N.J. Stat. § 3B:23-4 — NJ Code / Title 3B / Chapter 23 / Section 23-4
Proposal of distribution; contents; time to object
Status: in_force

After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The proposal shall notify all persons who have a right to object to the proposal of their right to object and that their objection must be in writing and received by the personal representative within 30 days after the mailing or delivery of the proposal. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset he is to receive, if not waived earlier in writing, terminates if he fails to object in writing received by the personal representative within 30 days after mailing or delivery of the proposal. L.1981, c. 405, s. 3B:23-4, eff. May 1, 1982.
N.J. Stat. § 3B:12-72 — NJ Code / Title 3B / Chapter 12 / Section 12-72
Appointment of standby guardian by court.
Status: in_force

6. a. Upon petition of a parent, custodian, guardian, or attorney-in-fact appointed pursuant to N.J.S.3B:12-39, the court may appoint a standby guardian of a minor child or minor ward. The court may also appoint an alternate standby guardian, if identified by the petitioner, to act if the appointed standby guardian dies, becomes incapacitated, or otherwise refuses or is unable to assume the duties of the standby guardian after the activating event stated in the petition. b. A petition for the judicial appointment of a standby guardian of a minor child or minor ward shall state: (1) which activating event or events shall cause the authority of the appointed standby guardian to become effective; (2) the name and address of the proposed standby guardian; and (3) the qualifications of the proposed standby guardian. c. A parent, custodian, or guardian petitioning the court pursuant to this section shall not be required to appear in court if unable to appear, except upon motion of the court or by any party and for good cause shown. d. The court shall appoint the standby guardian if the court finds that the proposed standby guardian is fit and willing to assume the duties of that role, and that the interests of the minor child or ward would be promoted by the appointment of the standby guardian. e. The decree appointing the standby guardian shall specify the activating event which shall activate the authority of the standby guardian. f. Upon petition for the appointment of a standby guardian by a person as specified in subsection a. of this section, notice shall be served on the minor child's parent, custodian, guardian, or attorney-in-fact appointed pursuant to N.J.S.3B:12-39, as appropriate, within 30 days of the filing. During the time that the petition is pending, the court shall give preference to maintaining custody with whoever had custody of the minor child or minor ward at the time the petition was filed. Nothing in this section shall be construed to deprive any parent of parental rights. If the petition alleges that after diligent search, the parent, custodian, or guardian cannot be found, the parent, custodian, or guardian shall be served by notice delivered pursuant to New Jersey court rules. No notice is necessary to a person who is deceased or to a parent whose parental rights have been previously terminated by court order or consent. L.1995, c.76, s.6; amended 2021, c.192, s.4.
N.J. Stat. § 3B:3-39 — NJ Code / Title 3B / Chapter 3 / Section 3-39
Construction when "heirs and assigns" omitted from devise; fee passed
Status: in_force

When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no expressions indicating an intent to devise only an estate for life, or the real estate is not further devised after the death of the devisee, the devise shall be deemed to pass an estate in fee simple to the devisee as if the real estate had been devised to the devisee and to his heirs and assigns forever. L.1981, c. 405, s. 3B:3-39, eff. May 1, 1982.
N.J. Stat. § 3B:24-4 — NJ Code / Title 3B / Chapter 24 / Section 24-4
Apportionment of tax to transferees in absence of directions to contrary.
Status: in_force

3B:24-4. Apportionment of tax to transferees in absence of directions to contrary. In the absence of directions to the contrary: a. That part of the tax shall be apportioned to each of the transferees as bears the same ratio to the total tax as the ratio which each of the transferees' property included in the gross tax estate bears to the total property entering into the net estate for purposes of that tax, and the balance of the tax shall be apportioned to the fiduciary, the values as finally determined in the respective tax proceedings being the values to be used as the basis for apportionment of the respective taxes; b. Any deduction allowed under the law imposing the tax by reason of the relationship of any transferee to the decedent or by reason of the charitable purposes of the gift shall inure to the benefit of the fiduciary or transferee, as the case may be, subject nonetheless to the provisions of N.J.S.3B:24-3; c. Any deduction for property previously taxed and any credit for gift taxes paid by the decedent shall inure to the benefit of all transferees and the fiduciary and the tax to be apportioned shall be the tax after allowance of the deduction and credit; and d. Any interest resulting from late payment of the tax shall be apportioned in the same manner as the tax and shall be charged by the fiduciary and any trustee of any inter vivos trust and any other transferee wholly against corpus. Amended 2004, c.132, s.87; 2005, c.160, s.17.
N.J. Stat. § 3B:17-13 — NJ Code / Title 3B / Chapter 17 / Section 17-13
Effect of nonjudicial settlement or waiver of account.
Status: in_force

81. Unless the governing instrument expressly provides otherwise, an instrument settling or waiving an account, executed by all persons whom it would be necessary to join as parties in a proceeding for the judicial settlement of the account, shall be binding and conclusive on all other persons who may have a future interest in the property to the same extent as that instrument binds the person who executed it. L.2004,c.132,s.81.
N.J. Stat. § 3B:9-4 — NJ Code / Title 3B / Chapter 9 / Section 9-4
Disclaimer by a fiduciary of an interest in property.
Status: in_force

3B:9-4. a. A fiduciary or agent acting on behalf of a principal within the express, general or implied authority of a power of attorney, may disclaim property or any interest therein. b. Except as provided in subsection c. of this section, such disclaimer shall not be effective unless, prior thereto, the fiduciary or agent has been authorized to disclaim by the court having jurisdiction over the fiduciary or the principal after finding that such disclaimer is advisable and will not materially prejudice the rights of: (1) creditors, devisees, heirs or beneficiaries of the estate; (2) beneficiaries of the trust; or (3) the minor, the incapacitated individual, the conservatee or the principal for whom such fiduciary or agent acts. c. If the governing instrument expressly authorizes the fiduciary or the agent to disclaim, the disclaimer by the fiduciary or agent shall be effective without court authorization. Amended 2004, c.132, s.66.
N.J. Stat. § 3B:14-17 — NJ Code / Title 3B / Chapter 14 / Section 14-17
More than one substituted fiduciary
Status: in_force

The court may appoint more than one substituted fiduciary in place of any fiduciary or person named to act as fiduciary engaged in war service if, in its discretion, the court determines that it is for the best interests of the estate, trust or fund, or of the parties interested therein, that the appointment be made. L.1981, c. 405, s. 3B:14-17, eff. May 1, 1982.
N.J. Stat. § 3B:13A-4 — NJ Code / Title 3B / Chapter 13A / Section 13A-4
Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend
Status: in_force

The conservatee shall be present at the hearing unless he is unable to attend by reason of physical or other inability, and that inability is established to the satisfaction of the court. If the conservatee is found to be unable to attend, the court shall, subject to rules of court, order an investigation to be conducted to assure the conservatee does not object to the conservatorship unless the court believes, in its discretion, that the interests of the conservatee are adequately protected by counsel representing the conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:8-7 — NJ Code / Title 3B / Chapter 8 / Section 8-7
Property derived from decedent.
Status: in_force

3B:8-7. Property derived from decedent. For the purposes of N.J.S. 3B:8-6, property derived from the decedent includes, but is not limited to, any beneficial interest of the surviving spouse or domestic partner in a trust created by the decedent during his lifetime, any property appointed to the spouse or domestic partner by the decedent's exercise of a general or special power of appointment also exercisable in favor of others than the spouse or domestic partner, any proceeds of insurance, including accidental death benefits on the life of the decedent attributable to premiums paid by him, any lump sum immediately payable and the commuted value of the proceeds of annuity contracts under which the decedent was the primary annuitant attributable to premiums paid by him, the commuted value of amounts payable after the decedent's death under any public or private pension, disability compensation, death benefit or retirement plan, exclusive of the Federal Social Security system, by reason of service performed or disabilities incurred by the decedent, the value of the share of the surviving spouse or domestic partner resulting from rights in community property acquired in any other state formerly owned with the decedent and the value of any rights of dower and curtesy. Premiums paid by the decedent's employer, his partner, a partnership of which he was a member, or his creditors, are deemed to have been paid by the decedent. Amended 2005, c.331, s.12.
N.J. Stat. § 3B:2-6 — NJ Code / Title 3B / Chapter 2 / Section 2-6
Oath; affidavit; deposition or proof.
Status: in_force

3B:2-6. Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, the surrogate's court or in the Superior Court, or necessary or proper to be used before the surrogate or the court, may be made and taken before the surrogate or before any individual authorized by law to administer oaths. Qualifications of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court. L.1981, c.405, s.3B:2-6, eff. May 1, 1982; amended 2004, c.132, s.5.
N.J. Stat. § 3B:31-74 — NJ Code / Title 3B / Chapter 31 / Section 31-74
Limitation of action against trustee.
Status: in_force

3B:31-74. Limitation of Action Against Trustee. a. A beneficiary may not commence a proceeding against a trustee for breach of trust more than six months after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding. b. A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence. c. If subsection a. of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust may be commenced only within five years after the first to occur of: (1) the removal, resignation, or death of the trustee; (2) the termination of the beneficiary's interest in the trust; or (3) the termination of the trust. Notwithstanding the foregoing, this subsection shall not operate to bar any proceeding by a beneficiary until five years after such beneficiary: (a) has attained majority; (b) has knowledge of the existence of the trust; and (c) has knowledge that such beneficiary is or was a beneficiary of the trust. d. For purposes of subsection a. of this section, a beneficiary is deemed to have been sent a report if: (1) in the case of a beneficiary having capacity, it is sent to the beneficiary; or (2) in the case of a beneficiary who under article 2 of this act may be represented and bound by another person, if it is received by his representative. e. This section does not preclude an action to recover for fraud or misrepresentation related to the report. L.2015, c.276, s.1.
N.J. Stat. § 3B:11-22 — NJ Code / Title 3B / Chapter 11 / Section 11-22
Definitions.
Status: in_force

4. As used in P.L.1985, c.424 (C.3B:11-19 et seq.): a. "Beneficiary" means any person with a severe chronic disability who has qualified as a member of the community trust program and who has the right to receive those services and benefits of the community trust program as provided in P.L.1985, c.424. b. "Board" means the board of trustees or the group of persons vested with the management of the business and affairs of a corporation, formed for the purpose of managing a community trust, irrespective of the name by which the group is designated. c. "Community trust" means a nonprofit organization which offers the following services: (1) administration of special trust funds for persons with severe chronic disabilities; (2) follow-along services; (3) guardianship for persons with severe chronic disabilities who are incapacitated, when no other immediate family member or friend is available for this purpose; and (4) advice and counsel to persons who have been appointed as individual guardians of the persons or estates of persons with severe chronic disabilities. d. "Follow-along services" means those services offered by community trusts which are designed to insure that the needs of each beneficiary are being met for as long as may be required and may include periodic visits to the beneficiary and to the places where the beneficiary receives services, participation in the development of individualized plans being made by service providers for the beneficiary, and other similar services consistent with the purposes of P.L.1985, c.424. e. "Severe chronic disability" means a physical or mental impairment which is expected to give rise to a long-term need for specialized health, social, and other services, and which makes the person with that impairment dependent upon others for assistance to secure these services. f. "Trustee" means any member of the board of a corporation, formed for the purpose of managing a community trust, whether that member is designated as a trustee, director, manager, governor, or by any other title. g. "Surplus trust funds" means funds accumulated in the trust from contributions made on behalf of an individual beneficiary, which, after the death of the beneficiary, are determined by the board to be in excess of the actual cost of providing services during the beneficiary's lifetime, including the beneficiary's share of administrative costs, and of any amounts provided to a remainderman. L.1985, c.424, s.4; amended 1993, c.224, s.2; 2013, c.103, s.24.
N.J. Stat. § 3B:14-3 — NJ Code / Title 3B / Chapter 14 / Section 14-3
Powers and duties of substituted fiduciary
Status: in_force

A substituted fiduciary may demand, receive and recover the property and assets of the estate, and maintain all proper actions for the recovery thereof, and do all acts necessary for the administration and settlement of the estate and execution of the powers and performance of the trusts contained in the will or other instrument, in the same manner and to the same effect as if he had been appointed or named in the first instance. The fiduciary shall in the same manner be liable for any neglect or failure to perform the duties of his appointment. L.1981, c. 405, s. 3B:14-3, eff. May 1, 1982.
N.J. Stat. § 3B:9-9 — NJ Code / Title 3B / Chapter 9 / Section 9-9
Bar of right to disclaim.
Status: in_force

3B:9-9. Bar of right to disclaim. a. The right of an individual to disclaim property or any interest therein is barred by: (1) an assignment, conveyance, encumbrance, pledge or transfer of the property or interest or a contract therefor; or (2) a written waiver of the right to disclaim; or (3) an acceptance of the property or interest or a benefit under it after actual knowledge that a property right has been conferred; or (4) a sale of the property or interest that was seized under judicial process before the disclaimer is made; or (5) the expiration of the permitted applicable perpetuities period; or (6) a fraud on the individual's creditors as set forth in the "Uniform Voidable Transactions Act" (R.S.25:2-20 et seq.). b. The disclaimant shall not be barred from disclaiming all or any part of the balance of the property where the disclaimant has received a portion of the property and there still remains an interest which the disclaimant is yet to receive. c. A bar to the right to disclaim a present interest in joint property does not bar the right to disclaim a future interest in that property. d. The right to disclaim may be barred to the extent provided by other applicable statutory law. amended 1988, c.74, s.2; 2004, c.132, s.72; 2005, c.160, s.11; 2021, c.92, s.19.
N.J. Stat. § 3B:24-7 — NJ Code / Title 3B / Chapter 24 / Section 24-7
Transfer or distribution of property; duties and liabilities of fiduciary
Status: in_force

A person acting in a fiduciary capacity shall not be required to transfer, pay over or distribute to any person, other than the fiduciary charged with the duty to collect and pay the tax, any fund or property with respect to which the tax is or may be imposed, until the amount of the tax and any interest thereon apportioned or which may be apportioned against the fund or property and which may be due from the persons entitled to the fund or property is paid, or, if the tax has not been determined or apportionment made, until adequate security for the payment is furnished to the person acting in a fiduciary capacity. A fiduciary shall not be under any duty to institute any action under this chapter or to make an apportionment thereunder until after the expiration of 3 months following the final determination of the tax. A fiduciary, who within a reasonable time after the expiration of 3 months following the final determination of the tax shall proceed to carry out the duty imposed upon himself by this chapter, shall not be subject to liability or surcharge in case the amount of the tax or any part thereof apportioned or to be apportioned against any transferee or person in possession of property shall be collectible at any time following the death of the decedent but shall thereafter be or become uncollectible. L.1981, c. 405, s. 3B:24-7, eff. May 1, 1982.
N.J. Stat. § 3B:10-1 — NJ Code / Title 3B / Chapter 10 / Section 10-1
Grant of letters of administration
Status: in_force

The surrogate's court of the county in which a decedent resided at the time of his death, or the Superior Court, may grant letters of general administration on the estate of the decedent. L.1981, c. 405, s. 3B:10-1, eff. May 1, 1982.
N.J. Stat. § 3B:3-13 — NJ Code / Title 3B / Chapter 3 / Section 3-13
Revocation by writing or by act.
Status: in_force

3B:3-13. A will or any part thereof is revoked: a. By the execution of a subsequent will that revokes the previous will or part expressly or by inconsistency; or b. By the performance of a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection, "revocatory act on the will" includes burning, tearing canceling, obliterating or destroying the will or any part of it. A burning, tearing or cancelling is a "revocatory act on the will," whether or not the burn, tear, or cancellation touched any of the words on the will. (1) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will. (2) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death. (3) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent. L.1981, c.405, s.3B:3-13, eff. May 1, 1982; amended 2004, c.132, s.16.
N.J. Stat. § 3B:22-42 — NJ Code / Title 3B / Chapter 22 / Section 22-42
General judgment; special judgment
Status: in_force

If the debt be found due, the judgment against any heir or devisee shall be general for the full amount found due, unless the heir or devisee shall admit in the action the descent or devise of the estate to him, specifically describing it, in which case the judgment shall be special against him to be made out of the estate so descended and devised alone. L.1981, c. 405, s. 3B:22-42, eff. May 1, 1982.
N.J. Stat. § 3B:3-1 — NJ Code / Title 3B / Chapter 3 / Section 3-1
Individuals competent to make a will and appoint a testamentary guardian.
Status: in_force

3B:3-1. Any individual 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian. L.1981, c.405, s.3B:3-1, eff. May 1, 1982; amended 2004, c.132, s.8.
N.J. Stat. § 3B:28-8 — NJ Code / Title 3B / Chapter 28 / Section 28-8
N.J.S. 3A:35-4 saved from repeal
Status: in_force

N.J.S. 3A:35-4 is saved from repeal. This section grants to a widow or widower the right to remain in the mansion house until dower or curtesy are assigned. L.1981, c. 405, s. 3B:28-8, eff. May 1, 1982.
N.J. Stat. § 3B:3-25 — NJ Code / Title 3B / Chapter 3 / Section 3-25
Filing probate record with surrogate of any county
Status: in_force

When a will devising real estate has been duly admitted to probate by the Superior Court, any person interested therein may file with the surrogate of any county a certified copy of the will, the complaint or application for probate, the proofs, the judgment or order for probate and the letters testamentary issued thereon. The surrogate shall thereupon record them which record, or a certified copy thereof, shall be received in evidence in any cause involving the title to real estate in that county as if the will had been originally admitted to probate before the surrogate. L.1981, c. 405, s. 3B:3-25, eff. May 1, 1982.
N.J. Stat. § 3B:22-26 — NJ Code / Title 3B / Chapter 22 / Section 22-26
Direction of court as to sale
Status: in_force

If it shall appear to the satisfaction of the court that property of which a decedent died seized or possessed is subject to escheat to the State and that it is necessary to sell the property in order to pay debts of the decedent, the court shall direct the personal representative of the decedent's estate to sell the property or so much thereof as may be necessary for that purpose. L.1981, c. 405, s. 3B:22-26, eff. May 1, 1982.
N.J. Stat. § 3B:14-56 — NJ Code / Title 3B / Chapter 14 / Section 14-56
Deposit in name of fiduciary; checks; when bank liable
Status: in_force

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which the deposit is entered, without being liable to the principal, unless the bank pays the check with the actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. L.1981, c. 405, s. 3B:14-56, eff. May 1, 1982.
N.J. Stat. § 3B:6-2 — NJ Code / Title 3B / Chapter 6 / Section 6-2
Disposition of property of persons dying simultaneously
Status: in_force

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter. L.1981, c. 405, s. 3B:6-2, eff. May 1, 1982.
N.J. Stat. § 3B:3-31 — NJ Code / Title 3B / Chapter 3 / Section 3-31
Judgment for probate; conclusive effect on title to real property after 7 years.
Status: in_force

3B:3-31. Where judgment has been or shall be entered by any surrogate's court in this State or Superior Court of the State, admitting to probate the will of any individual whether or not a resident of the State at his death and 7 years have elapsed after the judgment, the judgment unless set aside, shall, as to all matters adjudicated thereby, be conclusive upon the title to real estate. L.1981, c.405, s.3B:3-31, eff. May 1, 1982; amended 2004, c.132, s.26.
N.J. Stat. § 3B:13-9 — NJ Code / Title 3B / Chapter 13 / Section 13-9
Filing account with the court
Status: in_force

Every guardian appointed by the surrogate of any county or by the Superior Court, who receives any moneys from a Federal agency for the benefit of his ward, shall, at intervals as the court may require, render to the Superior Court a true account of all moneys received by him, as guardian, by way of pension, bounty or other allowance from the United States. The account shall be submitted in duplicate. L.1981, c. 405, s. 3B:13-9, eff. May 1, 1982.
N.J. Stat. § 3B:13-31 — NJ Code / Title 3B / Chapter 13 / Section 13-31
Counsel to represent public guardian; compensation.
Status: in_force

3B:13-31. The public guardian of veterans who are incapacitated may, when authorized by the Superior Court, employ counsel to represent the public guardian. The compensation of counsel shall be fixed by the court and paid from moneys in the guardian's control belonging to the estate involved in litigation. amended 2013, c.103, s.39.
N.J. Stat. § 3B:5-11 — NJ Code / Title 3B / Chapter 5 / Section 5-11
Debt to decedent.
Status: in_force

3B:5-11. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants. Amended 2004, c.132, s.53.
N.J. Stat. § 3B:15-28 — NJ Code / Title 3B / Chapter 15 / Section 15-28
Exceptions; trial
Status: in_force

The surety may except to any claim, debt or demand, and thereupon the same shall be tried as the court may direct, and the court may disallow and reject it if it is not established. L.1981, c. 405, s. 3B:15-28, eff. May 1, 1982.
N.J. Stat. § 3A:25-41 — NJ Code / Title 3A / Chapter 25 / Section 25-41
Instrument; formalities; contents
Status: in_force

The instrument disclaiming shall be in writing, signed and acknowledged by the person disclaiming, and shall (1) describe the property or interest disclaimed, and if real property, the municipality and county wherein the real property is situated (2) declare the disclaimer and extent thereof. L.1979, c. 484, s. 3 eff. Feb. 28, 1980.
N.J. Stat. § 3B:14-32 — NJ Code / Title 3B / Chapter 14 / Section 14-32
Personal liability for obligations arising from ownership or control of estate; torts
Status: in_force

A fiduciary is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault. L.1981, c. 405, s. 3B:14-32, eff. May 1, 1982.
N.J. Stat. § 3B:18-21 — NJ Code / Title 3B / Chapter 18 / Section 18-21
Burden of proving value
Status: in_force

In the event of a dispute as to the value of corpus on the settlement of the account of a fiduciary, the burden of proving that the value of any item of corpus differs from the presumptive value of the item shall be upon the fiduciary or other party claiming the difference. L.1981, c. 405, s. 3B:18-21, eff. May 1, 1982.
N.J. Stat. § 3B:31-61 — NJ Code / Title 3B / Chapter 31 / Section 31-61
Powers to direct.
Status: in_force

3B:31-61. Powers to Direct. a. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust. b. If the terms of a trust confer upon a person other than the settlor of a revocable trust the power to direct certain actions of the trustee, the trustee shall act in accordance with a written exercise of the power unless the attempted exercise is contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust. c. The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust. d. A person, other than a beneficiary, who holds a power to direct is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from the holder's failure to act in good faith. L.2015, c.276, s.1.
N.J. Stat. § 3B:23-5 — NJ Code / Title 3B / Chapter 23 / Section 23-5
Instrument of distribution
Status: in_force

If distribution in kind is made, the personal representative may and, if requested, shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the property. L.1981, c. 405, s. 3B:23-5, eff. May 1, 1982.
N.J. Stat. § 3B:24-5 — NJ Code / Title 3B / Chapter 24 / Section 24-5
Limitation on direction for apportionment or nonapportionment of tax
Status: in_force

Any direction as to apportionment or nonapportionment of the tax, whether contained in a will or in a nontestamentary instrument, shall be limited in its operation to the property passing thereunder unless the will or instrument otherwise directs. L.1981, c. 405, s. 3B:24-5, eff. May 1, 1982.
N.J. Stat. § 3B:12-16 — NJ Code / Title 3B / Chapter 12 / Section 12-16
Bond of testamentary guardian.
Status: in_force

3B:12-16. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of a minor shall give bond in accordance with N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by direction of the will of the parent appointing the guardian or by order of the court. However, regardless of the direction, the guardian shall, with respect to property to which the ward is or shall be entitled from any source, other than the parent or other than any policy of life insurance upon the life of the parent, give bond in accordance with that section before exercising any authority or control over the property. The provisions of this section relieving a testamentary guardian of a minor from giving bond by direction of the will of the parent shall not apply to a testamentary guardian of a minor with a developmental disability. Such guardian shall be bonded pursuant to paragraph (1) of subsection i. of N.J.S.3B:15-1, unless the guardian is relieved from doing so pursuant to paragraph (2) of subsection i. of N.J.S.3B:15-1. Amended 2005, c.304, s.10, 2009, c.140, s.2.
N.J. Stat. § 3B:14-11 — NJ Code / Title 3B / Chapter 14 / Section 14-11
Substituted fiduciary; bond
Status: in_force

The substituted fiduciary shall give bond in the same terms as to condition, security and amount as were required of the fiduciary or person named to act as fiduciary in whose stead he is appointed or as the court shall direct. If the fiduciary or person named to act as fiduciary was not required to give bond the court may, in its discretion, require the substituted fiduciary to give bond in such terms as to condition, security and amount as the court may determine. L.1981, c. 405, s. 3B:14-11, eff. May 1, 1982.
N.J. Stat. § 3B:13A-16 — NJ Code / Title 3B / Chapter 13A / Section 13A-16
Limitations on appointment of conservator.
Status: in_force

3B:13A-16. The appointment of a conservator shall not: a. Be evidence of the capacity or incapacity of a conservatee; or b. Transfer title of the conservatee's real and personal property to the conservator; or c. Deprive or modify any civil right of the conservatee, including but not limited to civil service status and appointment or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law. amended 2013, c.103, s.41.
N.J. Stat. § 3B:14-61.7 — NJ Code / Title 3B / Chapter 14 / Section 14-61.7
Disclosure of content of electronic communications of deceased user.
Status: in_force

7. Disclosure of Content of Electronic Communications of Deceased User. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: a. a written request for disclosure in physical or electronic form; b. a copy of the death certificate of the user; c. a certificate evidencing the appointment of the representative or a small-estate affidavit; d. unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and e. if requested by the custodian, any of the following: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; or (3) a finding by the court of any of the following: (a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; (b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. s.2701 et seq., Unlawful Access to Stored Communications; 47 U.S.C. s.222, Privacy of Customer Information; or other applicable law; (c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. L.2017, c.237, s.7.
N.J. Stat. § 3B:1-5 — NJ Code / Title 3B / Chapter 1 / Section 1-5
Effect upon vested rights and remedies
Status: in_force

The repeal of any sections, acts or parts of acts by the enactment of this title shall not affect any right now vested in any person pursuant to any sections, acts or parts of acts so repealed, nor any remedy where an action or proceeding thereunder has been instituted and is pending on the effective date of this title. L.1981, c. 405, s. 3B:1-5, eff. May 1, 1982.
N.J. Stat. § 3B:22-41 — NJ Code / Title 3B / Chapter 22 / Section 22-41
Joinder of parties
Status: in_force

The action shall be brought against all of the heirs and devisees of the deceased debtor who can be found within the State. L.1981, c. 405, s. 3B:22-41, eff. May 1, 1982.
N.J. Stat. § 3B:14-21 — NJ Code / Title 3B / Chapter 14 / Section 14-21
Removal for cause.
Status: in_force

3B:14-21. The court may remove a fiduciary from office when the fiduciary: a. After due notice of an order or judgment of the court so directing, neglects or refuses, within the time fixed by the court, to file an inventory, render an account, or give security or additional security; b. After due notice of any other order or judgment of the court made under its proper authority, neglects or refuses to perform or obey the order or judgment within the time fixed by the court; c. Embezzles, wastes, or misapplies any part of the estate for which the fiduciary is responsible, or abuses the trust and confidence reposed in the fiduciary; d. No longer resides nor has an office in the State and neglects or refuses to proceed with the administration of the estate and perform the duties required; e. Is incapacitated for the transaction of business; or f. Neglects or refuses, as one of two or more fiduciaries, to perform the required duties or to join with the other fiduciary or fiduciaries in the administration of the estate for which they are responsible whereby the proper administration and settlement of the estate is or may be hindered or prevented. amended 2013, c.103, s.44.
N.J. Stat. § 3B:18-29 — NJ Code / Title 3B / Chapter 18 / Section 18-29
Corpus commissions; unusual or extraordinary services
Status: in_force

The court may, on an intermediate or the final settlement of fiduciaries' accounts, allow corpus commissions in addition to those provided in this article, on a showing that unusual or extraordinary services have been rendered by the fiduciary for which he should receive additional compensation. L.1981, c. 405, s. 3B:18-29, eff. May 1, 1982.
N.J. Stat. § 3B:15-2 — NJ Code / Title 3B / Chapter 15 / Section 15-2
Bonds not to be approved unless prescribed conditions are included
Status: in_force

When specific conditions as to a particular bond are prescribed by law, the bond shall not be approved unless the prescribed conditions are included therein, and where by law security is authorized to be given other than by sureties on the bond, compliance with the law shall be deemed compliance with this section. L.1981, c. 405, s. 3B:15-2, eff. May 1, 1982.
N.J. Stat. § 3B:6-3 — NJ Code / Title 3B / Chapter 6 / Section 6-3
Division of property, two or more beneficiaries
Status: in_force

Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived. L.1981, c. 405, s. 3B:6-3, eff. May 1, 1982.
N.J. Stat. § 3B:17-12 — NJ Code / Title 3B / Chapter 17 / Section 17-12
Fiduciary, receiver or assignee; rental of safe deposit box; expenses of safe-keeping of securities
Status: in_force

A fiduciary, receiver or assignee for the benefit of creditors may include as a part of the lawful expense of executing his trust a reasonable sum paid to a bank, trust company or safe deposit company organized under the laws of this State, or to a national bank doing business in this State, for safe deposit box rental for the safe-keeping or custody of the securities of the trust, as may be allowed by the court. A fiduciary, receiver or assignee for the benefit of creditors who holds under a lease or owns a vault within this State may include as a part of the lawful expense of executing his trust a reasonable sum for the safe-keeping of the securities and other property of the trust in the vault as may be allowed by the court. L.1981, c. 405, s. 3B:17-12, eff. May 1, 1982.
N.J. Stat. § 3B:31-80 — NJ Code / Title 3B / Chapter 31 / Section 31-80
Interest as general partner.
Status: in_force

3B:31-80. Interest as General Partner. a. Except as otherwise provided in subsection c. of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the "Uniform Partnership Act (1996)," P.L.2000, c.161 (C.42:1A-1 et seq.) or the "Uniform Limited Partnership Law (1976)," P.L.1983, c.489 (C.42:2A-1 et seq.). b. Except as otherwise provided in subsection c. of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault. c. The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or partner in a civil union or one or more of the trustee's descendants, siblings, or parents, or the spouse or partner in a civil union of any of them. d. If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner. L.2015, c.276, s.1.
N.J. Stat. § 3B:19B-1 — NJ Code / Title 3B / Chapter 19B / Section 19B-1
Short title
Status: in_force

1. Short Title. This act shall be known and may be cited as the "Uniform Principal and Income Act of 2001." L.2001,c.212,s.1.
N.J. Stat. § 3B:22-21 — NJ Code / Title 3B / Chapter 22 / Section 22-21
Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative
Status: in_force

In case the claims and prior charges of the entire estate exceed the total value of the portions of the estate being administered separately and this State is not the state of the decedent's last domicile, the claims allowed in this State shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this State the amount to which they are entitled, local assets shall be marshaled so that each claim allowed in this State is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this State from assets in other jurisdictions. L.1981, c. 405, s. 3B:22-21, eff. May 1, 1982.