. L.1981, c.405, s.3B:5-6, eff. May 1, 1982; amended 2004, c.132, s.49.
N.J. Stat. § 3B:12-66.2 — NJ Code / Title 3B / Chapter 12 / Section 12-66.2
Transfer into New Jersey of guardianship established in another state.
Status: in_force

49. Transfer into New Jersey of Guardianship Established in Another State. a. A guardian or like fiduciary of a minor appointed in another state may file a summary action in the Superior Court for the transfer of the guardianship and the appointment as a guardian in this State if domicile in this State is or will be established. b. Notice of hearing shall be given to the minor and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian under the New Jersey Rules of Court were applicable. c. The Superior Court shall grant an application for the transfer of a guardianship established in another state unless the court determines that the proposed guardianship is a collateral attack on an existing or proposed guardianship or the transfer and appointment would not be in the best interest of the minor. d. An exemplified record of a court of competent jurisdiction evidencing the original proceeding adjudicating the minor's incapacity and any amendment or modification orders entered subsequent to the original judgment shall be filed with the Superior Court. Subject to due process principles, full faith and credit may be accorded to a court of another state's determination of the minor's incapacity. The Superior Court may fix the rights, powers, and duties of the guardian that the court determines are necessary to administer the minor's person or estate, or both person and estate, in this State. e. The guardian shall give notice of the application to transfer guardianship to the court of the other state. L.2005, c.304, s.49; amended 2012, c.36, s.23.
N.J. Stat. § 3B:10-24 — NJ Code / Title 3B / Chapter 10 / Section 10-24
Liability for acts of administration or distribution
Status: in_force

A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending proceeding to probate a will or to determine heirs, a proceeding to vacate an order entered in an earlier proceeding to probate a will, a formal proceeding questioning his appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants and others interested in the estate. L.1981, c. 405, s. 3B:10-24, eff. May 1, 1982.
N.J. Stat. § 3B:19B-5 — NJ Code / Title 3B / Chapter 19B / Section 19B-5
Determination and distribution of net income
Status: in_force

5. Determination and Distribution of Net Income. After a decedent dies, in the case of an estate or after an income interest in a trust ends, the following rules apply: a. A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically devised to a beneficiary under the rules in sections 7 through 28 of this act which apply to trustees and the rules in subsection e. of this section. The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property. b. A fiduciary shall determine the remaining net income of a decedent's estate or a terminating income interest under the rules in sections 7 through 28 of this act which apply to trustees and by: (1) including in net income all income from property used to discharge liabilities; and (2) paying from principal all disbursements made or incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, expenses of administration, including fees of attorneys, accountants and fiduciaries, court costs, debts, funeral expenses, disposition of remains, family allowances and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust or applicable law. c. A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright the interest or any other amount provided by the will, the terms of the trust or applicable law from net income determined under subsection b. of this section or from principal to the extent that net income is insufficient. If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will. d. A fiduciary shall distribute the net income remaining after distributions required by subsection c. of this section in the manner described in section 6 of this act to all other beneficiaries, excluding a beneficiary who receives a pecuniary amount outright or in trust. e. A fiduciary shall not reduce principal or income receipts from property described in subsection a. of this section because of a payment described in section 24 or 25 of this act to the extent that the will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on or after the date of a decedent's death or an income interest's terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed. L.2001,c.212,s.5.
N.J. Stat. § 3B:12-53 — NJ Code / Title 3B / Chapter 12 / Section 12-53
Powers and duties of a guardian of the estate of an unmarried minor as guardian of the minor's person
Status: in_force

A guardian of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of the person of a minor described in this article until the minor attains the age of 18 or marries, but the parental rights so conferred on a guardian of an estate do not preclude appointment of a guardian of the person. L.1981, c. 405, s. 3B:12-53, eff. May 1, 1982.
N.J. Stat. § 3B:15-27 — NJ Code / Title 3B / Chapter 15 / Section 15-27
Presentation of claims
Status: in_force

Debts, claims and demands ordered to be brought in, pursuant to this article, shall be presented by the respective claimants in writing, verified by oath, setting forth the amount and particulars thereof, or they shall be of no effect. L.1981, c. 405, s. 3B:15-27, eff. May 1, 1982.
N.J. Stat. § 3B:19B-6 — NJ Code / Title 3B / Chapter 19B / Section 19B-6
Distribution to residuary and remainder beneficiaries
Status: in_force

6. Distribution to Residuary and Remainder Beneficiaries. a. Each beneficiary described in subsection d. of section 5 of this act is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date. b. In determining a beneficiary's share of net income, the following rules apply: (1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations. (2) The beneficiary's fractional interest in the undistributed principal assets shall be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust. (3) The beneficiary's fractional interest in the undistributed principal assets shall be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation. (4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed. c. If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income. d. A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. L.2001,c.212,s.6.
N.J. Stat. § 3B:31-23 — NJ Code / Title 3B / Chapter 31 / Section 31-23
Creation of trust induced by fraud, duress, or undue influence.
Status: in_force

3B:31-23. Creation of Trust Induced by Fraud, Duress, or Undue Influence. A trust is void to the extent its creation was induced by fraud, duress, or undue influence. L.2015, c.276, s.1.
N.J. Stat. § 3B:22-29 — NJ Code / Title 3B / Chapter 22 / Section 22-29
Accounting; surplus from sale payable to State Treasurer
Status: in_force

After accounting duly made by the personal representative and after the payment of debts and just expenses, fees and commissions of every sort, if no heirs at law of the decedent, to whom distribution may be made pursuant to the provisions of law, have made claim to any surplus remaining from the sale, the court shall order the surplus to be paid over to the State Treasurer. Upon receiving the State Treasurer's receipt therefor, the personal representative shall have no further obligation with respect to the surplus. L.1981, c. 405, s. 3B:22-29, eff. May 1, 1982.
N.J. Stat. § 3B:12-56 — NJ Code / Title 3B / Chapter 12 / Section 12-56
Powers, rights and duties of a guardian of the person of a ward generally.
Status: in_force

3B:12-56. Powers, rights and duties of a guardian of the person of a ward generally. a. A guardian of the person of a ward is not legally obligated to provide for the ward from his own funds. b. A guardian of the person of a ward is not liable to a third person for acts of the ward solely by reason of the relationship and is not liable for injury to the ward resulting from the wrongful conduct of a third person providing medical or other care, treatment or service for the ward except to the extent that the guardian of the ward failed to exercise reasonable care in choosing the provider. c. If a ward has previously executed a valid power of attorney for health care or advance directive under P.L.1991, c.201 (C.26:2H-53 et seq.), or revocation pursuant to section 5 of P.L.1991, c.201 (C.26:2H-57), a guardian of the ward shall act consistent with the terms of such document unless revoked or altered by the court. d. To the extent specifically ordered by the court for good cause shown, the guardian of the person of the ward may initiate the voluntary admission, as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), of a ward to a State psychiatric facility, as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), or a private psychiatric facility. A ward so admitted shall be entitled to all of the rights of a voluntarily admitted patient, which rights shall be exercised on behalf of the ward by the guardian. The guardian of the ward shall exercise the ward's rights in a manner consistent with the wishes of the ward except to the extent that compliance with those wishes would create a significant risk to the health or safety of the ward. If the wishes of the ward are not ascertainable with reasonable efforts, the guardian of the ward shall exercise the ward's rights in a manner consistent with the best interests of the ward. Notwithstanding the provisions of this section to the contrary, if the ward objects to the initiation of voluntary admission for psychiatric treatment or to the continuation of that voluntary admission, the State's procedures for involuntary commitment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.) shall apply. If the ward objects to any other decision of the guardian of the ward pursuant to this section, this objection shall be brought to the attention of the Superior Court, Chancery Division, Probate Part, which may, in its discretion, appoint an attorney or guardian ad litem for the ward, hold a hearing or enter such orders as may be appropriate in the circumstances. Amended 2005, c.304, s.38.
N.J. Stat. § 3B:17-10 — NJ Code / Title 3B / Chapter 17 / Section 17-10
Settling accounts in the Superior Court
Status: in_force

A nontestamentary trustee shall have the right, in addition to and not in limitation of any other remedy now or hereafter provided, from time to time to settle his intermediate and final accounts in the Superior Court. L.1981, c. 405, s. 3B:17-10, eff. May 1, 1982.
N.J. Stat. § 3B:23-28 — NJ Code / Title 3B / Chapter 23 / Section 23-28
Bonds required of holders of determinable interests; in general
Status: in_force

A personal representative shall not be compelled to pay or deliver personal property devised for life, for a term of years or for any other limited period, or upon a condition or any contingency, to the holder of the determinable interest, until security is given to the court in a sum and form as the court may deem sufficient to secure the remainder interest, whenever it shall accrue or vest in possession. L.1981, c. 405, s. 3B:23-28, eff. May 1, 1982.
N.J. Stat. § 3B:31-4 — NJ Code / Title 3B / Chapter 31 / Section 31-4
Knowledge.
Status: in_force

3B:31-4. Knowledge. a. Subject to subsection b. of this section, a person has knowledge of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know it. b. An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information. L.2015, c.276, s.1.
N.J. Stat. § 3B:23-42 — NJ Code / Title 3B / Chapter 23 / Section 23-42
Distribution of nonresident decedent's estate
Status: in_force

The estate of a nonresident decedent being administered by a personal representative appointed in this State shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless: a. By virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this State without reference to the local law of the decedent's domicile; or b. The personal representative of this State, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative. In other cases, distribution of the estate of a decedent shall be made in accordance with the law. L.1981, c. 405, s. 3B:23-42, eff. May 1, 1982.
N.J. Stat. § 3B:12-10 — NJ Code / Title 3B / Chapter 12 / Section 12-10
Persons paying money or delivering property not liable for application
Status: in_force

Persons who pay or deliver in accordance with provisions of this article are not responsible for the proper application thereof. L.1981, c. 405, s. 3B:12-10, eff. May 1, 1982.
N.J. Stat. § 3B:15-15 — NJ Code / Title 3B / Chapter 15 / Section 15-15
Depository to issue duplicate deposit certificates
Status: in_force

A depository receiving a deposit pursuant to N.J.S. 3B:15-11 shall issue a certificate in duplicate and deliver one certificate to the clerk of the court authorizing the deposit and the other to the fiduciary. The certificates shall set forth the amount and nature of the securities, or amount of money, deposited. L.1981, c. 405, s. 3B:15-15, eff. May 1, 1982.
N.J. Stat. § 3B:3-42 — NJ Code / Title 3B / Chapter 3 / Section 3-42
Increase in securities, accessions.
Status: in_force

3B:3-42. a. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types: (1) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options; (2) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or (3) securities of the same organization acquired as a result of a plan of reinvestment. b. Distributions in cash declared and payable as of a record date before death with respect to a described security, whether paid before or after death, are not part of the devise. L.1981, c.405, s.3B:3-42, eff. May 1, 1982; amended 2004, c.132, s.35.
N.J. Stat. § 3B:15-13 — NJ Code / Title 3B / Chapter 15 / Section 15-13
How deposits made and withdrawn
Status: in_force

Deposits authorized under N.J.S. 3B:15-11 shall be made in the name of the fiduciary and shall be withdrawn from the custody of the depository only upon the direction of the court which authorized the deposit and no part of the principal of securities so deposited shall be received or collected by the fiduciary without a like direction. L.1981, c. 405, s. 3B:15-13, eff. May 1, 1982.
N.J. Stat. § 3B:13A-30 — NJ Code / Title 3B / Chapter 13A / Section 13A-30
Asserting claims against estate
Status: in_force

Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from control of the estate, or on any act or omission committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:5-3 — NJ Code / Title 3B / Chapter 5 / Section 5-3
Intestate share of decedent's surviving spouse, partner in a civil union, domestic partner.
Status: in_force

3B:5-3. Intestate share of decedent's surviving spouse, partner in a civil union, or domestic partner. The intestate share of the surviving spouse, partner in a civil union, or domestic partner is: a. The entire intestate estate if: (1) No descendant or parent of the decedent survives the decedent; or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and there is no other descendant of the surviving spouse or domestic partner, partner in a civil union, who survives the decedent; b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate: (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and the surviving spouse, partner in a civil union, or domestic partner has one or more surviving descendants who are not descendants of the decedent; or (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse, partner in a civil union, or domestic partner. d. For purposes of this section: "Surviving spouse, partner in a civil union, or domestic partner" shall not include: (1) an individual who has filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, or against whom a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, has been filed for: divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or (2) an individual who has entered into a validly executed equitable distribution cut-off agreement or termination agreement where the underlying subject matter of the complaint or equitable distribution cut-off agreement or termination agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or (3) an individual who at the time of death of the decedent had: (a) ceased to cohabit with the decedent under circumstances which would have given rise to a cause of action for divorce or nullity of marriage to a decedent prior to his or her death under the laws of this State; and (b) where, through written agreement, affirmative acts, or both written agreement and affirmative acts of the individual and decedent there had been a division of assets equivalent to equitable distribution; or (4) an individual who, at the time of death of the deceased, had entered into a validly executed marital settlement agreement with the decedent where the underlying subject matter of the marital settlement agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board. L.1981, c.405, s.3B:5-3, eff. May 1, 1982; amended 2004, c.132, s.46; 2005, c.331, s.2; 2023, c.238, s.1.
N.J. Stat. § 3B:13A-13 — NJ Code / Title 3B / Chapter 13A / Section 13A-13
Bond
Status: in_force

The court may, upon appointing a conservator in order to secure the faithful performance of the duties of his office, require him to furnish bond to the Superior Court in a sum and with proper conditions and sureties having due regard to the value of the estate in his charge and the extent of his authority, as the court shall approve. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:7-5 — NJ Code / Title 3B / Chapter 7 / Section 7-5
Other acquisitions of property by decedent's killer.
Status: in_force

3B:7-5. Any other acquisition of property or interest by the decedent's killer or by a relative of the killer not covered by this chapter shall be treated in accordance with the principle that a killer or a relative of a killer cannot profit from the killer's wrongdoing. Amended 2004, c.132, s.60.
N.J. Stat. § 3B:15-22 — NJ Code / Title 3B / Chapter 15 / Section 15-22
Discharge of fiduciary from liability on bond without surety
Status: in_force

Whenever a fiduciary which is a bank, trust company, savings bank or national bank, has heretofore given or hereafter gives a bond without surety and it shall appear to the satisfaction of the court, that the person entitled to take the assets of the estate or trust administered by the fiduciary has received the estate or trust, and has by release or other instrument released the fiduciary from liability, the court, with notice or without notice if it be so directed, may cancel the bond given by the fiduciary and discharge it from all liability on the bond. L.1981, c. 405, s. 3B:15-22, eff. May 1, 1982.
N.J. Stat. § 3B:19B-28 — NJ Code / Title 3B / Chapter 19B / Section 19B-28
Income taxes
Status: in_force

28. Income Taxes. a. A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. b. A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority. c. A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid proportionately: (1) from income to the extent that receipts from the entity are allocated to income; and (2) from principal to the extent that: (a) receipts from the entity are allocated to principal; and (b) the trust's share of the entity's taxable income exceeds the total receipts described in paragraph (1) and subparagraph (a) of this paragraph (2). d. For purposes of this section, receipts allocated to principal or income shall be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax. L.2001,c.212,s.28.
N.J. Stat. § 3B:4-1 — NJ Code / Title 3B / Chapter 4 / Section 4-1
Short title
Status: in_force

This chapter shall be known and may be cited as the "New Jersey Testamentary Additions to Trusts Law." L.1981, c. 405, s. 3B:4-1, eff. May 1, 1982.
N.J. Stat. § 3B:22-10 — NJ Code / Title 3B / Chapter 22 / Section 22-10
Presentation of claim
Status: in_force

Where the assets of an estate exceed the amount needed to pay claims presented within the time limited pursuant to N.J.S. 3B:22-4, a claimant, who has failed to present his claim within the time so limited, may present the claim, in the form required by that section, to the personal representative at any time before the remaining assets of the estate shall have been distributed or paid over pursuant to law. L.1981, c. 405, s. 3B:22-10, eff. May 1, 1982.
N.J. Stat. § 3B:23-14 — NJ Code / Title 3B / Chapter 23 / Section 23-14
Where will expresses order of abatement
Status: in_force

If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in N.J.S. 3B:23-12, shares of the distributees abate as may be found necessary to give effect to the intention of the testator. L.1981, c. 405, s. 3B:23-14, eff. May 1, 1982.
N.J. Stat. § 3B:12-71 — NJ Code / Title 3B / Chapter 12 / Section 12-71
Applicability
Status: in_force

5. The provisions of N.J.S.3B:12-1 et seq. shall apply to a standby guardian except as otherwise provided in this act. L.1995,c.76,s.5.
N.J. Stat. § 3B:19B-10 — NJ Code / Title 3B / Chapter 19B / Section 19B-10
Character of receipts
Status: in_force

10. Character of Receipts. a. As used in this section, "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund or any other organization in which a trustee has an interest other than a trust or estate to which section 11 of this act applies, a business or activity to which section 12 of this act applies or an asset-backed security to which section 23 of this act applies. b. Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity. c. A trustee shall allocate the following receipts from an entity to principal: (1) property other than money; (2) money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity; (3) money received in total or partial liquidation of the entity; and (4) money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes. d. Money is received in partial liquidation: (1) to the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or (2) if the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt. e. Money is not received in partial liquidation, nor may it be taken into account under paragraph (2) of subsection d. of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money. f. A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors. L.2001,c.212,s.10.
N.J. Stat. § 3B:18-23 — NJ Code / Title 3B / Chapter 18 / Section 18-23
"Fiduciary" defined
Status: in_force

As used in this article "fiduciary" means a trustee acting under a will, a nontestamentary trustee as defined in N.J.S. 3B:17-9 or a guardian. L. 1981, c. 405, s. 3B:18-23, eff. May 1, 1982. Amended by L. 1985, c. 434, s. 1, eff. Jan. 13, 1986.
N.J. Stat. § 3B:3-20 — NJ Code / Title 3B / Chapter 3 / Section 3-20
Probate of a will of testator who died in military service or within 2 years of discharge.
Status: in_force

N.J.S.3B:3-20. When a resident of this State dies while a member of the armed forces of the United States or within 2 years from the date of his discharge from the armed forces and no witness to his will is available in this State to prove the will, either because of death, incapacity, nonresidence, absence, or for any other reason, the will shall be admitted to probate upon proof of the signature of the testator by any two individuals, provided the will was validly executed as provided in N.J.S.3B:3-9, and the will would have been admitted to probate if the witnesses were dead. L.1981, c.405, s.3B:3-20, eff. May 1, 1982; amended 2004, c.132, s.21.
N.J. Stat. § 3B:12-43 — NJ Code / Title 3B / Chapter 12 / Section 12-43
Expenditures to be made by guardian out of ward's estate.
Status: in_force

3B:12-43. Expenditures to be made by guardian out of ward's estate. A guardian of the estate of a minor or incapacitated person may expend or distribute so much or all of the income or principal of his ward for the support, maintenance, education, general use and benefit of the ward and his dependents, in the manner, at the time or times and to the extent that the guardian, in an exercise of a reasonable discretion, deems suitable and proper, taking into account the requirements of the "Prudent Investor Act," P.L.1997, c.36 (C.3B:20-11.1 et seq.), with or without court order, with due regard to the duty and ability of any person to support or provide for the ward if the ward is a minor, and without due regard to the duty and ability of any person to support or provide for the ward if the ward is an incapacitated person, and with or without regard to any other funds, income or property which may be available for that purpose. Amended 2005, c.304, s.30.
N.J. Stat. § 3B:1-3 — NJ Code / Title 3B / Chapter 1 / Section 1-3
Devolution of property upon death.
Status: in_force

3B:1-3. Upon the death of an individual, his real and personal property devolves to the persons to whom it is devised by his will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to rights of creditors and to administration. L.1981, c.405, s.3B:1-3, eff. May 1, 1982; amended 2004, c.132, s.3.
N.J. Stat. § 3B:14-43 — NJ Code / Title 3B / Chapter 14 / Section 14-43
Adjudication binding on local fiduciary
Status: in_force

An adjudication rendered in any jurisdiction in favor of or against any fiduciary of the estate is as binding on the local fiduciary upon notice to him as if he were a party to the adjudication. L.1981, c. 405, s. 3B:14-43, eff. May 1, 1982.
N.J. Stat. § 3B:10-18 — NJ Code / Title 3B / Chapter 10 / Section 10-18
When appointment unnecessary
Status: in_force

The appointment of a substituted administrator shall not be required if the unadministered assets of the intestate or testator consist of money on deposit in a bank, trust company or savings and loan association not exceeding $1,000.00, in which event it shall be lawful for the Superior Court, in an action brought by any party in interest, to authorize the bank, trust company or savings and loan association to distribute to the persons entitled by law to receive the assets. Payments made pursuant to the authority of this section shall release the bank, trust company or savings and loan association from any claim of, or liability to, any person interested in the estate. L.1981, c. 405, s. 3B:10-18, eff. May 1, 1982.
N.J. Stat. § 3B:17-4 — NJ Code / Title 3B / Chapter 17 / Section 17-4
Account and bond required of cofiduciary
Status: in_force

Upon good cause shown, the Superior Court may order each cofiduciary to account for all assets which may have come into his hands. The Superior Court may also require a fiduciary to give bond, in a sum and with sureties to be approved by the court, to each of his cofiduciaries to indemnify them against loss due to his neglect, default or breach of trust or to give a like bond to the Superior Court, conditioned for the faithful performance of his duties as a fiduciary and the proper disposition of all assets then in, or thereafter to come into, his hands. L.1981, c. 405, s. 3B:17-4, eff. May 1, 1982.
N.J. Stat. § 3B:31-29 — NJ Code / Title 3B / Chapter 31 / Section 31-29
Modification or termination of charitable trust (Cy Pres).
Status: in_force

3B:31-29. Modification or Termination of Charitable Trust (Cy Pres). a. Except as otherwise provided in subsection b. of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's estate; and (3) the court may modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. b. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection a. of this section. L.2015, c.276, s.1.
N.J. Stat. § 3B:3-34 — NJ Code / Title 3B / Chapter 3 / Section 3-34
Will construed to pass all property of testator including after-acquired property.
Status: in_force

3B:3-34. Unless a will expressly provides otherwise, it is construed to pass all property the testator owns at death including property acquired after the execution of the will, and all property acquired by the estate after the testator's death. L.1981, c.405, s.3B:3-34, eff. May 1, 1982; amended 2004, c.132, s.30.
N.J. Stat. § 3B:8-18 — NJ Code / Title 3B / Chapter 8 / Section 8-18
Satisfaction of elective share.
Status: in_force

3B:8-18. Satisfaction of elective share. The amount of the surviving spouse's or domestic partner's elective share shall be satisfied by applying: a. The value of all property, estate or interest therein, owned by the surviving spouse or domestic partner in his own right at the time of the decedent's death from whatever source acquired, or succeeded to by the surviving spouse or domestic partner as a result of decedent's death notwithstanding that the property, estate or interest or part thereof, succeeded to by the surviving spouse or domestic partner as the result of decedent's death has been renounced by the surviving spouse or domestic partner; b. The value of the property described in subsection b. of N.J.S. 3B:8-6, and c. The remaining property of the augmented estate is so applied that liability for the balance of the elective share of the surviving spouse or domestic partner is equitably apportioned among the recipients of the augmented estate in proportion to the value of their interests therein. Amended 2005, c.331, s.21.
N.J. Stat. § 3B:12-15 — NJ Code / Title 3B / Chapter 12 / Section 12-15
Appointment of testamentary guardian by surviving parent.
Status: in_force

3B:12-15. Appointment of testamentary guardian by surviving parent. If no guardian has been appointed pursuant to N.J.S.3B:12-13 and N.J.S.3B:12-14, or if the surviving parent was so appointed, the surviving 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 surviving parent. Amended 2005, c.304, s.9.
N.J. Stat. § 3B:28-6 — NJ Code / Title 3B / Chapter 28 / Section 28-6
N.J.S. 3A:25-12 saved from repeal
Status: in_force

N.J.S. 3A:25-12 is saved from repeal. This section provides for the manner in which the proceeds of the sale of real property sold by judgment of the court and which have been invested during the lifetime of a surviving spouse shall be distributed after the death of the surviving spouse. L.1981, c. 405, s. 3B:28-6, eff. May 1, 1982.
N.J. Stat. § 3B:21-1 — NJ Code / Title 3B / Chapter 21 / Section 21-1
Removal of property from the State
Status: in_force

When a ward or a cestui que trust, or all the cestuis que trustent in esse, is or, all of them, are nonresidents of this State and is or are entitled to personal or real property in this State and the guardian or trustee received his letters from, or is subject to the jurisdiction of, a court of another state or country, the Superior Court may authorize the guardian or trustee, if it is in the interest of the persons in interest, to demand, collect, sue for, receive and remove from this State all or any part of the personal property and the rents, issues and profits of the real property, or authorize the personal property, and the rents, issues and profits of the real property to be transferred to the custody of the proper court of that state, jurisdiction or country. L.1981, c. 405, s. 3B:21-1, eff. May 1, 1982.
N.J. Stat. § 3B:13A-1 — NJ Code / Title 3B / Chapter 13A / Section 13A-1
Definitions.
Status: in_force

a. "Conservatee" means a person who has not been adjudicated incapacitated but who by reason of advanced age, illness, or physical infirmity, is unable to care for or manage property or has become unable to provide self-support or support for others who depend upon that support. b. "Conservator" means a person appointed by the court to manage the estate of a conservatee. amended 2013, c.103, s.40.
N.J. Stat. § 3B:25-1 — NJ Code / Title 3B / Chapter 25 / Section 25-1
Nonexoneration of property subject to mortgage or security interest; exception.
Status: in_force

3B:25-1. Nonexoneration of property subject to mortgage or security interest; exception. When property subject to a mortgage or security interest descends to an heir or passes to a devisee, the heir or devisee shall not be entitled to have the mortgage or security interest discharged out of any other property of the ancestor or testator, but the property so descending or passing to the person shall be primarily liable for the mortgage or secured debt, unless the will of the testator shall direct that the mortgage or security interest be otherwise paid. A general direction in the will to pay debts shall not be deemed a direction to pay the mortgage or security interest. Amended 2004, c.132, s.88; 2005, c.160, s.18.
N.J. Stat. § 3B:3-27 — NJ Code / Title 3B / Chapter 3 / Section 3-27
Recording of will of nonresident probated in another state or country
Status: in_force

A copy of any will or of the record of any will of a decedent not resident in this State at his death, admitted to probate in any state of the United States or other jurisdiction or country, and of the certificate or judgment for probate, and if title to real estate of the decedent depends on the conveyance by an executor, administrator with the will annexed, substituted administrator with the will annexed, trustee or substituted trustee, of the record of the grant of letters testamentary thereon, or of administration, or substitutionary administration, with the will annexed, or of a copy of the letters, attested and certified pursuant to the rules of the Supreme Court or, if it be a record of any state of the United States, exemplified and authenticated according to the act of Congress, heretofore or hereafter filed and recorded in the office of the surrogate of any county in this State, shall have the same force and effect in respect to all real estate whereof the testator died seized, as if the will had been admitted to probate and the letters aforesaid had been issued in this State, provided it appears either from the deposition in the record or the attestation clause, or by a deposition taken under a commission or otherwise, that the will is valid under the laws of this State. All conveyances of the real estate heretofore or hereafter made by any executor, administrator with the will annexed, substituted administrator with the will annexed, trustee, substituted trustee, or the survivor or survivors of them, or by any devisee or persons claiming under the devisee shall be as valid as if the will had been admitted to probate and letters aforesaid had been issued in this State. Certified copies of the will, deposition, judgment for probate and letters, or of the record thereof, shall be received in evidence in all the courts of this State. L.1981, c. 405, s. 3B:3-27, eff. May 1, 1982.
N.J. Stat. § 3B:12-27 — NJ Code / Title 3B / Chapter 12 / Section 12-27
Distribution of property of an incapacitated person as intestate property.
Status: in_force

3B:12-27. Distribution of property of an incapacitated person as intestate property. If an incapacitated person dies intestate or without any will except one which was executed after commencement of proceedings which ultimately resulted in adjudicating a person incapacitated and before a judgment has been entered adjudicating a return to competency, the person's property shall descend and be distributed as in the case of intestacy. Amended 2005, c.304, s.15.
N.J. Stat. § 3B:9-11 — NJ Code / Title 3B / Chapter 9 / Section 9-11
Spendthrift provision not to affect right to disclaim.
Status: in_force

3B:9-11. The right to disclaim a property interest exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or any restriction or limitation on the right to disclaim a property interest contained in the governing instrument. Amended 2004, c.132, s.74.
N.J. Stat. § 3B:12-20 — NJ Code / Title 3B / Chapter 12 / Section 12-20
Special guardian for consent to enlist; bond; fees
Status: in_force

When any minor, who is of an age that the consent of his parent or guardian is necessary to enable him to enlist in the armed forces of the United States, desires to enlist in the armed forces of the United States and has no parent or guardian entitled to his custody and control available to sign the written consent required for the enlistment, letters of special guardianship may be granted by the surrogate's court of the county in which the minor resides, or the Superior Court, empowering the special guardian to give his written consent to the enlistment but limiting his authority and duty to that purpose. The guardian shall give consent only if he deems the enlistment advisable. A bond shall not be required from the guardian, and neither the clerk of the Superior Court nor the surrogate shall collect any fee or charge in connection with the action for the appointment of the guardian. L.1981, c. 405, s. 3B:12-20, eff. May 1, 1982.
N.J. Stat. § 3A:37-1 — NJ Code / Title 3A / Chapter 37 / Section 37-1
Bar by devise; election of widow or widower
Status: in_force

If a husband or wife makes a valid devise of real estate to his or her spouse, for life or otherwise, without expressing whether or not it is intended to be in lieu or bar of dower or curtesy, the surviving spouse shall not be entitled to dower or curtesy in any real estate devised by the will, unless, within 6 months after probate of the will, he or she files with the surrogate of the county wherein he or she resides or wherein the real estate so devised to him or her is situate, a written refusal to receive the same in satisfaction and bar of dower or curtesy in other real estate. By such refusal he or she shall be deemed to have renounced the said devise.
N.J. Stat. § 3B:10-11 — NJ Code / Title 3B / Chapter 10 / Section 10-11
Administration ad prosequendum on death by wrongful act
Status: in_force

The surrogate's court of the county wherein an intestate resided at his death, or, if the intestate resided outside the State, the surrogate's court of the county wherein the accident resulting in death occurred, or the Superior Court, may grant letters of administration ad prosequendum to the person entitled by law to general administration. An administrator ad prosequendum shall not be required to give bond. L.1981, c. 405, s. 3B:10-11, eff. May 1, 1982.
N.J. Stat. § 3B:1-6 — NJ Code / Title 3B / Chapter 1 / Section 1-6
Law governing rights, duties and powers of fiduciaries
Status: in_force

The provisions of this title shall govern the rights, duties and powers of successors and fiduciaries relating to the administration of all estates except that the validity and propriety of all acts done by a fiduciary and all rights established in successors prior to September 1, 1978, shall be determined under the law as then in effect. L.1981, c. 405, s. 3B:1-6, eff. May 1, 1982.
N.J. Stat. § 3B:14-30 — NJ Code / Title 3B / Chapter 14 / Section 14-30
Termination of domiciliary foreign fiduciary's powers; protection of third persons; exercise of powers binding on local fiduciary
Status: in_force

The power of a domiciliary foreign fiduciary under N.J.S. 3B:14-28 or N.J.S. 3B:14-29 shall be exercised only if letters have not been issued or an action therefor is not pending in this State. The issuance of local letters or an action therefor terminates the power of the domiciliary foreign fiduciary to act under N.J.S. 3B:14-29, but a court in this State may allow the domiciliary foreign fiduciary to exercise limited powers to preserve the estate. No person who, before receiving actual notice of local letters or an action therefor, has changed his position in reliance upon the powers of the domiciliary foreign fiduciary, shall be prejudiced by reason of the action for, or issuance of, local letters. The local fiduciary is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the domiciliary foreign fiduciary and may be substituted for him in any action in this State. L.1981, c. 405, s. 3B:14-30, eff. May 1, 1982.
N.J. Stat. § 3B:11-11 — NJ Code / Title 3B / Chapter 11 / Section 11-11
Provision included in trust instruments governing split-interest trusts or 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 split-interest trust or a private foundation trust other than one as described in N.J.S. 3B:11-10, shall, by virtue of this article and without any further act by any person or persons, be deemed to include the following: "Distributions of this trust shall be made at times and in a manner as not to subject the trust 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 investment 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:11-11, eff. May 1, 1982.
N.J. Stat. § 3B:18-24 — NJ Code / Title 3B / Chapter 18 / Section 18-24
Income commissions
Status: in_force

Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary. For the purposes of this section, income which is withheld from payment to the fiduciary pursuant to any law of this State, or of the United States, or any other state, country or sovereignty or of any political subdivision or governmental unit of any of the foregoing, for income tax or other tax purposes, shall be deemed to be income received by the fiduciary, and shall be subject to income commissions as if actually received by the fiduciary. L.1981, c. 405, s. 3B:18-24, eff. May 1, 1982.
N.J. Stat. § 3B:18-9 — NJ Code / Title 3B / Chapter 18 / Section 18-9
Additional compensation
Status: in_force

The court upon the settlement and allowance of a fiduciary's accounts, in addition to the compensation as may otherwise be allowable, may allow reasonable compensation to the fiduciary for services required by law to be rendered by the fiduciary in connection with or arising out of any property as defined in N.J.S. 3B:18-8, including, but not by way of limitation, services rendered in connection with apportionment of any taxes specified in N.J.S. 3B:18-8 between a decedent's estate and the recipient of the property, or between the decedent's estate and the property, and in collecting or attempting to collect, the apportionment of the taxes applicable to the property. L.1981, c. 405, s. 3B:18-9, eff. May 1, 1982.
N.J. Stat. § 3B:10-2 — NJ Code / Title 3B / Chapter 10 / Section 10-2
To whom letters of administration granted.
Status: in_force

3B:10-2. To whom letters of administration granted. If any person dies intestate, administration of the intestate's estate shall be granted to the surviving spouse or domestic partner of the intestate, if he or she will accept the administration, and, if not, or if there be no surviving spouse or domestic partner, then to the remaining heirs of the intestate, or some of them, if they or any of them will accept the administration, and, if none of them will accept the administration, then to any other person as will accept the administration. If the intestate leaves no heirs justly entitled to the administration of his estate, or if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogate's court may grant letters of administration to any fit person applying therefor. Amended 2005, c.331, s.23.
N.J. Stat. § 3B:3-28 — NJ Code / Title 3B / Chapter 3 / Section 3-28
Probate of will of nonresident decedent where property situated in New Jersey.
Status: in_force

3B:3-28. Where the will of any individual not resident in this State at his death has not been admitted to probate in the state, jurisdiction or country in which he then resided and no proceeding is there pending for the probate of the will, and he died owning real estate situate in any county of this State or personal property, or evidence of the ownership thereof, situate therein at the time of probate, the Superior Court or the surrogate's court may admit the will to probate and grant letters thereon. L.1981, c.405, s.3B:3-28, eff. May 1, 1982; amended 1997, c.20; 2004, c.132, s.24.
N.J. Stat. § 3B:12-55 — NJ Code / Title 3B / Chapter 12 / Section 12-55
When authority and responsibility of guardian terminate
Status: in_force

The authority and responsibility of a guardian of the person or estate of a minor terminate upon the death, resignation or removal of the guardian or upon the minor's death, adoption, marriage or attainment of 18 years of age, but termination does not affect the guardian's liability for prior acts, nor his obligation to account for funds and assets of his ward. Resignation of a guardian does not terminate the guardianship unless it has been approved by a judgment of the court. L.1981, c. 405, s. 3B:12-55, eff. May 1, 1982.
N.J. Stat. § 3B:31-6 — NJ Code / Title 3B / Chapter 31 / Section 31-6
Common Law of Trusts; Principles of Equity.
Status: in_force

3B:31-6. Common Law of Trusts; Principles of Equity. The common law of trusts and principles of equity supplement this act, except to the extent modified by this act or another statute of this State. L.2015, c.276, s.1.
N.J. Stat. § 3B:30-9 — NJ Code / Title 3B / Chapter 30 / Section 30-9
Rights of registering entity
Status: in_force

9. a. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this act. b. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this act. c. A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of a security in accordance with section 8 of this act and does so in good faith reliance on: (1) the registration; (2) this act; and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this act do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this act. d. The protection provided by this act to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. L.1995,c.130,s.9.
N.J. Stat. § 3B:20-11.1 — NJ Code / Title 3B / Chapter 20 / Section 20-11.1
Short title
Status: in_force

1. Sections 1 through 12 of this 1997 amendatory and supplementary act shall be known and may be cited as the "Prudent Investor Act." L.1997,c.26,s.1.
N.J. Stat. § 3B:14-35 — NJ Code / Title 3B / Chapter 14 / Section 14-35
Liability of fiduciary for improper exercise of power concerning estate
Status: in_force

If the exercise of power concerning the estate is improper, the fiduciary is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a fiduciary shall be determined as provided in N.J.S. 3B:14-28 and N.J.S. 3B:14-29. L.1981, c. 405, s. 3B:14-35, eff. May 1, 1982.
N.J. Stat. § 3B:20-35 — NJ Code / Title 3B / Chapter 20 / Section 20-35
Construction of article
Status: in_force

Nothing contained in this article shall be construed as relieving a fiduciary depositing securities as authorized herein from the duty to account for all securities so deposited. L.1981, c. 405, s. 3B:20-35, eff. May 1, 1982.
N.J. Stat. § 3B:30-5 — NJ Code / Title 3B / Chapter 30 / Section 30-5
Designation of beneficiary, registration in beneficiary form
Status: in_force

5. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. L.1995,c.130,s.5.
N.J. Stat. § 3B:15-18 — NJ Code / Title 3B / Chapter 15 / Section 15-18
Discharge of surety from liability for future acts of fiduciary, receiver or assignee
Status: in_force

The court shall discharge a surety on the bond of a fiduciary, receiver or assignee for the benefit of creditors from liability for all his acts and omissions occurring after the granting of the discharge, if he accounts and files a new bond duly approved or, in default of an accounting and the filing of the bond, if the trust property shall be found or made good and paid over or properly secured. L.1981, c. 405, s. 3B:15-18, eff. May 1, 1982.
N.J. Stat. § 3B:28-3 — NJ Code / Title 3B / Chapter 28 / Section 28-3
Right of joint possession of principal matrimonial residence where no dower or curtesy applies; alienation.
Status: in_force

3B:28-3. Right of joint possession of principal matrimonial residence where no dower or curtesy applies; alienation. a. During life every married individual shall be entitled to joint possession with his spouse of any real property which they occupy jointly as their principal matrimonial residence and to which neither dower nor curtesy applies. One who acquires an estate or interest in real property from an individual whose spouse is entitled to joint possession thereof does so subject to such right of possession, unless such right of possession has been released, extinguished or subordinated by such spouse or has been terminated by order or judgment of a court of competent jurisdiction or otherwise. b. Nothing contained herein shall be construed to prevent the release, subordination or extinguishment of the right of joint possession by either spouse, by premarital agreement, separation agreement or other written instrument. c. The right of joint possession shall be extinguished by the consent of both parties, by the death of either spouse, by judgment of divorce, separation or annulment, by other order or judgment which extinguishes same, or by voluntary abandonment of the principal matrimonial residence. Amended 2004, c.132, s.91; 2005, c.160, s.21.
N.J. Stat. § 3B:13-21 — NJ Code / Title 3B / Chapter 13 / Section 13-21
"Public guardian of veterans who are incapacitated."
Status: in_force

3B:13-21. There may be appointed in each county a person to be known as "public guardian of veterans who are incapacitated for the county of (naming county)", who shall be appointed by the Assignment Judge of the Superior Court in the county. The person appointed shall hold office for the term of five years from the date of appointment and until a successor is appointed and qualified. amended 2013, c.103, s.30.
N.J. Stat. § 3B:13A-10 — NJ Code / Title 3B / Chapter 13A / Section 13A-10
Power of attorney; filing; contents
Status: in_force

Every conservator, whether or not a resident of this State, who is granted letters of conservatorship within this State shall, at the time of the grant of letters of conservatorship to him, file a power of attorney with the clerk of the court. The power of attorney shall be duly executed in writing, shall set forth the post office address, street and number of the conservator and, by sufficient language, constitute the clerk with whom the power of attorney is filed and his successors in office, his true and lawful attorney to receive process affecting the estate in his charge, or any interest therein, with the same force and effect as if the process were duly served on the conservator within this State. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:13-11 — NJ Code / Title 3B / Chapter 13 / Section 13-11
Times for accounting
Status: in_force

The times for rendering accounts shall be as follows: a. In the counties of Hudson, Somerset or Sussex, on or before January 5; b. In the counties of Warren or Essex, on or before February 5; c. In the counties of Bergen, Morris or Passaic, on or before March 5; d. In the counties of Union, Hunterdon or Middlesex, on or before April 5; e. In the counties of Mercer, Burlington, Monmouth or Gloucester, on or before May 5; f. In the counties of Camden, Atlantic or Salem, on or before June 5; g. In the counties of Cape May, Cumberland or Ocean, on or before July 5. L.1981, c. 405, s. 3B:13-11, eff. May 1, 1982.
N.J. Stat. § 3B:14-5 — NJ Code / Title 3B / Chapter 14 / Section 14-5
Removed or discharged fiduciary to deliver assets to successor
Status: in_force

A fiduciary when removed or discharged shall forthwith deliver to his cofiduciary or the substituted fiduciary succeeding him all the assets of the estate which he holds, and shall, within 60 days after the accounting and settlement as provided in N.J.S. 3B:14-7, pay over to the cofiduciary or substituted fiduciary, as the circumstances of the case may require or the court may order, any balance shown to be due. L.1981, c. 405, s. 3B:14-5, eff. May 1, 1982.
N.J. Stat. § 3B:27-4 — NJ Code / Title 3B / Chapter 27 / Section 27-4
Real estate transaction in which an absentee has an interest; title
Status: in_force

If an absentee, a resident or nonresident of New Jersey, shall be, by virtue of this chapter, declared dead by any court of competent jurisdiction in New Jersey; and if a. Any real estate in which the absentee had or shall have any interest, divided or not, or contingent or not, as owner, tenant by the entirety, lessee, spouse of an owner, or otherwise, or b. The interest in the real estate of the absentee has been or shall be sold, conveyed, mortgaged, assigned, leased, devised or otherwise alienated, as though the person were actually dead, then the absentee shall be thereafter forever barred from any claim of title to the real estate or interest therein. The person taking the real estate or interest therein in the transaction, and his heirs, assigns and successors in title, shall have as perfect a right or title therein and thereto, and shall hold the real estate, as though the absentee had actually died on the date he is declared dead. L.1981, c. 405, s. 3B:27-4, eff. May 1, 1982.
N.J. Stat. § 3B:22-32 — NJ Code / Title 3B / Chapter 22 / Section 22-32
Distribution among creditors to be pro rata; preferred debts excepted
Status: in_force

If the estate of a decedent is insufficient to pay his debts, his estate shall be applied to the preferred expenses and debts in accordance with N.J.S. 3B:22-2, and the balance shall be distributed among his creditors in proportion to the sum due to each. L.1981, c. 405, s. 3B:22-32, eff. May 1, 1982.
N.J. Stat. § 3B:8-15 — NJ Code / Title 3B / Chapter 8 / Section 8-15
Fixing amount of elective share; payment of elective share
Status: in_force

The court shall determine the amount of the elective share and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate in the manner as hereinafter set forth in this chapter. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been if relief had been secured against all persons subject to contribution. L.1981, c. 405, s. 3B:8-15, eff. May 1, 1982.
N.J. Stat. § 3B:31-15 — NJ Code / Title 3B / Chapter 31 / Section 31-15
Representation by fiduciaries and parents.
Status: in_force

3B:31-15. Representation by Fiduciaries and Parents. To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: a. a guardian of the property may represent and bind the estate that the guardian of the property controls; b. a guardian of the person may represent and bind the ward if no guardian of the property has been appointed; c. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; d. a trustee may represent and bind the beneficiaries of the trust; e. a personal representative of a decedent's estate may represent and bind persons interested in the estate; and f. a parent may represent and bind the parent's minor or unborn child if a guardian for the child has not been appointed. L.2015, c.276, s.1.
N.J. Stat. § 3B:11-2 — NJ Code / Title 3B / Chapter 11 / Section 11-2
Letters of trusteeship under a will
Status: in_force

A testamentary trustee or substituted testamentary trustee, before exercising the authority vested in him by virtue of any will admitted to probate by the Superior Court, or any surrogate's court of this State, shall obtain letters of trusteeship from that court. L.1981, c. 405, s. 3B:11-2, eff. May 1, 1982.
N.J. Stat. § 3B:14-64 — NJ Code / Title 3B / Chapter 14 / Section 14-64
Order approving abandonment of real property by fiduciary and authorizing conveyance of title
Status: in_force

Where it appears that a fiduciary in good faith and in the exercise of a reasonable discretion has abandoned real property by refraining from paying real property taxes, assessments, water rents or charges, mortgage principal and interest, making repairs or improvements to the property, and that because of the liens, encumbrances, the absence or lack of revenues or other reasons the real property did not have a value worth protecting and that it was advisable for the best interests of those interested in the estate or trust to abandon the real property, or that as a result of an abandonment, the fiduciary has been divested of title to or right of possession of the real property by foreclosure of a mortgage or the enforcement of any other lien or encumbrance, the court may ratify and approve the abandonment of the real property upon terms and conditions as it may deem proper. If the fiduciary still has title to the real property, the court may authorize the fiduciary to convey all right, title and interest therein for a nominal consideration or no consideration in order to avoid liability which might arise by reason of continued ownership of the property. L.1981, c. 405, s. 3B:14-64, eff. May 1, 1982.
N.J. Stat. § 3B:12-37 — NJ Code / Title 3B / Chapter 12 / Section 12-37
Letters of guardianship to state any limitations at the time of appointment or later.
Status: in_force

3B:12-37. Letters of guardianship to state any limitations at the time of appointment or later. If the court limits any power conferred on the guardian, the limitation shall be so stated in certificates of letters of guardianship thereafter issued. Amended 2005, c.304, s.25.
N.J. Stat. § 3B:12-34 — NJ Code / Title 3B / Chapter 12 / Section 12-34
Determination into fitness of a testamentary guardian of the person of an incapacitated person.
Status: in_force

3B:12-34. Determination into fitness of a testamentary guardian of the person of an incapacitated person. If a will appointing a testamentary guardian of the person of an incapacitated person has been or is to be probated in the Surrogate's Court of any county or the Superior Court, the Superior Court may, in an action brought upon notice to the ward and guardian named in the will, inquire into the present custody of the incapacitated person, and make any order touching the testamentary guardianship as may be for the best interest and welfare of the incapacitated person. Amended 2005, c.304, s.22.
N.J. Stat. § 3B:15-5 — NJ Code / Title 3B / Chapter 15 / Section 15-5
Conditions of bond on grant of intestate administration
Status: in_force

The bond of an administrator of the estate of a person dying intestate shall be conditioned substantially as follows: a. If required by the court or if an exemption is to be set off as required in chapter 16 of this title, to make a true and perfect inventory of the real and personal property of the decedent which has or shall come to his hands, possession or knowledge or into the hands of any other person for him, and to cause an appraisal to be made of the real and personal property and to file the inventory and appraisal in the office of the clerk of the Superior Court or of the surrogate of the proper county, as the case may be, within the time so required; b. To faithfully discharge all of the duties imposed upon him according to law; c. To make a just and true account of his administration of the estate and, if required by court, to settle his account therein within the time so required; d. To deliver and pay to the distributees entitled thereto by law the surplus property of the decedent as may remain pursuant to the account; and e. To deliver his letters of administration to the proper court, when required so to do, if a will of the decedent is found and exhibited to it and by it admitted to probate. L.1981, c. 405, s. 3B:15-5, eff. May 1, 1982.
N.J. Stat. § 3B:14-50 — NJ Code / Title 3B / Chapter 14 / Section 14-50
Jurisdiction by act of decedent
Status: in_force

In addition to jurisdiction conferred by N.J.S. 3B:14-49, a domiciliary foreign fiduciary for a decedent is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to their jurisdiction immediately prior to death. L.1981, c. 405, s. 3B:14-50, eff. May 1, 1982.
N.J. Stat. § 3B:13A-14 — NJ Code / Title 3B / Chapter 13A / Section 13A-14
Conditions of bond
Status: in_force

If a bond is required of a conservator, it shall be conditioned substantially as follows: a. To well and truly take care of the estate of the conservatee and all writings and evidences concerning his real estate and to deliver them to the person or persons who by law are or may be entitled to receive them; b. To improve the real estate to the best advantage and to commit no waste or destruction thereof or thereon; c. To make a just and true account of the rents, issues and profits of the real estate and of the proceeds of the sale of any real estate that may be ordered to be sold; d. To make a just and true account of the expenditures and disbursements of the goods, chattels and personal estate of the conservatee that shall come into his hands; and e. If required by court, to settle those accounts therein within the time so required. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:3-33.1 — NJ Code / Title 3B / Chapter 3 / Section 3-33.1
Testator's intention; settlor's intention; rules of construction applicable to wills, trusts and other governing instruments.
Status: in_force

28. a. The intention of a testator as expressed in his will controls the legal effect of his dispositions, and the rules of construction expressed in N.J.S.3B:3-34 through N.J.S.3B:3-48 shall apply unless the probable intention of the testator, as indicated by the will and relevant circumstances, is contrary. b. The intention of a settlor as expressed in a trust, or of an individual as expressed in a governing instrument, controls the legal effect of the dispositions therein and the rules of construction expressed in N.J.S.3B:34 through N.J.S.3B:3-48 shall apply unless the probable intent of such settlor or of such individual, as indicated by the trust or by such governing instrument and relevant circumstances, is contrary. For purposes of this Title, when construing each of these rules of construction the word "testator" shall include but not be limited to a settlor or a creator of any other governing instrument; the word "will" shall include a trust or other governing instrument; the word "devise" shall include any disposition in a trust or other governing instrument; and the word "devisee" shall include a beneficiary of a trust or other governing instrument. L.2004,c.132,s.28.
N.J. Stat. § 3B:30-1 — NJ Code / Title 3B / Chapter 30 / Section 30-1
Short title.
Status: in_force

1. This act shall be known and may be cited as the "Uniform TOD Security Registration Act." L.1995,c.130,s.1.
N.J. Stat. § 3B:20-3 — NJ Code / Title 3B / Chapter 20 / Section 20-3
Corporate fiduciary may register securities in name of nominee without disclosing fiduciary capacity
Status: in_force

Any bank may, when acting as sole fiduciary or when acting as cofiduciary, with the consent of a cofiduciary or cofiduciaries, cause any certificates for shares of stock, bonds, debentures, notes or other securities, herein denominated "securities" , held in fiduciary capacities, to be registered and held in the name of a nominee of the corporate fiduciary without disclosing the fiduciary capacity in which the securities are held; provided, that a. The records of the fiduciary or fiduciaries and all accounts rendered by it or them shall at all times clearly show the ownership of the securities so registered, b. The securities shall at all times be kept separate and apart from the assets of the fiduciary or fiduciaries, and c. The nominee shall not have possession of or access to the securities. L.1981, c. 405, s. 3B:20-3, eff. May 1, 1982.
N.J. Stat. § 3B:22-2 — NJ Code / Title 3B / Chapter 22 / Section 22-2
Order of priority of claims when assets insufficient.
Status: in_force

3B:22-2. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: a. Reasonable funeral expenses; b. Costs and expenses of administration; c. Debts for the reasonable value of services rendered to the decedent by the Office of the Public Guardian for Elderly Adults; d. Debts and taxes with preference under federal law or the laws of this State; e. Reasonable medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him; f. Judgments entered against the decedent according to the priorities of their entries respectively; g. All other claims. No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. The commencement of an action against the personal representative for the recovery of a debt or claim or the entry of a judgment thereon against the personal representative shall not entitle such debt or claim to preference over others of the same class. Amended 1989, c.248, s.8; 2004, c.132, s.82; 2005, c.304, s.47.
N.J. Stat. § 3B:5-5.1 — NJ Code / Title 3B / Chapter 5 / Section 5-5.1
Diligent inquiry by fiduciary to find heirs.
Status: in_force

1. If it appears to a fiduciary administering an intestate estate that there may be individuals whose names or addresses are unknown who may be entitled to participate in the distribution of the estate, the fiduciary shall make a diligent inquiry, under the circumstances, to identify and locate the individuals. The actions taken by a fiduciary shall be those that have some reasonable likelihood of finding the individuals and are reasonable in cost compared with the amount of the distribution involved. L.2001,c.109,s.1; amended 2004, c.132, s.48.
N.J. Stat. § 3B:22-5 — NJ Code / Title 3B / Chapter 22 / Section 22-5
Liquidated claims payable in future
Status: in_force

A liquidated claim, not due and payable, but payable in the future, may be presented for allowance, a reasonable rebate of interest being made when interest is not accruing thereon. If the claim is disputed and action is brought thereon, the plaintiff shall not fail in the action because the claim is payable in the future, if the claim is otherwise valid. L.1981, c. 405, s. 3B:22-5, eff. May 1, 1982.
N.J. Stat. § 3B:24-8 — NJ Code / Title 3B / Chapter 24 / Section 24-8
Jurisdiction of Superior Court
Status: in_force

The Superior Court in a summary action or other action, including any action for the settlement of an account of the fiduciary, may apportion the tax and any interest. In the action the court, insofar as it may acquire jurisdiction over the property or person as the case may be, may charge the apportioned amount due by any transferee against the property of the transferee in the possession of the fiduciary or any other person and may direct all transferees, against whom the tax and any interest thereon have been or may be apportioned or from whom any part of the tax and any interest thereon may be recoverable, to make payment of the apportioned amounts to the fiduciary, and, further, may require the fiduciary to collect the charge and payments. If it shall be ascertained in the action that more than the proportionate amount of the tax and interest thereon due from any transferee has been paid by him or on his behalf, the court may direct reimbursement of the overpayment. L.1981, c. 405, s. 3B:24-8, eff. May 1, 1982.
N.J. Stat. § 3B:3-44 — NJ Code / Title 3B / Chapter 3 / Section 3-44
Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure.
Status: in_force

3B:3-44. A specific devisee has the right to the remaining specifically devised property in the testator's estate at death and: a. Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property; b. Any amount of a condemnation award for the taking of the property unpaid at death; c. Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for injury to, the property; and d. Property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation. L.1981, c.405, s.3B:3-44, eff. May 1, 1982; amended 2004, c.132, s.37.
N.J. Stat. § 3B:4-3 — NJ Code / Title 3B / Chapter 4 / Section 4-3
Devise not invalidated because trust is amendable or revocable.
Status: in_force

3B:4-3. A devise made as provided in N.J.S.3B:4-2 shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. L.1981, c.405, s.3B:4-3, eff. May 1, 1982; amended 2004, c.132, s.41.
N.J. Stat. § 3B:31-41 — NJ Code / Title 3B / Chapter 31 / Section 31-41
Personal obligations of trustee.
Status: in_force

3B:31-41. Personal Obligations of Trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent.
N.J. Stat. § 3B:12-65 — NJ Code / Title 3B / Chapter 12 / Section 12-65
Vacancy in guardianship
Status: in_force

A vacancy in a guardianship shall be deemed to arise when a sole or sole surviving or remaining guardian dies, resigns or is removed or discharged after entering upon but before completing the duties of his office. The resignation of a guardian shall not be effective unless approved by a judgment of the court. L.1981, c. 405, s. 3B:12-65, eff. May 1, 1982.
N.J. Stat. § 3B:31-64 — NJ Code / Title 3B / Chapter 31 / Section 31-64
Recordkeeping and identification of trust property.
Status: in_force

3B:31-64. Recordkeeping and Identification of Trust Property. a. A trustee shall keep adequate records of the administration of the trust. b. A trustee shall keep trust property separate from the trustee's own property. c. Except as otherwise provided in subsection d. of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary. d. If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of the trust with other fiduciary accounts maintained by the trustee. L.2015, c.276, s.1.
N.J. Stat. § 3B:14-48 — NJ Code / Title 3B / Chapter 14 / Section 14-48
Service of process
Status: in_force

Service of process, under the provisions of this subarticle, shall be made by leaving a copy of the process with the surrogate or clerk, or with a deputy or a clerk employed in his office, together with a fee of $2.00 to be taxed in the costs. The surrogate, deputy or clerk shall forthwith notify the fiduciary of the service by mailing a letter, with a copy of the process served inclosed, with full postage prepaid, directed to the fiduciary at the post office address given in the power of attorney. L.1981, c. 405, s. 3B:14-48, eff. May 1, 1982.
N.J. Stat. § 3B:8-13 — NJ Code / Title 3B / Chapter 8 / Section 8-13
Notice of hearing.
Status: in_force

3B:8-13. Notice of hearing. The surviving spouse or domestic partner shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Amended 2005, c.331, s.18.
N.J. Stat. § 3B:19B-14 — NJ Code / Title 3B / Chapter 19B / Section 19B-14
Rental property
Status: in_force

14. Rental Property. To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount. L.2001,c.212,s.14.
N.J. Stat. § 3B:3-16 — NJ Code / Title 3B / Chapter 3 / Section 3-16
Methods of altering will
Status: in_force

No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in the manner in which wills are required by law to be executed. L.1981, c. 405, s. 3B:3-16, eff. May 1, 1982.
N.J. Stat. § 3B:18-27 — NJ Code / Title 3B / Chapter 18 / Section 18-27
Commissions taken annually subject to review
Status: in_force

Commissions taken as provided in N.J.S. 3B:18-25 shall be subject to review on intermediate and final accountings, and to the extent that aggregate commissions so taken exceed the commissions allowable under this article, they may be disallowed. L.1981, c. 405, s. 3B:18-27, eff. May 1, 1982.
N.J. Stat. § 3B:4-2 — NJ Code / Title 3B / Chapter 4 / Section 4-2
Devise to trustee of trust created other than by testator's will.
Status: in_force

3B:4-2. A will may validly devise property to the trustee of a trust established or a trust which will be established: (1) during the testator's lifetime by the testator, or by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (2) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will, and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will, executed before, concurrently with or after the execution of the testator's will, if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. L.1981, c.405, s.3B:4-2, eff. May 1, 1982; amended 2004, c.132, s.40.
N.J. Stat. § 3B:18-4 — NJ Code / Title 3B / Chapter 18 / Section 18-4
Disputes between fiduciaries as to apportionment
Status: in_force

When a difference arises between fiduciaries concerning the apportionment of commissions between them, the Superior Court shall determine the apportionment of commissions, having regard to their respective services. L.1981, c. 405, s. 3B:18-4, eff. May 1, 1982.
N.J. Stat. § 3B:14-61.3 — NJ Code / Title 3B / Chapter 14 / Section 14-61.3
User's residence in State, inapplicability of act to employers' digital assets.
Status: in_force

3. User's Residence in State; Inapplicability of Act to Employers' Digital Assets. a. This act applies to a custodian if the user resides in this State or resided in this State at the time of the user's death. b. This act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. L.2017, c.237, s.3.
N.J. Stat. § 3B:1-8 — NJ Code / Title 3B / Chapter 1 / Section 1-8
Application of title to wills
Status: in_force

The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978. L.1981, c. 405, s. 3B:1-8, eff. May 1, 1982.
N.J. Stat. § 3B:18-19 — NJ Code / Title 3B / Chapter 18 / Section 18-19
Failure to take commissions annually shall not constitute a waiver thereof
Status: in_force

The failure of a fiduciary to take commissions in any year as provided in N.J.S. 3B:18-17 shall not constitute a waiver of the right of the fiduciary to take in a subsequent year the commissions not taken for that year. L.1981, c. 405, s. 3B:18-19, eff. May 1, 1982.