N.J. Stat. § 3B:13-26 — NJ Code / Title 3B / Chapter 13 / Section 13-26
Public guardian may be appointed general guardian for veteran.
Status: in_force

3B:13-26. Where an action is brought in the Superior Court for the appointment of a guardian for a person who, while in the military, naval, marine, air, or coast guard service of the United States, or after discharge therefrom, is determined to be incapacitated, whether or not committed or confined to an institution for the care of persons who are incapacitated, and the heirs of the person are unwilling, unable, or unqualified for the appointment, or if the best interests of the person require it, the Superior Court may appoint the public guardian of the county in which the person resides as guardian of the person. amended 2013, c.103, s.35.
N.J. Stat. § 3B:13A-5 — NJ Code / Title 3B / Chapter 13A / Section 13A-5
By whom action for appointment of conservator in behalf of conservatee may be brought
Status: in_force

3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought. An action for the appointment of a conservator may be brought by the conservatee as provided in section 3B:13A-2 or in the conservatee's behalf by: a. His spouse; b. His adult children or, where there are none, the person or persons closest in degree of kinship to the conservatee; c. Any person having concern for the financial or personal well-being of the conservatee; d. A public agency or a social services official of the State or of the county in which the conservatee resides regardless of whether or not the conservatee is a recipient of public assistance; or e. The chief administrator of a State licensed hospital, school or institution in which the conservatee is a patient or from which he receives services. f. The chief administrator of a non-profit charitable institution in which the conservatee is a patient or from which he receives services. Amended 1989,c.329,s.1.
N.J. Stat. § 3B:14-61.6 — NJ Code / Title 3B / Chapter 14 / Section 14-61.6
Procedure for disclosing digital assets.
Status: in_force

6. Procedure for Disclosing Digital Assets. a. When disclosing digital assets of a user under this act, the custodian shall either: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. b. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act. c. A custodian need not disclose under this act a digital asset deleted by a user. d. If a user directs or a fiduciary requests a custodian to disclose under this act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. L.2017, c.237, s.6.
N.J. Stat. § 3B:23-41 — NJ Code / Title 3B / Chapter 23 / Section 23-41
Return of devise pro rata
Status: in_force

Where there are several devisees and a return of part of a devise shall afterwards appear necessary, each devisee shall only be compelled to return a proportional part of his devise so as to make up the whole sum needed. L.1981, c. 405, s. 3B:23-41, eff. May 1, 1982.
N.J. Stat. § 3B:14-10 — NJ Code / Title 3B / Chapter 14 / Section 14-10
Cofiduciaries; terms of instrument
Status: in_force

If the fiduciary or person named to act as fiduciary is one of several cofiduciaries or one of several named to act as cofiduciaries, the court may appoint a substituted cofiduciary or may appoint the fiduciary's cofiduciary or cofiduciaries or the person or persons named to act as cofiduciaries to act as the substituted fiduciary. If the will or other instrument under which the fiduciary is appointed or person is named to act as fiduciary provides for a substitute or alternate fiduciary in the event of his death or otherwise, the court shall appoint as substituted fiduciary the substitute or alternate fiduciary or person named to act as substitute or alternate fiduciary to act if he is willing to act and can qualify. L.1981, c. 405, s. 3B:14-10, eff. May 1, 1982.
N.J. Stat. § 3B:14-61.14 — NJ Code / Title 3B / Chapter 14 / Section 14-61.14
Disclosure of digital assets to guardian of incapacitated person.
Status: in_force

14. Disclosure of Digital Assets to Guardian of Incapacitated Person. a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an incapacitated person. b. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the incapacitated person and any digital assets, other than the content of electronic communications, in which the incapacitated person has a right or interest if the guardian gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a copy of the court order that gives the guardian authority over the digital assets of the incapacitated person; and (3) if requested by the custodian: (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the incapacitated person; or (b) evidence linking the account to the incapacitated person. c. A guardian with general authority to manage the assets of an incapacitated person may request a custodian of the digital assets of the incapacitated person to suspend or terminate an account of the incapacitated person for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the incapacitated person's property. L.2017, c.237, s.14.
N.J. Stat. § 3B:20-18 — NJ Code / Title 3B / Chapter 20 / Section 20-18
Authority to exchange or convert securities
Status: in_force

3B:20-18. Authority to exchange or convert securities. Except as otherwise provided in the trust instrument, a fiduciary who holds securities in a trust estate issued by a corporation which has been recapitalized or reorganized, or which has been a party to a merger or consolidation, may exchange or convert the securities so held for or into other securities issued by the corporation as an incident of its recapitalization, reorganization, merger or consolidation, or issued by the corporation's successor corporation as an incident of the merger or consolidation. Amended 1997, c.26, s.18.
N.J. Stat. § 3B:13-19 — NJ Code / Title 3B / Chapter 13 / Section 13-19
Direction of court for expenditure required; investment
Status: in_force

The guardian shall not expend any portion of the personal property received from any source other than the United States Government, except as directed by the court to which he is accountable; but he may invest the personal property as provided by N.J.S. 3B:13-15. L.1981, c. 405, s. 3B:13-19, eff. May 1, 1982.
N.J. Stat. § 3B:18-2 — NJ Code / Title 3B / Chapter 18 / Section 18-2
Commissions of nontestamentary trustee
Status: in_force

On the settlement of the account of a nontestamentary trustee, as defined in N.J.S. 3B:17-9, the court shall allow him the compensation as may have been agreed upon by the instrument creating the trust; and in the absence of any express provision concerning compensation, shall allow him commissions in accordance with this chapter. L.1981, c. 405, s. 3B:18-2, eff. May 1, 1982.
N.J. Stat. § 3B:13A-7 — NJ Code / Title 3B / Chapter 13A / Section 13A-7
Right of persons to be heard
Status: in_force

The persons receiving notice pursuant to N.J.S. 3B:13A-6 may, upon approval of the court and in the interest of the conservatee, appear and be heard concerning all matters relating to the conservatorship. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:11-23 — NJ Code / Title 3B / Chapter 11 / Section 11-23
Nonprofit corporations
Status: in_force

This act shall apply to every community trust established in this State after the effective date of this act. In addition to meeting the other requirements of the act, every board which administers a community trust shall incorporate as a nonprofit corporation in accordance with the provisions of Title 15A of the New Jersey Statutes. Except as otherwise provided herein, the provisions of Title 15A of the New Jersey Statutes shall apply to the community trust. L. 1985, c. 424, s. 5.
N.J. Stat. § 3B:23-18 — NJ Code / Title 3B / Chapter 23 / Section 23-18
Distribution; when made
Status: in_force

Distribution of the property of an intestate shall not be made until 1 year after the granting of administration unless an order to limit creditors is entered, in which case distribution may be made 6 months after the order. L.1981, c. 405, s. 3B:23-18, eff. May 1, 1982.
N.J. Stat. § 3B:28-2 — NJ Code / Title 3B / Chapter 28 / Section 28-2
No right of dower or curtesy created on or after May 28, 1980.
Status: in_force

3B:28-2. No right of dower or curtesy created on or after May 28, 1980. No right of dower or curtesy in real property shall arise if, on or after May 28, 1980, an individual shall become married, or such person or another to his use, shall become seized of an estate of inheritance. Amended 2004, c.132, s.90; 2005, c.160, s.20.
N.J. Stat. § 3B:14-61.12 — NJ Code / Title 3B / Chapter 14 / Section 14-61.12
Disclosure of contents of electronic communications held in trust when trustee not original user.
Status: in_force

12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: a. a written request for disclosure in physical or electronic form; b. a certified copy of the trust instrument or a certification of the trust under N.J.S.3B:31-81 that includes consent to disclosure of the content of electronic communications to the trustee; c. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust's account; or (2) evidence linking the account to the trust. L.2017, c.237, s.12.
N.J. Stat. § 3B:10-19 — NJ Code / Title 3B / Chapter 10 / Section 10-19
Commencement of duties and powers of a personal representative
Status: in_force

The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. L.1981, c. 405, s. 3B:10-19, eff. May 1, 1982.
N.J. Stat. § 3B:22-3 — NJ Code / Title 3B / Chapter 22 / Section 22-3
Abatement for purpose of paying claims and debts.
Status: in_force

3B:22-3. The property of a decedent's estate shall abate for the purposes of paying debts and claims in the order prescribed in N.J.S.3B:23-12. Amended 2004, c.132, s.83.
N.J. Stat. § 3B:23-33 — NJ Code / Title 3B / Chapter 23 / Section 23-33
Action for devise
Status: in_force

A devisee may bring an action in the Superior Court for his devise. L.1981, c. 405, s. 3B:23-33, eff. May 1, 1982.
N.J. Stat. § 3B:18-18 — NJ Code / Title 3B / Chapter 18 / Section 18-18
Value of assets for computing commissions taken annually
Status: in_force

In computing the amount of commissions which may be taken annually pursuant to N.J.S. 3B:18-17, the value of any item of corpus at the time when the item is received by the fiduciary, referred to in this section as the "presumptive value" of the item, may be used as the value of the item, or, at the option of the fiduciary, the value of the item at the end of the period for which the commissions are taken may be used. L.1981, c. 405, s. 3B:18-18, eff. May 1, 1982.
N.J. Stat. § 3B:12-64 — NJ Code / Title 3B / Chapter 12 / Section 12-64
When authority and responsibility of guardian terminate.
Status: in_force

3B:12-64. When authority and responsibility of guardian terminate. a. The authority and responsibility of a guardian of the person or estate of an incapacitated person terminate upon: (1) the death, resignation or removal of the guardian; (2) upon the death of the incapacitated person; or (3) upon the entry of a judgment adjudicating the restoration of competency or termination of guardianship for other reasons. b. However, termination does not affect the guardian's liability for prior acts, nor the guardian's obligation to account for funds and assets of the ward. c. Notwithstanding the termination of the guardianship, the guardian may make final burial and funeral arrangements if the body remains unclaimed for five days and may pay for burial and funeral costs, Surrogate fees of administration, probate and bond from the guardianship account. Resignation of a guardian does not terminate the guardianship unless it has been approved by a judgment of the court. d. Upon the death of an incapacitated person the guardian shall provide written notification to the Surrogate and shall provide the Surrogate with a copy of the death certificate within seven days of the guardian's receipt of the death certificate. Amended 2005, c.304, s.45.
N.J. Stat. § 3A:25-47 — NJ Code / Title 3A / Chapter 25 / Section 25-47
Binding effect
Status: in_force

The disclaimer or the written waiver of the right to disclaim shall be binding upon the disclaimant or person waiving and all persons claiming by, through or under him. L.1979, c. 484, s. 9.
N.J. Stat. § 3B:14-14 — NJ Code / Title 3B / Chapter 14 / Section 14-14
Termination of substituted fiduciary's powers and duties; accounting and delivery of assets
Status: in_force

Upon reinstatement of the original fiduciary or person named to act as fiduciary, any substituted fiduciary of the estate, trust or fund, appointed by the court shall be removed and all of his powers as substituted fiduciary shall cease, except the power and duty to account for his administration of the estate, trust or fund. The substituted fiduciary shall deliver to the reinstated fiduciary all of the unadministered assets of the estate, trust or fund remaining in his possession and control and shall promptly account to the court for his administration of the estate, trust or fund. L.1981, c. 405, s. 3B:14-14, eff. May 1, 1982.
N.J. Stat. § 3B:5-4 — NJ Code / Title 3B / Chapter 5 / Section 5-4
Intestate shares of heirs other than surviving spouse, partner in a civil union, domestic partner.
Status: in_force

3B:5-4. Intestate shares of heirs other than surviving spouse, partner in a civil union, or domestic partner. Any part of the intestate estate not passing to the decedent's surviving spouse, partner in a civil union, or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, partner in a civil union, or domestic partner, passes in the following order to the individuals designated below who survive the decedent: a. To the decedent's descendants by representation; b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1); c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation; d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half; e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; f. If there are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation. Amended 2004, c.132, s.47; 2005, c.331, s.3; 2009, c.43, s.3; 2023, c.238, s.2.
N.J. Stat. § 3A:25-44 — NJ Code / Title 3A / Chapter 25 / Section 25-44
Place of filing; delivery of copy to personal representative, fiduciary of decedent or donee of power or holder of legal title; real estate; recordation; book of "Disclaimers"
Status: in_force

a. The disclaimer shall be filed in the office of the surrogate or Superior Court in which proceedings have been commenced or will be commenced for the administration of the estate of the decedent or deceased donee of the power. A copy of such disclaimer shall also be delivered in person or mailed by registered or certified mail to any personal representative, other fiduciary of the decedent or donee of the power or to the holder of the legal title to which the interest relates. b. If real property or any interest therein is disclaimed, the surrogate or clerk of the superior court, as the case may be, shall forthwith forward a copy of the disclaimer for filing in the office of the clerk or register of deeds and mortgages of the county in which the real property is situated. Each county clerk or register of deeds and mortgages shall provide a book to be entitled "Disclaimers" , so arranged that he may record therein: (1) The name of the disclaimant; (2) The name of the decedent or the name of the donee of the power of appointment; (3) The location of the property; (4) The file number of the county clerk's office or the office of register of deeds and mortgages indorsed upon each disclaimer filed; (5) The date of filing the disclaimer. The county clerk or the register of deeds and mortgages shall maintain in said record an alphabetical index of the names of all disclaimants stated in any disclaimer file, and also keep in his office for public inspection, all disclaimers so filed therein. L.1979, c. 484, s. 6 eff. Feb. 28, 1980.
N.J. Stat. § 3B:14-20 — NJ Code / Title 3B / Chapter 14 / Section 14-20
Discharge of one or more joint fiduciaries
Status: in_force

When there is more than one fiduciary they may all, or any one or more of them, be discharged. L.1981, c. 405, s. 3B:14-20, eff. May 1, 1982.
N.J. Stat. § 3B:3-37 — NJ Code / Title 3B / Chapter 3 / Section 3-37
Residuary devise to two or more residuary devisees; death of one or more before testator
Status: in_force

When a residuary devise shall be made to two or more persons by the will of any testator, unless a contrary intention shall appear by the will, the share of any residuary devisees dying before the testator and not saved from the lapse by N.J.S. 3B:3-35, or not capable of taking effect because of any other circumstance or cause, shall go to and be vested in the remaining residuary devisees, if any there be, and if more than one, then to the remaining residuary devisees in proportion to their respective shares in the residue. L.1981, c. 405, s. 3B:3-37, eff. May 1, 1982.
N.J. Stat. § 3B:26-1 — NJ Code / Title 3B / Chapter 26 / Section 26-1
Definition of absent person
Status: in_force

As used in this chapter, an absent person means any person who has disappeared, or been confined or detained by a foreign power. L.1981, c. 405, s. 3B:26-1, eff. May 1, 1982.
N.J. Stat. § 3B:19B-2 — NJ Code / Title 3B / Chapter 19B / Section 19B-2
Definitions
Status: in_force

2. Definitions. As used in this act: "Accounting period" means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends. "Beneficiary" includes, in the case of a decedent's estate, an heir, legatee and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. "Fiduciary" means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function. "Income" means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in sections 10 through 23 of this act. "Income beneficiary" means a person to whom net income of a trust is or may be payable. "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. "Mandatory income interest" means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this act to or from income during the period. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. "Principal" means property held in trust for distribution to a remainder beneficiary when the trust terminates. "Remainder beneficiary" means a person entitled to receive principal when an income interest ends. "Terms of a trust" means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by a court. L.2001,c.212,s.2.
N.J. Stat. § 3B:22-4 — NJ Code / Title 3B / Chapter 22 / Section 22-4
Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution.
Status: in_force

3B:22-4. Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death. If a claim is not so presented to the personal representative within nine months from the date of the decedent's death, the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim. Amended 2004, c.132, s.84.
N.J. Stat. § 3B:31-79 — NJ Code / Title 3B / Chapter 31 / Section 31-79
Limitation on personal liability of trustee.
Status: in_force

3B:31-79. Limitation on Personal Liability of Trustee. a. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. b. A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault. c. A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. L.2015, c.276, s.1.
N.J. Stat. § 3B:3-45 — NJ Code / Title 3B / Chapter 3 / Section 3-45
Exercise of power of appointment.
Status: in_force

3B:3-45. Exercise of power of appointment. a. Unless the terms of a will, trust, or other governing instrument expressly provide otherwise, whenever such will , trust, or other governing instrument grants a power of appointment to another person, who as the power holder is authorized to further dispose of the property amongst appointees selected by the power holder, that power holder, other than a power holder acting in the capacity of a trustee or other fiduciary, shall be deemed authorized to exercise the power of appointment to create less than absolute interests for the benefit of one or more permissible appointees of the power, including interests in trust and the creation of new powers of appointment, whether general or limited, exercisable by the one or more appointees. A direction in the will, trust, or governing instrument that property subject to a power of appointment be distributed "to" an appointee, or to an appointee "outright," "in fee simple," "absolutely," "forever," or any other term, phrase, or statement of similar import, shall not be deemed to evidence the intent of the testator, settlor, or creator of the governing instrument to prohibit the exercise of a power of appointment to create less than absolute interests, including interests in trust. b. A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power. amended 2017, c.316.
N.J. Stat. § 3B:19B-18 — NJ Code / Title 3B / Chapter 19B / Section 19B-18
Liquidating asset
Status: in_force

18. Liquidating Asset. a. As used in this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to section 17 of this act, resources subject to section 19 of this act, timber subject to section 20 of this act, an activity subject to section 22 of this act, an asset subject to section 23 of this act, or any asset for which the trustee establishes a reserve for depreciation under section 26 of this act. b. A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal. L.2001,c.212,s.18.
N.J. Stat. § 3B:5-9 — NJ Code / Title 3B / Chapter 5 / Section 5-9
Adopted child.
Status: in_force

3B:5-9. 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, the relationships and rights of a minor adopted child shall be those as provided in section 14 of P.L.1977, c.367 (C.9:3-50), and the relationships and rights of an adopted adult shall be as provided in N.J.S.2A:22-3. Amended 2004, c.132, s.51.
N.J. Stat. § 3B:3-10 — NJ Code / Title 3B / Chapter 3 / Section 3-10
Incorporation by reference
Status: in_force

Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. L.1981, c. 405, s. 3B:3-10, eff. May 1, 1982.
N.J. Stat. § 3B:31-51 — NJ Code / Title 3B / Chapter 31 / Section 31-51
Removal of trustee.
Status: in_force

3B:31-51. Removal of Trustee. a. The settlor, a co-trustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. b. The court may remove a trustee for any of the reasons stated in N.J.S.3B:14-21. c. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries. L.2015, c.276, s.1.
N.J. Stat. § 3B:20-11.8 — NJ Code / Title 3B / Chapter 20 / Section 20-11.8
Incurrence of costs by fiduciary
Status: in_force

8. In investing and managing trust assets, a fiduciary may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the fiduciary. A fiduciary who delegates investment and management functions pursuant to section 10 of P.L.1997, c.26 (C.3B:20-11.10) shall control the overall costs of the delegation, including making a reduction in the amount of corpus commissions otherwise allowable to the fiduciary with respect to the trust assets for which investment responsibility has been delegated, which reduction shall take account of the duties and responsibilities retained by the fiduciary with respect to such assets. L.1997,c.26,s.8.
N.J. Stat. § 3B:31-20 — NJ Code / Title 3B / Chapter 31 / Section 31-20
Written trusts created in other jurisdictions.
Status: in_force

3B:31-20. Written Trusts Created in Other Jurisdictions. A written trust not created by will is validly created if its creation complies with the law of the jurisdiction in which: a. the trust instrument was executed; b. at the time the trust was created, the settlor was domiciled, had a place of abode, or was a national; c. at the time the trust was created, a trustee was domiciled or had a place of business; or d. at the time the trust was created, any trust property was located. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-55 — NJ Code / Title 3B / Chapter 31 / Section 31-55
Duty of loyalty.
Status: in_force

3B:31-55. Duty of Loyalty. a. A trustee shall administer the trust with undivided loyalty to and solely in the best interests of the beneficiaries. b. Subject to the rights of persons dealing with or assisting the trustee as provided in N.J.S.3B:14-37, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction was approved by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by N.J.S.3B:31-74; (4) the beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with N.J.S.3B:31-78; or (5) the transaction involves a contract entered into or a claim acquired by the trustee before the person became a trustee. c. A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with: (1) the trustee's spouse or partner in a civil union; (2) the trustee's parents, parents' descendants, or the spouse or partner in a civil union of any of the foregoing; (3) an agent, accountant, or attorney of the trustee; or (4) a corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's judgment. d. A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage attributable to the existence of the trust is voidable by the beneficiary if the beneficiary establishes that the transaction was unfair to the beneficiary. e. A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust. f. In voting shares of stock of a corporation or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries and shall vote to elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries. g. This section does not preclude the following transactions, if fair to the beneficiaries: (1) an agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (2) payment of reasonable compensation to the trustee; (3) a transaction between the trust and another trust, decedent's estate, guardianship, conservatorship, or other fiduciary relationship of which the trustee is a fiduciary or in which a beneficiary has an interest; (4) a deposit of trust money in a regulated financial-service institution operated by or affiliated with the trustee; or (5) an advance by the trustee of money for the protection of the trust. h. The court may appoint a special fiduciary to make decisions with respect to any proposed transaction that might violate this section if entered into by the trustee. L.2015, c.276, s.1.
N.J. Stat. § 3B:16-7 — NJ Code / Title 3B / Chapter 16 / Section 16-7
Selection of property to be exempted
Status: in_force

From the completed inventory, the widow of the decedent, or his personal representative may select personal property to the value of $5,000.00 and a list of the property selected shall be annexed to the inventory. Personal property so selected shall thereupon become the property of the family and remain for their use. L.1981, c. 405, s. 3B:16-7, eff. May 1, 1982.
N.J. Stat. § 3B:20-1 — NJ Code / Title 3B / Chapter 20 / Section 20-1
Definitions
Status: in_force

3B:20-1. Definitions. As used in this chapter: a. "Trust instrument" means and includes a will, deed, agreement, court order or other instrument pursuant to which money or other property is entrusted to a fiduciary; b. "Fiduciary" means an individual or corporation that is authorized to act as or acts as a trustee, personal representative, conservator, guardian, and every other individual or corporation charged with the duty of administering a trust estate; c. "Trust estate" or "trust assets" means money or other property entrusted to a fiduciary; d. (Deleted by amendment, P.L.1997, c.26.) e. "Beneficiary" means an individual or corporation for whose benefit a fiduciary acts or is authorized to act. Amended 1983, c.192, s.2; 1995, c.48, s.1; 1997, c.26, s.13.
N.J. Stat. § 3B:11-35 — NJ Code / Title 3B / Chapter 11 / Section 11-35
Settlement, dissolution, merger
Status: in_force

The board shall settle a community trust by filing a final accounting in the Superior Court. In addition, at any time prior to the settlement of the final account, the board, the Secretary of State, or the Attorney General may bring an action for the dissolution of a nonprofit corporation in the Superior Court for the purpose of terminating the trust or merging it with another charitable trust. No trustee or any private individual shall be entitled to share in the distribution of any of the trust assets upon dissolution, merger, or settlement of the community trust. Upon dissolution, merger, or settlement, the Superior Court shall distribute all of the remaining net assets of the community trust in a manner that is consistent with the purposes of this act. L. 1985, c. 424, s. 17.
N.J. Stat. § 3B:10-23 — NJ Code / Title 3B / Chapter 10 / Section 10-23
Duty of personal representative to settle and distribute estate
Status: in_force

A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by law, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate. L.1981, c. 405, s. 3B:10-23, eff. May 1, 1982.
N.J. Stat. § 3B:3-21 — NJ Code / Title 3B / Chapter 3 / Section 3-21
Probate of will where witnesses are in service in time of war
Status: in_force

When the only living subscribing witness or witnesses, to the will of a resident of this State, is not or are not available in this State to prove the will, because of absence from the State while in the armed forces of the United States or of any ally of the United States, or while in the merchant marine, in time of war or national emergency, the will shall be admitted to probate upon proof of the signatures of the witnesses to the will, provided the will would then have been admitted to probate if the witnesses were dead. L.1981, c. 405, s. 3B:3-21, eff. May 1, 1982.
N.J. Stat. § 3B:12-54.1 — NJ Code / Title 3B / Chapter 12 / Section 12-54.1
Trusts for certain beneficiaries providing deferred distribution of funds.
Status: in_force

2. In the event that any part of an intestate estate passes to the decedent's issue pursuant to N.J.S.3B:5-4, and if any such issue shall not have attained the age of 18 at the time such part of the intestate estate would pass to such issue, such part may pass as follows: a. The parent or guardian of such issue or any other individual with standing may apply to the Superior Court, Chancery Division, Probate Part in the county in which the decedent was domiciled for permission to place all, or any part, of the funds passing to such issue in a separate trust for the exclusive benefit of such issue. b. The terms of the trust may provide as follows: (1) The trust assets and the income therefrom shall be used for the exclusive benefit of the beneficiary, including but not limited to the beneficiary's health, support, maintenance and education, including college and post-graduate work, in the discretion of the trustees; (2) The beneficiary shall have the right to request distributions of trust principal as follows: one-third of the principal after attaining the age of 25 years, one-half of the then balance after attaining the age of 30 years, and all of the then balance after attaining the age of 35 years; or at such other ages as the court, in its discretion, shall determine; (3) Should the beneficiary die prior to the termination of the trust, the remaining trust principal and accrued income shall be distributed to the beneficiary's estate; (4) Two individual trustees, or one corporate trustee, or a combination thereof, shall serve at all times, with or without bond, as the court shall determine in its discretion; and (5) Such other terms and conditions of the trust as the court shall determine in its discretion. c. In ruling on such an application, the court: (1) may allow any award from the federal "September 11th Victim Compensation Fund of 2001" to be the subject of a trust created pursuant to this section or be included in such a trust, regardless of whether such an award is found to pass to a minor issue of the decedent pursuant to N.J.S.3B:5-4 or otherwise; and (2) shall consider all relevant factors, including but not limited to the amount of money involved, the availability of other resources for current maintenance and support, the stability of the entity offering an investment covered by the application, income tax consequences, any special needs or vulnerabilities of the minor and the financial and psychological consequences of putting all or a substantial part of the minor's estate out of reach for a long period of time. d. The court shall retain jurisdiction of the trust until its termination. The beneficiary's parent, guardian, trustee or other individual with standing, including the beneficiary if he or she has attained the age of 18 years, may apply to the court at any time for modifications to the terms of the trust. Modifications may be made in the court's discretion. L.2003,c.258,s.2.
N.J. Stat. § 3B:12-61 — NJ Code / Title 3B / Chapter 12 / Section 12-61
Power of guardian to act as personal representative of the estate of a deceased incapacitated person.
Status: in_force

3B:12-61. Power of guardian to act as personal representative of the estate of a deceased incapacitated person. If within 40 days after the death of an incapacitated person, no other person has been appointed personal representative and no action for an appointment is pending in the Superior Court or Surrogate's court of the county where the incapacitated person resided at his death, the guardian may apply to the Superior Court for authority to exercise the powers and duties of a personal representative so that he may proceed to administer and distribute the decedent's estate without additional or further appointment. Upon application for an order granting the powers of a personal representative to a guardian, after notice to all persons interested in the incapacitated person's estate either as heirs or devisees and including any person nominated executor in any will of which the applicant is aware, the court may order the conferral of those powers, upon determining that there is no objection, and may enter judgment that the guardian has all of the powers and duties of a personal representative. The making and entry of a judgment under this section shall have the effect of an order of appointment of a personal representative, except that the estate in the name of the guardian, after administration, may be distributed to persons entitled to the decedent's estate under his will or the laws of intestacy without prior retransfer to the guardian as personal representative. Amended 2005, c.304, s.43.
N.J. Stat. § 3B:14-24 — NJ Code / Title 3B / Chapter 14 / Section 14-24
Authorization to exercise other powers.
Status: in_force

3B:14-24. The court having jurisdiction of the estate or trust may authorize the fiduciary to exercise any other power or to disclaim any power, if the court determines such exercise or disclaimer is necessary or advisable which in the judgment of the court is necessary for the proper administration of the estate or trust. Amended 2004, c.132, s.80.
N.J. Stat. § 3A:37-4 — NJ Code / Title 3A / Chapter 37 / Section 37-4
Bar by jointure; dower
Status: in_force

A widow may be barred of her dower by jointure.
N.J. Stat. § 3B:13A-22 — NJ Code / Title 3B / Chapter 13A / Section 13A-22
Persons to whom funds may be paid
Status: in_force

Funds expended under N.J.S. 3B:13A-18 may be paid by the conservator to any person, including the conservatee, to reimburse the conservator for expenditures which he has made, or in advance for services to be rendered to the conservatee when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:3-43 — NJ Code / Title 3B / Chapter 3 / Section 3-43
Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent.
Status: in_force

3B:3-43. If specifically devised property is sold or mortgaged by a guardian for a testator, or by an agent acting within the authority of a durable power of attorney for an incapacitated individual, or if a condemnation award, insurance proceeds or recovery for injury to the property are paid to a guardian for a testator or such agent as a result of condemnation, fire or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds or the recovery. This section does not apply if subsequent to the sale, mortgage, condemnation, casualty, or recovery the guardianship is terminated or the durable power of attorney is revoked by the testator and the testator survives by 1 year the judgment terminating the guardianship or such revocation. The right of the specific devisee under this section is reduced by any right he has under N.J.S.3B:3-44. L.1981, c.405, s.3B:3-43, eff. May 1, 1982; amended 2004, c.132, s.36.
N.J. Stat. § 3B:3-22 — NJ Code / Title 3B / Chapter 3 / Section 3-22
Time for probate of will; preliminary filing
Status: in_force

No will shall be admitted to probate until after 10 days from the death of the testator; but the complaint and other papers in any action for the probate of a will may be filed, and the depositions of the witnesses thereto and the qualification of the executor or administrator with the will annexed may be taken at any time subsequent to the death of the testator and before the will is admitted to probate. L.1981, c. 405, s. 3B:3-22, eff. May 1, 1982.
N.J. Stat. § 3B:26-4 — NJ Code / Title 3B / Chapter 26 / Section 26-4
Powers, duties and responsibilities of trustee or court
Status: in_force

The trustee shall have all the powers, duties and responsibilities of a guardian of the estate of a minor, and the court shall have all the powers, for the benefit of any person, which it has for the benefit of a minor for whom a guardian has been appointed. The court shall have the same powers, without appointing a trustee, to authorize, direct or ratify any single or more than one transaction necessary or desirable to achieve any security, service, care or protective arrangement, which it has in the case of a minor for whom no general guardian has been appointed. L.1981, c. 405, s. 3B:26-4, eff. May 1, 1982.
N.J. Stat. § 3B:14-41 — NJ Code / Title 3B / Chapter 14 / Section 14-41
Actions against fiduciaries; proof of proper administration
Status: in_force

The failure of a fiduciary to plead in an action against him in a representative capacity that he has fully administered the estate or the extent to which he has administered the estate shall not preclude him from proving his due administration of the estate in an action against him personally on a judgment recovered against him in the original action in his representative capacity. Notice by the fiduciary of his intention to prove administration must be given 20 days before trial. L.1981, c. 405, s. 3B:14-41, eff. May 1, 1982.
N.J. Stat. § 3B:27-3 — NJ Code / Title 3B / Chapter 27 / Section 27-3
Protection of personal representative or trustee making distribution
Status: in_force

A personal representative or trustee who pays over or delivers a devise, distributive share or any interest in property held in trust, to which a person declared dead by virtue of this chapter would, if living, be entitled, or which is given to a person so declared dead, for life or otherwise, with a limitation over to take effect in possession or enjoyment at or after the death of that person, shall be fully discharged from any and all liability to the person so declared dead, and to his personal representative and all persons claiming under him, upon filing with the surrogate of the proper county, or the clerk of the Superior Court as the case may be, the releases of the persons who would be entitled to the devise, share or interest if the person so declared to be dead were actually dead, together with their refunding bonds to the fiduciary. The bond shall be in the amount or value of the money or property so distributed, without sureties and upon the condition that the money or property so distributed will be refunded to the fiduciary in the event that the refunding should be required. Any person claiming the devise, share or interest may sue upon the bond as if it had been assigned to him. L.1981, c. 405, s. 3B:27-3, eff. May 1, 1982.
N.J. Stat. § 3B:12A-2 — NJ Code / Title 3B / Chapter 12A / Section 12A-2
Definitions relative to kinship legal guardianship.
Status: in_force

As used in sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.): "Caregiver" means a person over 18 years of age, other than a child's parent, who has a kinship relationship with the child and has been providing care and support for the child, while the child has been residing in the caregiver's home, for either the last six consecutive months or nine of the last 15 months. "Caregiver" includes a resource family parent as defined in section 1 of P.L.1962, c.136 (C.30:4C-26.4). "Child" means a person under 18 years of age, except as otherwise provided in P.L.2001, c.250 (C.3B:12A-1 et al.). "Commissioner" means the Commissioner of Children and Families. "Court" means the Superior Court, Chancery Division, Family Part. "Department" means the Department of Children and Families. "Division" means the Division of Child Protection and Permanency in the Department of Children and Families. "Family friend" means a person who is connected to a child or the child's parent by an established positive psychological or emotional relationship that is not a biological or legal relationship. "Home review" means the basic review of the information provided by the petitioner and a visit to the petitioner's home where the child will continue to reside, in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner. "Kinship caregiver assessment" means a written report prepared in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner. "Kinship legal guardian" means a caregiver who is willing to assume care of a child due to parental incapacity, with the intent to raise the child to adulthood, and who is appointed the kinship legal guardian of the child by the court pursuant to P.L.2001, c.250 (C.3B:12A-1 et al.). A kinship legal guardian shall be responsible for the care and protection of the child and for providing for the child's health, education and maintenance. "Kinship relationship" means a family friend or a person with a biological or legal relationship with the child. "Parental incapacity" means incapacity of such a serious nature as to demonstrate that the parent is unable, unavailable, or unwilling to perform the regular and expected functions of care and support of the child. L.2001, c.250, s.2; amended 2006, c.47, s.31; 2012, c.16, s.13; 2021, c.154, s.2.
N.J. Stat. § 3B:14-61.17 — NJ Code / Title 3B / Chapter 14 / Section 14-61.17
Uniformity of application and construction.
Status: in_force

17. Uniformity of Application and Construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. L.2017, c.237, s.17.
N.J. Stat. § 3B:31-34 — NJ Code / Title 3B / Chapter 31 / Section 31-34
Combination and division of trusts.
Status: in_force

3B:31-34. Combination and Division of Trusts. a. Subject to subsection b. of this section, (1) the trustees of two or more trusts or parts of trusts may combine the trusts or parts thereof into a single trust, even if such trusts or parts thereof are created by different settlors or under different instruments, and even if the trusts have different trustees; and (2) the trustees of a single trust may divide the trust into two or more separate trusts, in which case distributions provided by the governing instrument may be made from one or more of the separate trusts. b. A combination or division under this section may be effected only if the result does not impair rights of any beneficiary or adversely affect the achievement of the purposes of the trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:8-3 — NJ Code / Title 3B / Chapter 8 / Section 8-3
Meaning of "augmented estate."
Status: in_force

3B:8-3. Meaning of "augmented estate." The "augmented estate" means the estate reduced by funeral and administration expenses, and enforceable claims, to which is added the value of property transferred by the decedent at any time during marriage, or during a domestic partnership, to or for the benefit of any person other than the surviving spouse or domestic partner, to the extent that the decedent did not receive adequate and full consideration in money or money's worth for the transfer, if the transfer is of any of the following types: a. Any transfer made after May 28, 1980, under which the decedent retained at the time of his death the possession or enjoyment of, or right to income from, the property; b. Any transfer made after May 28, 1980, to the extent that the decedent retained at the time of his death a power, either alone or in conjunction with any other person, to revoke or to consume, invade or dispose of the principal for his own benefit; c. Any transfer made after May 28, 1980, whereby property is held at the time of decedent's death by decedent and another with right of survivorship; d. Any transfer made, after May 28, 1980, if made within 2 years of death of the decedent, to the extent that the aggregate transfers to any one donee in either of the years exceed $3,000.00. Amended 2005, c.331, s.9.
N.J. Stat. § 3A:36-2 — NJ Code / Title 3A / Chapter 36 / Section 36-2
Admeasurement.
Status: in_force

3A:36-2. A widow or widower entitled to dower or curtesy in real estate whereof her or his spouse died seized, an heir, devisee, or guardian of a minor or incapacitated person entitled to an estate in the real estate, or a purchaser thereof, may institute an action in the Superior Court for the assignment to the widow or widower of her or his dower or curtesy therein. Amended 1991, c.91, s.149; 1997, c.379, s.1.
N.J. Stat. § 3B:19B-11 — NJ Code / Title 3B / Chapter 19B / Section 19B-11
Distribution from trust or estate
Status: in_force

11. Distribution from Trust or Estate. A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, section 10 or 23 of this act applies to a receipt from the trust. L.2001,c.212,s.11.
N.J. Stat. § 3B:10-10 — NJ Code / Title 3B / Chapter 10 / Section 10-10
Executor de son tort
Status: in_force

Whereas it is sometimes practiced to the defrauding of creditors, that persons who are entitled to the administration of the estate of an intestate will not accept administration, but suffer or procure the administration to be granted to others of indigent circumstances, from whom they, or others, by their means, by deeds of gifts, or by letters of attorney, obtain the estate of the intestate into their hands, and are not subject to the payment of the debts of the intestate, and so the creditors cannot have or recover their just debts and demands; therefore, if any person shall obtain, receive and have, any property or debts of an intestate, or a release or other discharge of any debt or duty due the intestate, upon any fraud as herein provided, without valuable consideration as shall amount to the value of the property or debts, or near thereabouts except it be in or towards satisfaction of some just debt, of the value of the same property or debts, to him owing by the intestate at the time of his decease, the person shall be charged and chargeable as executor of his own wrong so far only, as all the property and debts coming to his hands, or whereof he is released or discharged by the administrator, will satisfy. However he shall not be charged for those just debts, contracted without fraud and upon a good consideration, which are owing to him by the intestate at the time of his decease, nor for payments made by him which lawful executors or administrators ought to pay. L.1981, c. 405, s. 3B:10-10, eff. May 1, 1982.
N.J. Stat. § 3B:17-2 — NJ Code / Title 3B / Chapter 17 / Section 17-2
Accounts of personal representatives
Status: in_force

A personal representative may settle his account or be required to settle his account in the Superior Court. Unless for special cause shown, he shall not be required to account until after the expiration of 1 year after his appointment. L.1981, c. 405, s. 3B:17-2, eff. May 1, 1982.
N.J. Stat. § 3B:20-7 — NJ Code / Title 3B / Chapter 20 / Section 20-7
Directions of court concerning the sale, conversion or retention of investments
Status: in_force

3B:20-7. Directions of court concerning the sale, conversion or retention of investments. When securities or other property come into possession of a fiduciary as part of the assets of the trust estate the fiduciary is to administer or manage, the fiduciary may apply to the court for direction as to the sale, conversion or retention of the securities or property. The court shall make an order as it shall deem most advantageous to the trust estate and the interests of persons entitled to share therein. Amended 1997, c.26, s.14.
N.J. Stat. § 3B:30-11 — NJ Code / Title 3B / Chapter 30 / Section 30-11
Establishment of terms, conditions by registering entity
Status: in_force

11. a. A registering entity offering to accept registration in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form, and for implementation of registrations in beneficiary form, including requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by decedents of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions. b. The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (1) sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.; (2) multiple owners-sole beneficiary: John S. Brown, Mary B. Brown JT TEN TOD John S. Brown Jr.; (3) multiple owner-primary and secondary (substituted) beneficiaries: John S. Brown, Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS. L.1995,c.130,s.11.
N.J. Stat. § 3B:12B-20 — NJ Code / Title 3B / Chapter 12B / Section 12B-20
Effect of registration.
Status: in_force

20. Effect of registration. a. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties. b. A court of this State may grant any relief available under P.L.2012, c.36 (C.3B:12B-1 et al.) and other law of this State to enforce a registered order. c. A court of this State shall recognize and enforce, but may not modify, except in accordance with P.L.2012, c.36 (C.3B:12B-1 et al.), a registered order. L.2012, c.36, s.20.
N.J. Stat. § 3B:8-17 — NJ Code / Title 3B / Chapter 8 / Section 8-17
Value of surviving spouse's or domestic partner's interest in any life estate.
Status: in_force

3B:8-17. Value of surviving spouse's or domestic partner's interest in any life estate. In an action for an elective share, the electing spouse's or domestic partner's total or proportional beneficial interest in any life estate in real or personal property or in any trust shall be valued at one-half of the total value of the property or trust or of the portion of the property or trust subject to the life estate. Amended 2005, c.331, s.20.
N.J. Stat. § 3B:12-69 — NJ Code / Title 3B / Chapter 12 / Section 12-69
Definitions.
Status: in_force

3. As used in P.L.1995, c.76 (C.3B:12-67 et seq.): "Activating event" means an event stated in the petition or decree that empowers the standby guardian to assume the duties of the office. Activating events include, but are not limited to: the appointment of a standby guardian by a court of competent jurisdiction; the parent's, custodian's, or guardian's attending physician concludes that the parent, custodian, or guardian is incapacitated; the parent's, custodian's, or guardian's attending physician concludes that the parent, custodian, or guardian is debilitated; the parent, custodian, or guardian is subject to immigration administrative action; the parent, custodian, or guardian is subject to criminal proceedings; the parent, custodian, or guardian is in military service; or the death of the parent, custodian, or guardian in circumstances in which no testamentary guardianship or other more permanent care arrangement has been made for the minor child or minor ward; provided, however, that in no case shall a power of attorney triggered by the death of a parent, guardian, or custodian extend beyond the year that the power of attorney is in effect. "Appointed standby guardian" means a person appointed pursuant to section 6 of P.L.1995, c.76 (C.3B:12-72) to assume the duties of guardian over the person and, when applicable, the property of a minor child or minor ward upon an activating event. "Attending physician" means the physician who has primary responsibility for the treatment and care for the petitioning parent, custodian, or guardian. When more than one physician shares this responsibility, or when a physician is acting on the primary physician's behalf, any such physician may act as the attending physician pursuant to this act. When no physician has this responsibility, a physician who is familiar with the petitioner's medical condition may act as the attending physician pursuant to P.L.1995, c.76 (C.3B:12-67 et seq.). "Criminal proceeding" means any incarceration on criminal charges, including pending charges, or a criminal sentence that separates a parent, custodian, or guardian from a minor child or minor ward. "Custodian" means a person, other than a parent, who has been granted legal and physical custody of a minor child by a court of competent jurisdiction. "Debilitated" means the parent, custodian, or guardian has a chronic and substantial inability, as a result of a physically debilitating illness, disease, or injury, to care for the parent's, custodian's, or guardian's minor child or minor ward. "Guardian" means a person who has qualified as a guardian of the person of a minor pursuant to court appointment, including, but not limited to, a kinship legal guardian, but does not mean a person who is serving only as a guardian ad litem. "Immigration administrative action" means any immigration proceeding, enforcement action, detention, removal, or deportation that separates a parent, custodian, or guardian from a minor child or ward. "Incapacitated" means the parent, custodian, or guardian is impaired by reason of mental illness, intellectual disability, physical illness or disability, substance use disorder, or other cause, except minority, to the extent that the person lacks sufficient capacity to manage the affairs of and provide care for the parent's, custodian's, or guardian's minor child or minor ward. "Military service" means duty by any person in the active military service of the United States or the active military service of the State, including in the National Guard or State Guard, that separates a parent, custodian, or guardian from a minor child or minor ward. "Minor child" means a child under the age of 18 years but excludes a child residing in a placement funded or approved by the Division of Child Protection and Permanency in the Department of Children and Families pursuant to either a voluntary placement agreement or court order. "Minor ward" means a minor for whom a guardian is appointed. L.1995, c.76, s.3; amended 2006, c.47, s.30; 2012, c.16, s.12; 2021, c.192, s.3; 2023, c.177, s.16.
N.J. Stat. § 3B:31-19 — NJ Code / Title 3B / Chapter 31 / Section 31-19
Requirements for creation.
Status: in_force

3B:31-19. Requirements for Creation. a. A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (a) a charitable trust; (b) a trust for the care of an animal, as provided in N.J.S.3B:31-24; or (c) a trust for a noncharitable purpose, as provided in N.J.S.3B:31-25; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary of all beneficial interests. b. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to the provisions of section 14 of P.L.1999, c.159 (C.46:2F-10) or any other applicable rule against perpetuities. c. A power in a trustee to select a beneficiary from an indefinite class is valid if exercised within a reasonable time and is not void as provided in section 14 of P.L.1999, c.159 (C.46:2F-10) or any other applicable rule against perpetuities or restraint on alienation. If invalid, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. d. A written instrument which creates a trust or transfers property to a trust shall not be invalid or ineffective because the transferee is identified as the trust rather than the trustee thereof. L.2015, c.276, s.1.
N.J. Stat. § 3B:19B-4 — NJ Code / Title 3B / Chapter 19B / Section 19B-4
Trustee's power to adjust.
Status: in_force

4. Trustee's Power to Adjust. a. A trustee may adjust between principal and income if the terms of the trust describe the amount that may or shall be distributed to a beneficiary by referring to the trust's income and the trustee determines, after applying the rules in subsection a. of section 3 of this act, that the trustee is unable to comply with subsection b. of section 3 of this act. A decision by a trustee to adjust the distribution to the income beneficiary or beneficiaries in any accounting period to an amount not less than three percent nor more than five percent, or in accordance with such other percentages as may be approved for trust distribution adjustment purposes from time to time by the United States Department of the Treasury or the Internal Revenue Service, of the net fair market value of the trust assets on the first business day of that accounting period shall be presumed to be fair and reasonable to all of the beneficiaries. Any adjustment by a trustee between income and principal with respect to any accounting period shall be made during that accounting period or within 65 days after the end of that period. This subsection shall apply to a trust that is administered in New Jersey under New Jersey law unless contrary to the provisions of the governing instrument. b. In deciding whether and to what extent to exercise the power conferred by subsection a. of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant: (1) the nature, purpose and expected duration of the trust; (2) the intent of the settlor; (3) the identity and circumstances of the beneficiaries; (4) the needs for liquidity, regularity of income and preservation and appreciation of capital; (5) the assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor; (6) the net amount allocated to income under the other sections of this act and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available; (7) whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; (8) the actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; (9) the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries that arise from elections and decisions regarding tax matters, the imposition of an income or other tax on the fiduciary or a beneficiary as a result of a transaction involving a distribution from the estate or trust, or the ownership of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust or a beneficiary; and (10) the anticipated tax consequences of an adjustment. c. A trustee shall not make an adjustment: (1) that diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment; (2) that reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion; (3) that changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (4) from any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside; (5) if possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment; (6) if possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment; (7) if the trustee is a beneficiary of the trust; or (8) that satisfies the trustee's obligation of support or other legal obligation. d. If paragraph (5), (6), (7) or (8) of subsection c. of this section applies to a trustee and there is more than one trustee, a co-trustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust. e. A trustee may release the entire power conferred by subsection a. of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (1) through (6) or (8) of subsection c. of this section, or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection c. of this section. The release may be permanent or for a specified period, including a period measured by the life of an individual. f. Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection a. of this section. L.2001, c.212, s.4; amended 2007, c.93.
N.J. Stat. § 3B:15-3 — NJ Code / Title 3B / Chapter 15 / Section 15-3
Bond where will requires bond and fails to name obligee; prosecution
Status: in_force

When a will nominating an executor or devising or bequeathing property to a trustee by its terms requires the executor or trustee to give bond but is silent as to who shall be the obligee in the bond, the Superior Court of this State may be made the obligee therein and the bond shall be approved as to amount and sureties by, and filed with, the surrogate of the county wherein the will was probated, unless the will was probated before the Superior Court, in which case the bond shall, after approval, be filed with the clerk thereof. If forfeited, the bond may be prosecuted and the money recovered thereon be applied, all as in the case of other bonds of fiduciaries given to the Superior Court. L.1981, c. 405, s. 3B:15-3, eff. May 1, 1982.
N.J. Stat. § 3B:20-5 — NJ Code / Title 3B / Chapter 20 / Section 20-5
Limitation on authority to register securities in name of nominee
Status: in_force

A fiduciary or fiduciaries may not register securities in the name of a nominee where any will, trust instrument or any order appointing or relating to any fiduciary or fiduciaries prohibits securities from being registered in the name of a nominee. L.1981, c. 405, s. 3B:20-5, eff. May 1, 1982.
N.J. Stat. § 3B:3-23 — NJ Code / Title 3B / Chapter 3 / Section 3-23
Proof of execution required in contested probate action
Status: in_force

If an issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the attesting witnesses, if within the State, competent and able to testify, is required. Other evidence is admissible as to the due execution of a will. L.1981, c. 405, s. 3B:3-23, eff. May 1, 1982.
N.J. Stat. § 3B:23-11 — NJ Code / Title 3B / Chapter 23 / Section 23-11
Interest on general pecuniary devise
Status: in_force

Interest on general pecuniary devise. General pecuniary devises shall bear interest beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will or unless the court, for good cause, waives the imposition of interest. The annual rate of interest on general pecuniary devises shall equal the average rate of return, to the nearest whole or one-half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment in the Department of the Treasury. L. 1981, c. 405; amended by L. 1987, c. 126, s. 1.
N.J. Stat. § 3B:13-5 — NJ Code / Title 3B / Chapter 13 / Section 13-5
No charges to be made for copies of certain records
Status: in_force

When a copy of a public record is required by a Federal agency for use in determining the eligibility of a person to participate in benefits made available by the agency, the official charged with the custody of the public record shall furnish a certified copy of the record without charge. L.1981, c. 405, s. 3B:13-5, eff. May 1, 1982.
N.J. Stat. § 3B:31-58 — NJ Code / Title 3B / Chapter 31 / Section 31-58
Costs of administration.
Status: in_force

3B:31-58. Costs of Administration. In administering a trust, the trustee may incur only costs that are appropriate and reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee. L.2015, c.276, s.1.
N.J. Stat. § 3B:26-3 — NJ Code / Title 3B / Chapter 26 / Section 26-3
Distribution or other disposition of property
Status: in_force

Distribution or any other disposition of the property of an absent person may be made under direction of the court when he is presumed dead under N.J.S. 3B:27-1, or sooner if the death of the absent person is established by evidence satisfactory to the court. If the absent person returns or the need for management or protection ceases before distribution or other disposition, the trustee shall restore to him the property, after deduction of the reasonable expenses of the trust and compensation of the trustees. L.1981, c. 405, s. 3B:26-3, eff. May 1, 1982.
N.J. Stat. § 3B:10-31 — NJ Code / Title 3B / Chapter 10 / Section 10-31
Powers and duties of successor representative
Status: in_force

A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will. L.1981, c. 405, s. 3B:10-31, eff. May 1, 1982.
N.J. Stat. § 3A:36-3 — NJ Code / Title 3A / Chapter 36 / Section 36-3
Where admeasurement cannot be had without prejudice; sale as in partition
Status: in_force

3A:36-3. When the Superior Court determines that the real estate, or part thereof, is so circumstanced that dower or curtesy cannot be assigned, admeasured and set off without prejudice to the owners, it may direct a sale thereof as in an action for partition where actual partition cannot be had without prejudice to owners, or in its discretion it may direct an assignment of the dower or curtesy from the rents and profits of the real estate. The court may order the real estate sold free from dower or curtesy, making compensation for the value thereof. Amended 1991,c.91,s.150.
N.J. Stat. § 3B:12-21 — NJ Code / Title 3B / Chapter 12 / Section 12-21
Persons entitled to appointment
Status: in_force

In an action for the appointment of a guardian of the person, guardian of the estate, or a guardian of the person and estate of a minor, the surrogate's court of the county wherein he resides or, if he is a nonresident, where his real or personal estate may be, or the Superior Court, upon inquiry into the circumstances, may appoint the parents or either of them or the survivor of them as the guardian of the person, guardian of the estate or guardian of the person and estate of the minor. If neither parent or the survivor of them will accept the guardianship, then the heirs, or some of them, may be appointed as guardian. If none of the heirs will accept the guardianship, then some other person shall be appointed as the guardian of the person, guardian of the estate or as guardian of the person and estate of the minor. This section shall not be construed to restrict the power of the court to appoint a substitute guardian on the application of the minor or otherwise. L.1981, c. 405, s. 3B:12-21, eff. May 1, 1982.
N.J. Stat. § 3B:30-4 — NJ Code / Title 3B / Chapter 30 / Section 30-4
Registration of security in beneficiary form.
Status: in_force

4. A security may be registered in beneficiary form if the form is authorized by this or similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. L.1995,c.130,s.4.
N.J. Stat. § 3B:12-1 — NJ Code / Title 3B / Chapter 12 / Section 12-1
Power of the court to order a protective arrangement.
Status: in_force

3B:12-1. Power of the court to order a protective arrangement. If it is established that a minor, an incapacitated person or an alleged incapacitated person or a person not yet in being has property or an interest therein which may be wasted or dissipated or that a basis exists for affecting the property or interest and affairs of a minor, an incapacitated person or an alleged incapacitated person or person not yet in being, or that funds are needed for the support, care and welfare of the minor, incapacitated person or alleged incapacitated person or those entitled to be supported by him, the court may, subject to the appointment of a guardian ad litem and upon notice to the guardian ad litem, without appointing a guardian of the estate, authorize, direct or ratify any single or more than one transaction necessary or desirable to achieve any security, service, care or protective arrangement meeting the foreseeable needs of the minor, incapacitated person or alleged incapacitated person or those dependent upon him. Amended 2005, c.304, s.1.
N.J. Stat. § 3B:18-7 — NJ Code / Title 3B / Chapter 18 / Section 18-7
Annual statement relating to corpus commissions taken
Status: in_force

A trustee under a will or a guardian shall, within 60 days after the end of each tax year of the trust or guardianship furnish to each beneficiary currently receiving income, and to any other beneficiary interested in the income and to any person interested in the principal of the trust or guardianship who shall make a demand therefor, a statement showing any corpus commissions taken during the tax year and the basis upon which those commissions were computed, including the inventory value and value as of the date the commissions were computed. L.1981, c. 405, s. 3B:18-7, eff. May 1, 1982.
N.J. Stat. § 3B:1-7 — NJ Code / Title 3B / Chapter 1 / Section 1-7
Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decedent
Status: in_force

Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a personal representative or to rights of creditors to any extent beyond that to which it would otherwise be if the testamentary trust was an inter vivos trust. L.1981, c. 405, s. 3B:1-7, eff. May 1, 1982.
N.J. Stat. § 3B:10-27 — NJ Code / Title 3B / Chapter 10 / Section 10-27
Right to possession of property transferred in fraud of creditors
Status: in_force

The right to possession of property transferred in fraud of creditors recovered for the benefit of creditors is exclusively in the personal representative. L.1981, c. 405, s. 3B:10-27, eff. May 1, 1982.
N.J. Stat. § 3B:22-22 — NJ Code / Title 3B / Chapter 22 / Section 22-22
Real property liable only 1 year for debts
Status: in_force

The real property of any person who shall die seized thereof or entitled thereto shall be and remain liable for the payment of his debts for 1 year after his decease, but may be sold free from liability for payment of debts by his personal representative upon application to the court upon terms and conditions as the court may direct for the protection of creditors, any alienation or encumbrance made or attempted to be made by his heirs or devisee to the contrary notwithstanding. Nothing herein contained shall affect any right of dower or curtesy in the real property. L.1981, c. 405, s. 3B:22-22, eff. May 1, 1982.
N.J. Stat. § 3B:13A-28 — NJ Code / Title 3B / Chapter 13A / Section 13A-28
Personal liability of conservator on contracts
Status: in_force

Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:14-34 — NJ Code / Title 3B / Chapter 14 / Section 14-34
Determining issues of liability between estate and fiduciary
Status: in_force

Issues of liability as between the estate and the fiduciary individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding. L.1981, c. 405, s. 3B:14-34, eff. May 1, 1982.
N.J. Stat. § 3B:12B-9 — NJ Code / Title 3B / Chapter 12B / Section 12B-9
Jurisdiction; determination.
Status: in_force

9. Jurisdiction; determination. a. A court of this State has jurisdiction to declare a person incapacitated and appoint a guardian or issue a protective order for a respondent if: (1) This State is the respondent's home state as defined in section 3 of P.L.2012, c.36 (C.3B:12B-3); or (2) On the date the petition is filed, this State is a significant-connection state, as defined in section 3 of P.L.2012, c.36 (C.3B:12B-3) and determined in accordance with section 10 of P.L.2012, c.36 (C.3B:12B-10), and: (a) the respondent either does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this State is a more appropriate forum; or (b) the respondent has a home state, a petition for an appointment or order is not pending in a court of another state or another significant-connection state, and, before this State's court acts: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court concludes that it is an appropriate forum under the factors set forth in section 13 of P.L.2012, c.36 (C.3B:12B-13); (3) Although this State does not have jurisdiction under either subsection a. or b. of this section, the home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the New Jersey and United States Constitutions; or b. A court of this State may assume emergency jurisdiction under section 11 of P.L.2012, c.36 (C.3B:12B-11). L.2012, c.36, s.9.
N.J. Stat. § 3B:5-13 — NJ Code / Title 3B / Chapter 5 / Section 5-13
Advancements.
Status: in_force

3B:5-13. a. If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if: (1) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or (2) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate. b. For purposes of subsection a., property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever occurs first. c. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing or the heir's written acknowledgment provides otherwise. Amended 2004, c.132, s.55.
N.J. Stat. § 3B:1-1 — NJ Code / Title 3B / Chapter 1 / Section 1-1
Definitions A to H.
Status: in_force

3B:1-1. As used in this title, unless otherwise defined: "Administrator" includes general administrators of an intestate and unless restricted by the subject or context, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, temporary administrators and administrators pendente lite. "Beneficiary," as it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer and as it relates to a charitable trust, and includes any person entitled to enforce the trust. "Child" means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any individual who is only a stepchild, a resource family child, a grandchild or any more remote descendant. "Claims" include liabilities whether arising in contract, or in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent, including funeral expenses and expenses of administration, but does not include estate or inheritance taxes, demands or disputes regarding title to specific assets alleged to be included in the estate. "Cofiduciary" means each of two or more fiduciaries jointly serving in a fiduciary capacity. "Descendant" of an individual means all of his progeny of all generations, with the relationship of parent and child at each generation being determined by the definition of child contained in this section and parent contained in N.J.S.3B:1-2. "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. "Devisee" means any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. "Distributee" means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A trustee is a distributee only to the extent of a distributed asset or increment thereto remaining in his hands. A beneficiary of a trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. "Domestic partner" means a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3). "Domiciliary foreign fiduciary" means any fiduciary who has received letters, or has been appointed, or is authorized to act as a fiduciary, in the jurisdiction in which the decedent was domiciled at the time of his death, in which the ward is domiciled or in which is located the principal place of the administration of a trust. "Estate" means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. "Fiduciary" includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with the designation "pay on death" (POD) or "transfer on death" (TOD), security registered in beneficiary form with the designation "pay on death" (POD) or "transfer on death" (TOD), pension, profit-sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. "Guardian" means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. "Heirs" means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled under the statutes of intestate succession to the property of a decedent. L.1981, c.405, s.3B:1-1, eff. May 1, 1982; amended 1997, c.379, s.2; 2004, c.130, s.15; 2004, c.132, s.1; 2005, c.331, s.1.
N.J. Stat. § 3A:25-42 — NJ Code / Title 3A / Chapter 25 / Section 25-42
Disclaimer on behalf of decedent, minor or incapacitated person by personal representative or guardian.
Status: in_force

4. A disclaimer on behalf of a decedent, minor, or incapacitated person may be made by the personal representative of the decedent or the guardian of the estate of the minor or incapacitated person. Such disclaimer shall not be effective unless, prior thereto, the personal representative or guardian has been authorized to disclaim by the court having jurisdiction of the estate of the decedent, minor, or incapacitated person, after finding that it is advisable and will not materially prejudice the rights of creditors, devisees, heirs, or beneficiaries of the decedent, the minor, or incapacitated person or his creditors, as the case may be. L.1979, c.484, s.4; amended 2013, c.103, s.20.
N.J. Stat. § 3B:20-11.11 — NJ Code / Title 3B / Chapter 20 / Section 20-11.11
Construction of terms
Status: in_force

11. The following terms or comparable language in a trust instrument, unless otherwise limited or modified by that instrument, shall be construed as authorizing any investment or strategy permitted under this act: "investments permissible by law for investment of trust funds," "legal investment," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule." L.1997,c.26,s.11.
N.J. Stat. § 3B:12-5 — NJ Code / Title 3B / Chapter 12 / Section 12-5
Right of alleged incapacitated person to trial on issue of incapacity.
Status: in_force

3B:12-5. Right of alleged incapacitated person to trial on issue of incapacity. Where application is made to the court for proceedings to affect the property and affairs of an alleged incapacitated person, and the alleged incapacitated person has not been adjudicated as such, the alleged incapacitated person or someone acting in his behalf may apply for a trial of the issue of incapacity in accordance with N.J.S.3B:12-24 and the Rules Governing the Courts of the State of New Jersey. Amended 2005, c.304, s.5.
N.J. Stat. § 3B:2-8 — NJ Code / Title 3B / Chapter 2 / Section 2-8
Penalty for failure to obey subpoena.
Status: in_force

3B:2-8. Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give evidence, without reasonable cause assigned, shall, for every such default or refusal, be subject to a fine of not more than $50.00, as the surrogate's court issuing the subpoena shall by judgment determine proper to impose. The fine, when collected, shall be paid to the county. In default of the payment of a fine so imposed, the surrogate's court by its judgment may commit the witness to the county jail of the county until it is paid or he is sooner discharged. The judgment of the surrogate's court imposing a fine or committing a witness to jail shall be reviewable by the Superior Court in the same manner as other judgments of the court are reviewed. L.1981, c.405, s.3B:2-8. eff. May 1, 1982; amended 2004, c.132, s.7.
N.J. Stat. § 3B:7-1.2 — NJ Code / Title 3B / Chapter 7 / Section 7-1.2
Effect of revocation.
Status: in_force

59. Provisions of a governing instrument are given effect as if the killer or relative of the killer disclaimed all provisions revoked by this chapter or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer or relative of the killer predeceased the decedent. L.2004,c.132,s.59.
N.J. Stat. § 3B:22-27 — NJ Code / Title 3B / Chapter 22 / Section 22-27
Estate passed by sale or conveyance
Status: in_force

A sale or conveyance of property directed to be sold by the court, as provided in N.J.S. 3B:22-26, when made by a personal representative, shall vest in the purchaser all the estate of which the decedent was seized or possessed at the time of his death. L.1981, c. 405, s. 3B:22-27, eff. May 1, 1982.
N.J. Stat. § 3B:23-23 — NJ Code / Title 3B / Chapter 23 / Section 23-23
Letters of trusteeship required before transfer to trustee
Status: in_force

It shall be unlawful for any fiduciary to transfer, pay over or distribute any devise, distributive share or part of the estate or trust in the possession or under the control of the fiduciary to a testamentary trustee or substituted testamentary trustee until letters of trusteeship shall have been issued to the testamentary trustee or substituted testamentary trustee. L.1981, c. 405, s. 3B:23-23, eff. May 1, 1982.
N.J. Stat. § 3B:8-9 — NJ Code / Title 3B / Chapter 8 / Section 8-9
Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death.
Status: in_force

3B:8-9. Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death. Property owned by the surviving spouse or domestic partner as of the decedent's death, or previously transferred by the surviving spouse or domestic partner, is presumed to have been derived from the decedent except to the extent that any party in interest establishes that it was derived from another source. Amended 2005, c.331, s.14.
N.J. Stat. § 3B:4-4 — NJ Code / Title 3B / Chapter 4 / Section 4-4
Administration of trust.
Status: in_force

3B:4-4. Unless the testator's will provides otherwise, property devised to a trust described in N.J.S.3B:4-2 shall not be deemed to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is devised and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. L.1981, c.405, s.3B:4-4, eff. May 1, 1982; amended 2004, c.132, s.42.
N.J. Stat. § 3B:13-28 — NJ Code / Title 3B / Chapter 13 / Section 13-28
Settlement of accounts.
Status: in_force

3B:13-28. The public guardian shall settle accounts in each estate in which the guardian is appointed at the times and in the same manner as other guardians of persons who are incapacitated. amended 2013, c.103, s.37.
N.J. Stat. § 3B:3-32 — NJ Code / Title 3B / Chapter 3 / Section 3-32
Requirement of survival by 120 hours; exceptions; survivorship with respect to future interests.
Status: in_force

3B:3-32. a. Except as provided in subsections b. and c., for purposes of construing a will, trust agreement, or other governing instrument, an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is deemed to have predeceased the event. b. If it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours. c. If there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners. d. The 120 hour survival requirement of subsections a., b. and c. shall not apply if: (1) the will, trust agreement, or other governing instrument, contains some language applicable to the event dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring survival for a stated time period; (2) application would cause a non-vested property interest or power of appointment to be invalid under a rule against perpetuities concerning an interest created prior to the enactment of P.L. 1999, c. 159 (effective on July 8, 1999); or (3) it is established by clear and convincing evidence that application to multiple governing instruments would result in an unintended failure or duplication of a disposition. e. For purposes of this section, "co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other or others. To the extent this section is inconsistent with the "Uniform Simultaneous Death Law" (N.J.S.3B:6-1 et seq.), the provisions of this section shall apply. L.1981, c.405, s.3B:3-32, eff. May 1, 1982; amended 2004, c.132, s.27.
N.J. Stat. § 3B:5-7 — NJ Code / Title 3B / Chapter 5 / Section 5-7
Relatives of the half blood
Status: in_force

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. L.1981, c. 405, s. 3B:5-7, eff. May 1, 1982.
N.J. Stat. § 3B:11-36 — NJ Code / Title 3B / Chapter 11 / Section 11-36
Findings, declarations regarding special needs trusts
Status: in_force

1. The Legislature finds and declares that: a. It is in the public interest to encourage persons to set aside amounts to supplement and augment assistance provided by government entities to persons with severe chronic disabilities; b. By enacting section 13611 of the federal Omnibus Budget Reconciliation Act of 1993, 42 U.S.C. s.1396p(d)(4), the United States Congress affirmed this view by permitting the establishment of a trust to supplement and augment assistance for a person who is disabled without disqualifying that person from benefits under the Medicaid program; c. In some instances, trusts must be established by a court in order to comply with the provisions of 42 U.S.C. s.1396p(d)(4); d. However, the current law in New Jersey does not specifically authorize the establishment of these trusts and subsection f. of section 6 of P.L.1968, c.413 (C.30:4D-6) may be construed as impeding their establishment; and e. Therefore, legislation is appropriate to facilitate the establishment of trusts to supplement and augment assistance provided by government entities to persons with severe chronic disabilities and persons who are disabled under the federal Social Security Act. L.2000,c.96,s.1.
N.J. Stat. § 3B:31-62 — NJ Code / Title 3B / Chapter 31 / Section 31-62
Powers to direct investment functions.
Status: in_force

3B:31-62. Powers to Direct Investment Functions. a. When one or more persons are given authority by the terms of a governing instrument to direct, consent to or disapprove a fiduciary's actual or proposed investment decisions, such persons shall be considered to be investment advisers and fiduciaries when exercising such authority unless the governing instrument otherwise provides. b. If a governing instrument provides that a fiduciary is to follow the direction of an investment adviser, and the fiduciary acts in accordance with such a direction, then except in cases of willful misconduct or gross negligence on the part of the fiduciary so directed, the fiduciary shall not be liable for any loss resulting directly or indirectly from any such act. c. If a governing instrument provides that a fiduciary is to make decisions with the consent of an investment adviser, then except in cases of willful misconduct or gross negligence on the part of the fiduciary, the fiduciary shall not be liable for any loss resulting directly or indirectly from any act taken or omitted as a result of such investment adviser's failure to provide such consent after having been requested to do so by the fiduciary. d. For purposes of this section, "investment decision" means with respect to any investment, the retention, purchase, sale, exchange, tender or other transaction affecting the ownership thereof or rights therein and with respect to nonpublicly traded investments, the valuation thereof, and an adviser with authority with respect to such decisions is an investment adviser. e. Whenever a governing instrument provides that a fiduciary is to follow the direction of an investment adviser with respect to investment decisions, then, except to the extent that the governing instrument provides otherwise, the fiduciary shall have no duty to: (1) Monitor the conduct of the investment adviser; (2) Provide advice to the investment adviser or consult with the investment adviser; or (3) Communicate with or warn or apprise any beneficiary or third party concerning instances in which the fiduciary would or might have exercised the fiduciary's own discretion in a manner different from the manner directed by the investment adviser. Absent clear and convincing evidence to the contrary, the actions of the fiduciary pertaining to matters within the scope of the investment adviser's authority, such as confirming that the investment adviser's directions have been carried out and recording and reporting actions taken at the investment adviser's direction, shall be presumed to be administrative actions taken by the fiduciary solely to allow the fiduciary to perform those duties assigned to the fiduciary under the governing instrument. Such administrative actions shall not be deemed to constitute an undertaking by the fiduciary to monitor the investment adviser or otherwise participate in actions within the scope of the investment adviser's authority. L.2015, c.276, s.1.
N.J. Stat. § 3B:14-61.16 — NJ Code / Title 3B / Chapter 14 / Section 14-61.16
Custodian compliance and immunity.
Status: in_force

16. Custodian Compliance and Immunity. a. Not later than 60 days after receipt of the information required under sections 7 through 15 of this act, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. b. An order under subsection a. of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. s.2702. c. A custodian may notify the user that a request for disclosure or to terminate an account was made under this act. d. A custodian may deny a request under this act from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. e. This act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this act to obtain a court order which: (1) specifies that an account belongs to the incapacitated person or principal; (2) specifies that there is sufficient consent from the incapacitated person or principal to support the requested disclosure; and (3) contains a finding required by law other than this act. f. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this act. L.2017, c.237, s.16.
N.J. Stat. § 3B:13-7 — NJ Code / Title 3B / Chapter 13 / Section 13-7
Guardians; when and how appointed.
Status: in_force

3B:13-7. When, pursuant to any law of the United States or regulation of a Federal agency, the chief officer of the agency requires, prior to payment of benefits, that a guardian be appointed for a ward, the appointment for a person who is incapacitated shall be made in the Superior Court, and the appointment for a minor shall be made in the Superior Court or in the surrogate's court. amended 2013, c.103, s.27.
N.J. Stat. § 3B:7-7 — NJ Code / Title 3B / Chapter 7 / Section 7-7
Rights of purchasers; protection of payors and other third parties.
Status: in_force

3B:7-7. This chapter does not affect the rights of any person who, before rights under this chapter have been adjudicated, purchases from the killer 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 killer would have acquired except for this chapter, but the killer is liable for the amount of the proceeds or the value of the property. 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 an intentional killing is not liable by reason of this chapter unless prior to such payment or transfer it has received at its home office or principal address written notice of a claimed forfeiture or revocation under this chapter. Amended 2004, c.132, s.62.
N.J. Stat. § 3B:28-19 — NJ Code / Title 3B / Chapter 28 / Section 28-19
N.J.S. 3A:37-6 saved from repeal
Status: in_force

N.J.S. 3A:37-6 is saved from repeal. This section provides that a widow who is evicted from her jointure may have it satisfied from the remainder of the husband's real estate. L.1981, c. 405, s. 3B:28-19, eff. May 1, 1982.
N.J. Stat. § 3B:15-21 — NJ Code / Title 3B / Chapter 15 / Section 15-21
Reduction of fiduciary's bond; discharge of original sureties
Status: in_force

When it shall appear upon the allowance of a fiduciary's intermediate account that the fiduciary's bond is in a greater sum than is necessary for the proper protection of property and assets of the estate remaining in his hands, the court may, in an action for that purpose, allow the fiduciary to give a new bond in a lesser sum as the court may deem sufficient. When the new bond, with conditions and sureties duly approved, is filed, the court by its order may discharge the sureties upon the original bond from all liability thereunder after the date of the order. L.1981, c. 405, s. 3B:15-21, eff. May 1, 1982.
N.J. Stat. § 3B:13A-6 — NJ Code / Title 3B / Chapter 13A / Section 13A-6
Service of notice to appoint conservator
Status: in_force

Notice of the action to appoint a conservator shall be served upon the following persons: a. The conservatee unless he is the plaintiff; b. The spouse and adult children of the conservatee or, where there are none, upon the person or persons closest in degree of kinship to the conservatee; c. The person with whom the conservatee resides, or if the conservatee resides in an institution, upon the chief administrator of that institution. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:12-62 — NJ Code / Title 3B / Chapter 12 / Section 12-62
Factors to be considered by the court or guardian in exercising certain powers
Status: in_force

In investing the estate, and in selecting assets of the estate for distribution under this article, in utilizing powers of revocation or withdrawal available for the support of the ward, and other powers exercisable by the guardian or a court, the guardian or the court should take into account any known estate plan of the ward, including his will, any revocable trust of which he is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The guardian may examine the will of the ward. L.1981, c. 405, s. 3B:12-62, eff. May 1, 1982.
N.J. Stat. § 3B:10-3 — NJ Code / Title 3B / Chapter 10 / Section 10-3
When spouse, partner in a civil union, or domestic partner entitled to assets without administration.
Status: in_force

3B:10-3. When spouse, partner in a civil union, or domestic partner entitled to assets without administration.
Where the total value of the real and personal assets of the estate of an intestate will not exceed $50,000, the surviving spouse, partner in a civil union, or domestic partner upon the execution of an affidavit before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the assets are located, or before the Superior Court, shall be entitled absolutely to all the real and personal assets without administration, and the assets of the estate up to $10,000 shall be free from all debts of the intestate. Upon the execution and filing of the affidavit as provided in this section, the surviving spouse, partner in a civil union, or domestic partner shall have all of the rights, powers and duties of an administrator duly appointed for the estate. The surviving spouse, partner in a civil union, or domestic partner may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall state that the affiant is the surviving spouse, partner in a civil union, or domestic partner of the intestate and that the value of the intestate's real and personal assets will not exceed $50,000, and shall set forth the residence of the intestate at his death, and specifically the nature, location and value of the intestate's real and personal assets. The affidavit shall be filed and recorded in the office of such Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by R.S.46:14-6.1 to take acknowledgments or proofs. amended 1983, c.246, s.1; 2004, c.132, s.77; 2005, c.331, s.24; 2015, c.232, s.1.
N.J. Stat. § 3B:24-6 — NJ Code / Title 3B / Chapter 24 / Section 24-6
Recovery by fiduciary from transferees or others in possession of property included in tax
Status: in_force

In all cases in which any property required to be included in the gross tax estate does not come into the possession of the fiduciary, he shall be entitled, and it shall be his duty, to recover from the transferees or from whoever is in possession of the property, the proportionate amounts of the tax and any interest thereon which is or may be payable by the transferees. If the fiduciary cannot recover the amount of the tax and interest thereon apportioned against a transferee, the amount not recoverable shall be dealt with in a manner as the court may determine. Nothing in this chapter shall require a person in possession of property to defer distribution of the property unless and until directed by the court. L.1981, c. 405, s. 3B:24-6, eff. May 1, 1982.
N.J. Stat. § 3B:17-1 — NJ Code / Title 3B / Chapter 17 / Section 17-1
Filing of release or discharge.
Status: in_force

3B:17-1. A fiduciary need not render or settle an account if the fiduciary files with the court a release or discharge from the beneficiary, ward, or cestui que trust who has reached majority and is not incapacitated. The release or discharge shall be executed and acknowledged as provided for deeds of real estate to be recorded. amended 2013, c.103, s.50.
N.J. Stat. § 3B:16-1 — NJ Code / Title 3B / Chapter 16 / Section 16-1
General requisites
Status: in_force

An inventory shall not be received nor admitted to be proved which is not full and specific in its details. L.1981, c. 405, s. 3B:16-1, eff. May 1, 1982.
N.J. Stat. § 3B:13A-31 — NJ Code / Title 3B / Chapter 13A / Section 13A-31
Determining issues of liability between estate and conservator
Status: in_force

Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:5-1 — NJ Code / Title 3B / Chapter 5 / Section 5-1
Requirement that heir survive decedent by 120 hours.
Status: in_force

3B:5-1. For the purposes of intestate succession an individual who is not established by clear and convincing evidence to have survived the decedent by 120 hours is deemed to have predeceased the decedent. This section is not to be applied where its application would result in a taking of intestate estate by the State. L.1981, c.405, s.3B:5-1, eff. May 1, 1982; amended 2004, c.132, s.44.
N.J. Stat. § 3B:10-5 — NJ Code / Title 3B / Chapter 10 / Section 10-5
Discharge of corporations or persons making payments or delivering assets under N.J.S. 3B:10-3 or N.J.S. 3B:10-4
Status: in_force

Any bank, building and loan association, association, as defined in section 5 of the "Savings and Loan Act (1963)," P.L.1963, c. 144 (C. 17:12B-5), or any other corporation or any person, association or society, which pays or delivers any assets of the intestate to the person executing an affidavit under N.J.S. 3B:10-3 or N.J.S. 3B:10-4, upon presentation of a copy of the affidavit marked a true copy by the surrogate or the clerk of the Superior Court, shall be forever discharged from all claims by any administrator of the intestate who may be appointed or by any other person, as to the assets so paid or delivered, and this, notwithstanding that the total value of the real and personal assets does in fact exceed the amount limited by N.J.S. 3B:10-3 or N.J.S. 3B:10-4 or that the statements in the affidavit are erroneous or that the consent required by N.J.S. 3B:10-4 has not been obtained. L.1981, c. 405, s. 3B:10-5, eff. May 1, 1982.
N.J. Stat. § 3B:1-2 — NJ Code / Title 3B / Chapter 1 / Section 1-2
Definitions I to Z.
Status: in_force

3B:1-2. "Incapacitated individual" means an individual who is impaired by reason of mental illness or intellectual disability to the extent that the individual lacks sufficient capacity to govern himself and manage the individual's affairs. The term incapacitated individual is also used to designate an individual who is impaired by reason of physical illness or disability, substance use disorder, or other cause (except minority) to the extent that the individual lacks sufficient capacity to govern himself and manage the individual's affairs. The terms incapacity and incapacitated refer to the state or condition of an incapacitated individual as hereinbefore defined. "Intellectual disability" means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which are manifested during the development period. "Issue" of an individual means a descendant as defined in N.J.S.3B:1-1. "Joint tenants with the right of survivorship" means co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others, but excludes forms of co-ownership in which the underlying ownership of each party is in proportion to that party's contribution. "Local administration" means administration by a personal representative appointed in this State. "Local fiduciary" means any fiduciary who has received letters in this State and excludes foreign fiduciaries who acquire the power of local fiduciary pursuant to this title. "Minor" means an individual who is under 18 years of age. "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of death. "Parent" means any person entitled to take or who would be entitled to take if the child, natural or adopted, died without a will, by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent, resource family parent, or grandparent. "Per capita." If a governing instrument requires property to be distributed "per capita," the property is divided to provide equal shares for each of the takers, without regard to their shares or the right of representation. "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments. "Person" means an individual or an organization. "Per Stirpes." If a governing instrument requires property to be distributed "per stirpes," the property is divided into as many equal shares as there are: (1) surviving children of the designated ancestor; and (2) deceased children who left surviving descendants. Each surviving child is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants. "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes special administrator. "Representation; Per Capita at Each Generation." If an applicable statute or a governing instrument requires property to be distributed "by representation" or "per capita at each generation," the property is divided into as many equal shares as there are: (1) surviving descendants in the generation nearest to the designated ancestor 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 designated ancestor. "Resident creditor" means a person domiciled in, or doing business in this State, who is, or could be, a claimant against an estate. "Security" includes any note, stock, treasury stock, bond, mortgage, financing statement, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under the title or lease, collateral, trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security or as a security interest or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. "Stepchild" means a child of the surviving, deceased, or former spouse who is not a child of the decedent. "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. "Successors" means those persons, other than creditors, who are entitled to real and personal property of a decedent under a decedent's will or the laws governing intestate succession. "Testamentary trustee" means a trustee designated by will or appointed to exercise a trust created by will. "Testator" includes an individual and means male or female. "Trust" includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a trust created by judgment under which the trust is to be administered in the manner of an express trust. "Trust" excludes other constructive trusts, and it excludes resulting trusts, guardianships, personal representatives, trust accounts created under the "Multiple-party Deposit Account Act," P.L.1979, c.491 (C.17:16I-1 et seq.), gifts to minors under the "New Jersey Uniform Gifts to Minors Act," P.L.1963, c.177 (C.46:38-13 et seq.), or the "New Jersey Uniform Transfers to Minors Act," R.S.46:38A-1 et seq., business trusts providing for certificates to be issued to beneficiaries, common trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another. "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by court. "Ward" means an individual for whom a guardian is appointed or an individual under the protection of the court. "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. amended 1997, c.379, s.3; 2004, c.130, s.16; 2004, c.132, s.2; 2005, c.160, s.1; 2013, c.103, s.21; 2023, c.177, s.12.
N.J. Stat. § 3B:11-20 — NJ Code / Title 3B / Chapter 11 / Section 11-20
Findings
Status: in_force

The Legislature finds that it is in the public interest to encourage activities by voluntary associations and private citizens which will supplement and augment those services provided by local, State, and federal government agencies in discharge of their responsibilities toward individuals with severe chronic disabilities. The Legislature further finds that, as a result of changing social, economic, and demographic trends, families of persons with severe chronic disabilities are increasingly aware of the need for a vehicle by which they can assure ongoing individualized personal concern for a severely disabled family member who may survive his parents or other family members, and provide for the efficient management of small legacies or trust funds to be used for the benefit of such a disabled person. In a number of other states voluntary associations have established foundations or trusts intended to be responsive to these concerns. Therefore, a study of the experience in other states suggests that New Jersey would benefit by the enactment of enabling legislation expressly authorizing the formation of community trusts in accordance with criteria set forth by statute and administered by the Secretary of State. These community trusts permit the pooling of resources contributed by families or persons with philanthropic intent, along with the reservation of portions of these funds for the use and benefit of designated beneficiaries. L. 1985, c. 424, s. 2.
N.J. Stat. § 3B:15-25 — NJ Code / Title 3B / Chapter 15 / Section 15-25
Court in which to bring proceedings to assess damages, to satisfy judgment or to discontinue action
Status: in_force

The moneys found due on the fiduciary's bond shall be applied toward making good the damage sustained by reason of the nonperformance of the conditions of the bond. Proceedings for that purpose, proceedings under N.J.S. 3B:15-26 to N.J.S. 3B:15-29 for the satisfaction of the judgment on the bond, and proceedings under N.J.S. 3B:15-30 and N.J.S. 3B:15-31 for the discontinuance of the action on the bond shall be taken in the Superior Court. L.1981, c. 405, s. 3B:15-25, eff. May 1, 1982.
N.J. Stat. § 3B:22-12 — NJ Code / Title 3B / Chapter 22 / Section 22-12
Action on unrejected claim
Status: in_force

If a personal representative fails to pay a claim presented pursuant to N.J.S. 3B:22-11, the claimant may bring an action against the personal representative to recover on his claim in any court of competent jurisdiction. L.1981, c. 405, s. 3B:22-12, eff. May 1, 1982.
N.J. Stat. § 3B:11-27 — NJ Code / Title 3B / Chapter 11 / Section 11-27
Services; guardianship
Status: in_force

The board may retain paid staff as it may deem necessary to provide follow- along services to the extent required by each beneficiary. The board may authorize the expenditure of funds for any goods or services which, in its sole discretion, it determines will promote the well-being of any beneficiary, including recreational services. The board may pay for the burial of any beneficiary. The board, however, may not expend funds for any goods or services of comparable quality to those available to any particular beneficiary through any governmental or charitable program, insurance, or other sources. The board may expend funds to meet the reasonable costs of administering the community trust. The board is not required to provide services to a beneficiary who is a competent adult and who has refused to accept the services. Further, the board shall not provide services of a nature or in a manner that would be contrary to the public policy of this State at the time the services are to be provided. In either case, the board may offer alternative services that are consistent with the purposes of this act and in keeping with the best interests of the beneficiary. The board may accept appointment as guardian of the person, guardian of the estate or guardian of both on behalf of any beneficiary. If the board accepts appointment as guardian of the person of an individual, it shall assign a staff member to carry out its responsibilities as the guardian. The board may, on request, offer consultative and professional assistance to an individual, private or public guardian of any of its beneficiaries. L. 1985, c. 424, s. 9.
N.J. Stat. § 3B:23-36 — NJ Code / Title 3B / Chapter 23 / Section 23-36
Plea of want of assets; procedure
Status: in_force

If want of assets to pay debts and devises is pleaded in the action and if the account of the personal representative has not been settled, the court shall require him to account. Judgment shall be entered and execution shall issue only for the proportion ascertained to be payable to plaintiff, but the judgment shall remain a security for the payment of the residue of the devise and costs out of assets which may thereafter come to the possession of the personal representative. L.1981, c. 405, s. 3B:23-36, eff. May 1, 1982.
N.J. Stat. § 3B:8-1 — NJ Code / Title 3B / Chapter 8 / Section 8-1
Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditions.
Status: in_force

3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions. a. If a married person, partner in a civil union, or person in a domestic partnership dies domiciled in this State, the surviving spouse, partner in a civil union, or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, unless either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board. b. For purposes of this section "surviving spouse, partner in a civil union, or domestic partnership" shall not include those individuals described pursuant to subsection d. of N.J.S.3B:5-3. Amended 2005, c.331, s.7; 2023, c.238, s.4.
N.J. Stat. § 3B:20-22 — NJ Code / Title 3B / Chapter 20 / Section 20-22
Authority to exchange or convert
Status: in_force

When a bank holding company which is a corporation acquires 80% or more of the outstanding capital stock of a banking institution, any shares of the capital stock of the banking institution held in a trust estate by a fiduciary may be exchanged for or converted into the capital stock of the bank holding company as an incident of the company's acquisition of the shares. L.1981, c. 405, s. 3B:20-22, eff. May 1, 1982.
N.J. Stat. § 3B:10-22 — NJ Code / Title 3B / Chapter 10 / Section 10-22
Priority among letters
Status: in_force

A person to whom general letters of appointment are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters of appointment are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. L.1981, c. 405, s. 3B:10-22, eff. May 1, 1982.
N.J. Stat. § 3B:12B-5 — NJ Code / Title 3B / Chapter 12B / Section 12B-5
Which act governs; exclusive jurisdictional basis; applicability.
Status: in_force

5. Which act governs; exclusive jurisdictional basis; applicability. P.L.2012, c.36 (C.3B:12B-1 et al.) governs jurisdiction of guardianship proceedings and provides the exclusive jurisdictional basis for a court of this State to appoint a guardian or issue a protective order. The appointment of a guardian shall continue to be governed by N.J.S.3B:12-1 et seq. and the appointment of a conservator shall continue to be governed by N.J.S.3B:13A-1 et seq. P.L.2012, c.36 (C.3B:12B-1 et al.) shall be construed and applied in conjunction with N.J.S.3B:12-1 et seq. and N.J.S.3B:13A-1 et seq. L.2012, c.36, s.5.
N.J. Stat. § 3B:23-30 — NJ Code / Title 3B / Chapter 23 / Section 23-30
Bond when the personal representative is holder of a determinable estate
Status: in_force

When the personal representative is the holder of a determinable interest referred to in N.J.S. 3B:23-28, he shall, before receiving the personal property into his possession, file a bond with the clerk of the Superior Court or the surrogate of the proper county, as the case may be, unless the will provides that no security shall be required of him. The bond shall be in the amount of money or the value of the property to be received, with two sufficient sureties, conditioned for the faithful conservation of the property. Until the bond is filed, the personal representative may not receive the moneys or property, but the court may appoint some other proper person to receive and administer the money or property as trustee upon giving security for the faithful discharge of his duties as the court may deem proper. L.1981, c. 405, s. 3B:23-30, eff. May 1, 1982.
N.J. Stat. § 3B:11-12 — NJ Code / Title 3B / Chapter 11 / Section 11-12
Execution of instrument stating certain provisions not applicable to trust; filing
Status: in_force

The trustee or trustees of any trust may, without judicial proceedings, execute an instrument stating that the provisions of N.J.S. 3B:11-10 or N.J.S. 3B:11-11, as the case may be, shall not be applicable to the trust, and upon filing a copy thereof in the office of the Secretary of State of this State, the provisions of N.J.S. 3B:11-10 or N.J.S. 3B:11-11, as the case may be, shall not apply to the trust. L.1981, c. 405, s. 3B:11-12, eff. May 1, 1982.
N.J. Stat. § 3B:12B-21 — NJ Code / Title 3B / Chapter 12B / Section 12B-21
Uniformity of application and construction.
Status: in_force

21. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. L.2012, c.36, s.21.
N.J. Stat. § 3B:9-6 — NJ Code / Title 3B / Chapter 9 / Section 9-6
Delivering and filing disclaimer.
Status: in_force

3B:9-6. a. The disclaimer of an interest by an intestate heir, or a person who is a devisee or beneficiary under a will or a testamentary trust or who is an appointee under a power of appointment exercised by a will or testamentary trust, including a person succeeding to a disclaimed interest, shall be filed in the office of the surrogate or clerk of the Superior Court in which proceedings have been commenced or will be commenced for the administration of the estate of the decedent or deceased donee of the power of appointment. A copy of the disclaimer shall also be delivered to any personal representative, or other fiduciary of the decedent or to the donee of the power or to the holder of the legal title to which the interest relates. The fiduciary shall promptly notify the person or persons who take the disclaimed interest, although any such failure to provide the notice required herein shall not affect the validity of the disclaimer. b. The disclaimer of an interest in property, other than property passing under or pursuant to a will or testamentary trust shall be delivered to the fiduciary, payor or other person having legal title to or possession of the property or interest disclaimed or who is entitled thereto in the event of disclaimer. Any fiduciary, payor or other person having title to or possession of the property or interest who receives such disclaimer shall promptly notify the person or persons who take the disclaimed interest, although any such failure to provide the notice required herein shall not affect the validity of the disclaimer. c. In the case of a disclaimer by a fiduciary of a power or discretion: (1) If such disclaimer is made after court authorization, the fiduciary shall deliver a copy to such person or persons and in such manner as shall be directed by the court; or (2) If such disclaimer is made without court authorization pursuant to N.J.S.3B:9-4(a), the fiduciary shall deliver a copy to all co-fiduciaries, but if there are none, then to all persons whose property interests are affected by the disclaimer. d. In the case of a will or testamentary trust or power of appointment under a will or testamentary trust, if real property or any interest therein is disclaimed, the surrogate or clerk of the Superior Court, as the case may be, shall forthwith forward a copy of the disclaimer for filing in the office of the clerk or register of deeds and mortgages of the county in which the real property is situated. In the case of a nontestamentary instrument or contract, if real property or any interest therein is disclaimed, the original thereof shall be filed in the office of the clerk or register of deeds and mortgages of the county in which the real property is situated. e. For the purposes of this section, delivery may be effected: (1) in person; (2) by registered or certified mail; or (3) by another means which is reasonably likely to accomplish delivery. L.2004,c.132,s.69.
N.J. Stat. § 3B:14-61.13 — NJ Code / Title 3B / Chapter 14 / Section 14-61.13
Disclosure of other digital assets held in trust when trustee not original user.
Status: in_force

13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: a. a written request for disclosure in physical or electronic form; b. a certified copy of the trust instrument or a certification of the trust under N.J.S.3B:31-81; c. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust's account; or (2) evidence linking the account to the trust. L.2017, c.237, s.13.
N.J. Stat. § 3B:11-4 — NJ Code / Title 3B / Chapter 11 / Section 11-4
Effect to be given consent by holders of general powers of appointment upon beneficiaries
Status: in_force

For the purpose of granting consent or approval with regard to the acts or accounts of a fiduciary or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent that the interests of the beneficiaries as objects, takers in default, or otherwise are subject to the power. As used in this section, a presently exercisable general power of appointment is one which enables the power holder to presently draw absolute ownership to himself. L.1981, c. 405, s. 3B:11-4, eff. May 1, 1982.
N.J. Stat. § 3B:16-3 — NJ Code / Title 3B / Chapter 16 / Section 16-3
Appointment of appraisers
Status: in_force

If an inventory and appraisal is to be filed, the appraisers shall be chosen by the personal representative subject to the approval of the Superior Court or surrogate, except in cases where it shall be necessary to set off the exemption for the benefit of the family of the decedent as allowed by N.J.S. 3B:16-5, in which event the personal representative shall apply to the surrogate of the county wherein the decedent resided at his death, or to the Superior Court, as the case may be, for the appointment of two persons as appraisers who are neither interested in the estate nor related to the decedent's widow or child. The appraisers shall, before entering upon the duties of their appointment, be severally sworn before the surrogate, or a person authorized to administer oaths, to faithfully, honestly and impartially appraise the property according to its true and intrinsic value without reference to what the property might bring at a public sale. L.1981, c. 405, s. 3B:16-3, eff. May 1, 1982.
N.J. Stat. § 3B:12A-6 — NJ Code / Title 3B / Chapter 12A / Section 12A-6
Considerations for appointment as kinship legal guardian.
Status: in_force

6. a. In making its determination about whether to appoint the caregiver as kinship legal guardian, the court shall consider: (1) if proper notice was provided to the child's parents; (2) the best interests of the child; (3) the kinship caregiver assessment; (4) in cases in which the division is involved with the child as provided in subsection a. of section 8 of P.L.2001, c.250 (C.30:4C-85), the recommendation of the division, including any parenting time or visitation restrictions; (5) the potential kinship legal guardian's ability to provide a safe and permanent home for the child; (6) the wishes of the child's parents, if known to the court; (7) the wishes of the child if the child is 12 years of age or older, unless unique circumstances exist that make the child's age irrelevant; (8) the suitability of the kinship caregiver and the caregiver's family to raise the child; (9) the ability of the kinship caregiver to assume full legal responsibility for the child; (10) the commitment of the kinship caregiver and the caregiver's family to raise the child to adulthood; (11) the results from the child abuse record check conducted pursuant to section 9 of P.L.2001, c.250 (C.30:4C-86); and (12) the results from the criminal history record background check and domestic violence check conducted pursuant to section 9 of P.L.2001, c.250 (C.30:4C-86). In any case in which the caregiver petitioning for kinship legal guardianship, or any adult residing in the prospective caregiver's home, has a record of criminal history or a record of being subjected to a final domestic violence restraining order under P.L.1991, c.261 (C.2C:25-17 et seq.), the court shall review the record with respect to the type and date of the criminal offense or the provisions and date of the final domestic violence restraining order and make a determination as to the suitability of the person to become a kinship legal guardian. For the purposes of this paragraph, with respect to criminal history, the court shall consider convictions for offenses specified in subsections c., d. and e. of section 1 of P.L.1985, c.396 (C.30:4C-26.8). b. The court shall not award kinship legal guardianship of the child unless proper notice was served upon the parents of the child and any other party to whom the court has awarded custody or parenting time for that child, in accordance with the Rules of Court. c. The court shall not award kinship legal guardianship of the child solely because of parental incapacity. d. The court shall appoint the caregiver as a kinship legal guardian if, based upon clear and convincing evidence, the court finds that: (1) each parent's incapacity is of such a serious nature as to demonstrate that the parents are unable, unavailable or unwilling to perform the regular and expected functions of care and support of the child; (2) the parents' inability to perform those functions is unlikely to change in the foreseeable future; (3) in cases in which the division is involved with the child as provided in subsection a. of section 8 of P.L.2001, c.250 (C.30:4C-85), the division exercised reasonable efforts to reunify the child with the birth parents and these reunification efforts have proven unsuccessful or unnecessary; (Deleted by amendment, P.L.2021, c.154) and (4) awarding kinship legal guardianship is in the child's best interests. e. The court order appointing the kinship legal guardian shall specify, as appropriate, that: (1) a kinship legal guardian shall have the same rights, responsibilities and authority relating to the child as a birth parent, including, but not limited to: making decisions concerning the child's care and well-being; consenting to routine and emergency medical and mental health needs; arranging and consenting to educational plans for the child; applying for financial assistance and social services for which the child is eligible; applying for a motor vehicle operator's license; applying for admission to college; responsibility for activities necessary to ensure the child's safety, permanency and well-being; and ensuring the maintenance and protection of the child; except that a kinship legal guardian may not consent to the adoption of the child or a name change for the child; (2) the birth parent of the child retains the authority to consent to the adoption of the child or a name change for the child; (3) the birth parent of the child retains the obligation to pay child support; (4) the birth parent of the child retains the right to visitation or parenting time with the child, as determined by the court; (5) the appointment of a kinship legal guardian does not limit or terminate any rights or benefits derived from the child's parents, including, but not limited to, those relating to inheritance or eligibility for benefits or insurance; and (6) kinship legal guardianship terminates when the child reaches 18 years of age or when the child is no longer continuously enrolled in a secondary education program, whichever event occurs later, or when kinship legal guardianship is otherwise terminated. f. An order or judgment awarding kinship legal guardianship may be vacated by the court prior to the child's 18th birthday if the court finds that the kinship legal guardianship is no longer in the best interests of the child or, in cases where there is an application to return the child to the parent, based upon clear and convincing evidence, the court finds that the parental incapacity or inability to care for the child that led to the original award of kinship legal guardianship is no longer the case and termination of kinship legal guardianship is in the child's best interests. In cases in which the division was involved, when determining whether a child should be returned to a parent, the court may refer a parent for an assessment prepared by the division, in accordance with regulations adopted by the commissioner. g. An order or judgment awarding kinship legal guardianship may be vacated by the court if, based upon clear and convincing evidence, the court finds that the guardian failed or is unable, unavailable or unwilling to provide proper care and custody of the child, or that the guardianship is no longer in the child's best interests. L.2001, c.250, s.6; amended 2006, c.47, s.32; 2021, c.154, s.4.
N.J. Stat. § 3B:13A-26 — NJ Code / Title 3B / Chapter 13A / Section 13A-26
Effect of judgment allowing intermediate account
Status: in_force

A judgment, made upon notice and hearing, allowing an intermediate account of a conservator, shall have the same effect as a judgment allowing an intermediate account of any other fiduciary. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:14-40 — NJ Code / Title 3B / Chapter 14 / Section 14-40
No actions against personal representatives within 6 months of grants of letters; exceptions; execution
Status: in_force

To enable personal representatives to examine into the condition of the estate and to ascertain its amount and value and the debts to be paid, no actions, except for funeral expenses, shall be brought or maintained against personal representatives within 6 months after letters testamentary or of administration have been granted, as the case may be, unless by special leave of the court in which the action is brought; and, if leave is given, no execution shall issue within the period of 6 months. L.1981, c. 405, s. 3B:14-40, eff. May 1, 1982.
N.J. Stat. § 3B:23-9 — NJ Code / Title 3B / Chapter 23 / Section 23-9
Agreement among successors binding on personal representative
Status: in_force

Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts. L.1981, c. 405, s. 3B:23-9, eff. May 1, 1982.
N.J. Stat. § 3B:19B-29 — NJ Code / Title 3B / Chapter 19B / Section 19B-29
Uniformity of application and construction
Status: in_force

29. Uniformity of Application and Construction. In applying and construing this act, consideration shall be given to the fact that this is a uniform act, and there is a need to promote uniformity of the act with respect to its subject matter among states that enact it. L.2001,c.212,s.29.
N.J. Stat. § 3A:16-16 — NJ Code / Title 3A / Chapter 16 / Section 16-16
Sale free from dower or curtesy; order of court; deed to purchaser
Status: in_force

In proceedings in any court for the sale of real estate by a fiduciary when a person is entitled to a right or estate of dower or curtesy in the premises, or any part or share thereof, the court may, having regard to the interests of all persons concerned, determine whether such right or estate shall be excepted from the sale of the premises or sold therewith, and enter its judgment or order accordingly. If the sale of the premises including such right or estate is ordered, the estate and interest of every such person shall pass thereby, and the purchaser, his heirs and assigns shall hold the premises free and discharged from all claims by virtue thereof.
N.J. Stat. § 3B:12-41 — NJ Code / Title 3B / Chapter 12 / Section 12-41
Guardian of ward's person entitled to reimbursement for expenses; payments to third persons.
Status: in_force

3B:12-41. Guardian of ward's person entitled to reimbursement for expenses; payments to third persons. If another person has been appointed guardian of the ward's estate, the guardian of the ward's person is entitled to receive reasonable reimbursement and fees for his services and for room and board furnished to the ward, provided the same has been agreed upon between the guardian of the person and the guardian of the estate; and provided, further, that the amounts agreed upon are reasonable under the circumstances. The guardian of the person may request the guardian of the estate to expend the ward's estate by payment to third persons or institutions for the ward's care and maintenance. Amended 2005, c.304, s.28.
N.J. Stat. § 3B:12B-1 — NJ Code / Title 3B / Chapter 12B / Section 12B-1
Short title.
Status: in_force

1. This act shall be known and may be cited as the "New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act." L.2012, c.36, s.1.
N.J. Stat. § 3B:12-70 — NJ Code / Title 3B / Chapter 12 / Section 12-70
Jurisdiction
Status: in_force

4. The surrogate's court of the county in which a minor child resides or has real or personal property shall have jurisdiction under this act pursuant to N.J.S.3B:12-12. L.1995,c.76,s.4.
N.J. Stat. § 3B:14-57 — NJ Code / Title 3B / Chapter 14 / Section 14-57
Checks drawn by fiduciary upon principal's account
Status: in_force

If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay the check without being liable to the principal, unless the bank pays the check with 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:14-57, eff. May 1, 1982.
N.J. Stat. § 3B:23-21 — NJ Code / Title 3B / Chapter 23 / Section 23-21
Unclaimed estate assets.
Status: in_force

3B:23-21. Unclaimed estate assets. When a fiduciary states a final account and there remains in the fiduciary's control a balance, devise, distributive share, dividend, or sum of money to be paid to a person and the person, or that person's guardian, if a minor or a person who is incapacitated, fails to claim the balance, devise, distributive share, dividend, or sum of money within the period of time set forth in R.S.46:30B-37.1, then the property shall be disposed of as provided in N.J.S.3B:23-19 if it is part of an intestate estate or otherwise presumed abandoned and handled in accordance with the "Uniform Unclaimed Property Act (1981)," R.S.46:30B-1 et seq. amended 1989, c.58, s.3; 2001, c.109, s.3; 2013, c.103, s.51.
N.J. Stat. § 3B:12-73 — NJ Code / Title 3B / Chapter 12 / Section 12-73
Immediate assumption of duties of appointed standby guardian; revocation in writing.
Status: in_force

7. a. Upon the occurrence of an activating event set forth in a decree appointing a standby guardian, the standby guardian shall be immediately empowered to assume guardianship duties. b. (Deleted by amendment, P.L.2021, c.192) c. Within 90 days following the assumption of guardianship duties, the appointed standby guardian shall petition the court for confirmation. The confirmation petition shall include a determination that the activating event has occurred. d. The court shall confirm an appointed standby guardian named in accordance with this act and otherwise qualified to serve as guardian pursuant to N.J.S.3B:12-1 et seq. unless there is a judicial determination of unfitness with regard to the appointed standby guardian. e. A standby guardian appointed pursuant to section 6 of P.L.1995, c.76 (C.3B:12-72) may decline appointment at any time before the assumption of standby guardianship duties by filing a written statement to that effect with the court, with notice to be provided to the petitioner and to the minor child or minor ward if the child or ward is 14 years of age or older. f. Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. g. A parent, custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation. An unwritten revocation may be considered by the court if the revocation can be proved by clear and convincing evidence submitted to the court. L.1995, c.76, s.7; amended 2021, c.192, s.5.
N.J. Stat. § 3B:3-28.1 — NJ Code / Title 3B / Chapter 3 / Section 3-28.1
Probate of will of nonresident where laws of decedent's domicile are discriminatory.
Status: in_force

3B:3-28.1. Where the will of any individual who is not resident in this State at the time of his death has not been admitted to probate in the state in which he resided and no proceeding is there pending for the probate of the will, the Superior Court may admit the will to probate and grant letters thereon if the laws of that state discriminate against residents of New Jersey either as a beneficiary or as a fiduciary. L.1981, c.405, s.3B:3-28.1, eff. May 1, 1982; amended 2004, c.132, s.25.
N.J. Stat. § 3B:19B-7 — NJ Code / Title 3B / Chapter 19B / Section 19B-7
When right to income begins and ends
Status: in_force

7. When Right to Income Begins and Ends. a. An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest. b. An asset becomes subject to a trust: (1) on the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life; (2) on the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or (3) on the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death. c. An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection d. of this section, even if there is an intervening period of administration to wind up the preceding income interest. d. An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. L.2001,c.212,s.7.
N.J. Stat. § 3B:3-24 — NJ Code / Title 3B / Chapter 3 / Section 3-24
Where a will of a resident is to be probated; effect of failure to probate.
Status: in_force

3B:3-24. The will of any individual resident within any county of this State at his death may be admitted to probate in the surrogate's court of the county or in the Superior Court. If the will of any individual resident within the State at his death is probated outside the State, it shall be without effect unless or until probate is granted within the State. L.1981, c.405, s.3B:3-24, eff. may 1, 1982; amended 2004, c.132, s.22.
N.J. Stat. § 3B:14-44 — NJ Code / Title 3B / Chapter 14 / Section 14-44
Discovery of assets in action by fiduciary
Status: in_force

Upon application by a fiduciary, the court may require any person to appear before and make discovery of his possession of, or knowledge of the existence or whereabouts of personal property of the fiduciary's decedent, ward or trust by the production of books, papers or securities relating to the estate, guardianship or trusteeship or by the examination of the person and other witnesses. L.1981, c. 405, s. 3B:14-44, eff. May 1, 1982.
N.J. Stat. § 3B:3-35 — NJ Code / Title 3B / Chapter 3 / Section 3-35
Anti-lapse; deceased devisee; class gifts.
Status: in_force

3B:3-35 Anti-lapse; deceased devisee; class gifts. If a devisee who is a grandparent, stepchild or a lineal descendant of a grandparent of the decedent is dead at the time of the execution of the governing instrument, fails to survive the decedent, or is treated as if he predeceased the decedent, any descendants of the deceased devisee who survives the decedent by 120 hours take by representation in place of the deceased devisee. One who would have been a devisee under a class gift if he had survived the decedent is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the governing instrument. For purposes of this section, a"stepchild" means a child of the surviving, deceased or former spouse who is not a child of the decedent. L.1981, c.405, s.3B:3-35, eff. May 1, 1982; amended 2004, c.132, s.31; 2005, c.160, s.5.
N.J. Stat. § 3B:11-34 — NJ Code / Title 3B / Chapter 11 / Section 11-34
Not subject to rule against perpetuities
Status: in_force

A community trust shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation or perpetual accumulations of trusts. L. 1985, c. 424, s. 16.
N.J. Stat. § 3B:12B-10 — NJ Code / Title 3B / Chapter 12B / Section 12B-10
Significant-connection state; determination.
Status: in_force

10. Significant-connection state; determination. In determining whether a respondent has a significant connection with a particular state, the court shall consider: a. the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; b. the length of time the respondent at any time was physically present in the state and the duration of any absence; c. the location of the respondent's property; and d. the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. L.2012, c.36, s.10.
N.J. Stat. § 3B:3-17 — NJ Code / Title 3B / Chapter 3 / Section 3-17
Probate of will and grant of letters.
Status: in_force

3B:3-17. The surrogates of the several counties or the Superior Court may take depositions to wills, admit the same to probate, and grant thereon letters testamentary or letters of administration with the will annexed. L.1981, c.405, s.3B:3-17, eff. may 1, 1982; amended 2004, c.132, s.19.
N.J. Stat. § 3B:12A-4 — NJ Code / Title 3B / Chapter 12A / Section 12A-4
Rights, responsibilities, authority of kinship legal guardian.
Status: in_force

4. a. (1) Except as provided in paragraph (2) of this subsection, a kinship legal guardian shall have the same rights, responsibilities and authority relating to the child as a birth parent, including, but not limited to: making decisions concerning the child's care and well-being; consenting to routine and emergency medical and mental health needs; arranging and consenting to educational plans for the child; applying for financial assistance and social services for which the child is eligible; applying for a motor vehicle operator's license; applying for admission to college; responsibility for activities necessary to ensure the child's safety, permanency and well-being; and ensuring the maintenance and protection of the child. (2) A kinship legal guardian may not consent to the adoption of the child or a name change for the child. The birth parent of the child shall retain the authority to consent to the adoption of the child or a name change for the child. (3) The birth parent of the child shall retain the obligation to pay child support. (4) The birth parent of the child shall retain the right to visitation or parenting time with the child, as determined by the court. (5) The appointment of a kinship legal guardian does not limit or terminate any rights or benefits derived from the child's parents, including, but not limited to, those relating to inheritance or eligibility for benefits or insurance. (6) Kinship legal guardianship terminates when the child reaches 18 years of age or when the child is no longer continuously enrolled in a secondary education program, whichever event occurs later, or when kinship legal guardianship is otherwise terminated. b. There shall be no filing fee charged for kinship legal guardianship complaints or motions in the court. c. For the purposes of P.L.2001, c.250 (C.3B:12A-1 et al.), a kinship legal guardian shall have the same meaning as the term "legal guardian" as defined in 42 U.S.C. s. 675, except that the process, procedure and ruling for kinship legal guardianship shall be apart from, and shall not amend, supplant or contravene, the provisions of Chapter 12 of Title 3B of the New Jersey Statutes. d. (1) The provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) shall not be construed to grant or confer upon any person appointed kinship legal guardian of a child any of the additional rights or privileges accorded to persons appointed guardian of a minor's person or estate by a Surrogate or the Superior Court, Chancery Division, Probate Part pursuant to the provisions of Chapter 12 of Title 3B of the New Jersey Statutes. (2) The provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) shall not be construed to preclude an application to the court for guardianship of the person or estate of a minor by any person appointed kinship legal guardian of a child. L.2001,c.250,s.4.
N.J. Stat. § 3B:14-22 — NJ Code / Title 3B / Chapter 14 / Section 14-22
Discharge or removal not to release fiduciary or sureties from certain liabilities
Status: in_force

The discharge or removal of a fiduciary for any cause authorized by this article shall not release or discharge him or his surety or sureties, or any of them, from liability for the estate, or any part thereof, which has been received or ought to have been received by him or them, or for any neglect, default, miscarriage or breach of trust in the execution of his office. L.1981, c. 405, s. 3B:14-22, eff. May 1, 1982.
N.J. Stat. § 3B:22-35 — NJ Code / Title 3B / Chapter 22 / Section 22-35
Judgment of insolvency; sale of assets
Status: in_force

If upon an adjudication and determination, it appears to the court that the estate is insufficient to pay the debts, or whenever it appears to the satisfaction of the court, upon consideration of the claims of creditors and the amount of estate and the value thereof that the estate is insufficient to pay the debts and that the estate is likely to be insolvent, the court may enter judgment to this effect, and direct the personal representative to proceed as if the estate were insolvent, and to make sale of the whole or any part of the estate of his decedent, from time to time, as may appear expedient. L.1981, c. 405, s. 3B:22-35, eff. May 1, 1982.
N.J. Stat. § 3B:21-4 — NJ Code / Title 3B / Chapter 21 / Section 21-4
When removal will be denied
Status: in_force

Property belonging to any cestui que trust or ward shall not be removed or transferred where it would conflict with the terms, limitations or conditions attending his right to the property, whether they are created by will, trust or any other instrument, or where the interests of a citizen of this State with respect to the property would thereby be prejudiced. L.1981, c. 405, s. 3B:21-4, eff. May 1, 1982.
N.J. Stat. § 3B:3-40 — NJ Code / Title 3B / Chapter 3 / Section 3-40
Words importing estate in fee not to prevent further devise
Status: in_force

In any devise of real or personal property set forth in a will, the giving to one person of an indeterminate or other interest in the property or an estate in fee therein or absolute ownership thereof, together with a power, absolute or otherwise, to dispose of the property, shall not be construed to render void a limitation over of the property to another person which is to take effect in the event that the first named devisee shall not have disposed of the property during his lifetime. In all those cases, the testator's intent shall be given effect. L.1981, c. 405, s. 3B:3-40, eff. May 1, 1982.
N.J. Stat. § 3B:12-18 — NJ Code / Title 3B / Chapter 12 / Section 12-18
Effect of a testamentary appointment
Status: in_force

The appointment of a testamentary guardian of the person or estate of a minor or his estate shall be good and effectual against any other person claiming the guardianship over or custody of the minor or his estate, as the case may be. L.1981, c. 405, s. 3B:12-18, eff. May 1, 1982.
N.J. Stat. § 3B:5-2 — NJ Code / Title 3B / Chapter 5 / Section 5-2
Intestate estate.
Status: in_force

3B:5-2. a. Any part of the decedent's estate not effectively disposed of by his will passes by intestate succession to the decedent's heirs as prescribed in N.J.S.3B:5-3 through N.J.S.3B:5-14, except as modified by the decedent's will. b. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share. L.1981, c.405, s.3B:5-2, eff. May 1, 1982; amended 2004, c.132, s.45.
N.J. Stat. § 3B:19B-25 — NJ Code / Title 3B / Chapter 19B / Section 19B-25
Disbursements from principal
Status: in_force

25. Disbursements from Principal. a. A trustee shall make the following disbursements from principal: (1) commissions allowed by law to a trustee on principal receipts or distributions or on termination of the trust estate; (2) the remaining one-half of the fees paid to banks and other financial institutions for custodial services, if properly chargeable to the trust; (3) fees paid to banks and other financial institutions and registered investment advisors for investment advisory or investment management services, if properly chargeable to the trust; (4) costs of investing and reinvesting principal and payments on the principal of an indebtedness, including a mortgage or security interest amortized by periodic payments of principal; (5) extraordinary repairs or expenses incurred in making a capital improvement, including special assessments, and disbursements made to prepare property for sale; (6) court costs, attorneys' fees, accountants' fees and other fees, incurred on an accounting or judicial proceeding or in maintaining or defending any action to construe a will or a trust, protect it or the trust estate, or assure the title of any property, unless properly chargeable to income under subsection c. of section 24 of this act or the court otherwise directs; (7) premiums paid on an insurance policy not described in subsection d. of section 24 of this act of which the trust is the owner and beneficiary; (8) estate, inheritance and other transfer taxes, including penalties apportioned to the trust; (9) disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the cost of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties and defending claims based on environmental matters; and (10) if an estate or inheritance tax is levied in respect of a trust in which both an income beneficiary and remainderman have an interest, any amount apportioned to the trust, including penalties, even though the income beneficiary also has rights in the principal. b. If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. L.2001,c.212,s.25.
N.J. Stat. § 3A:37-5 — NJ Code / Title 3A / Chapter 37 / Section 37-5
Waiver of jointure; effect of demand
Status: in_force

If a jointure is made before an intended wife becomes of age, or during her marriage, the widow may, at her election, waive the jointure and demand and have her dower. If a jointure shall, through any defect, fail to be a legal bar to dower and the widow, availing herself of such defect, shall demand her dower, the estate or interest so conveyed or assured to such widow shall thereupon cease and determine.
N.J. Stat. § 3B:31-54 — NJ Code / Title 3B / Chapter 31 / Section 31-54
Duty to administer trust.
Status: in_force

3B:31-54. Duty to Administer Trust. Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this act and other applicable law. L.2015, c.276, s.1.
N.J. Stat. § 3B:22-34 — NJ Code / Title 3B / Chapter 22 / Section 22-34
Authority of court to pass upon claims against the estate and upon amount and value of estate
Status: in_force

In an action to have an estate adjudged insolvent, the court may adjudicate upon and determine the amount and value of the estate and the liability of the estate on claims made against it. L.1981, c. 405, s. 3B:22-34, eff. May 1, 1982.
N.J. Stat. § 3B:16-4 — NJ Code / Title 3B / Chapter 16 / Section 16-4
Property to be included in inventory and appraisal
Status: in_force

The appraisers shall make an inventory and appraisement of all the real and personal property of which the decedent died seized and possessed. L.1981, c. 405, s. 3B:16-4, eff. May 1, 1982.
N.J. Stat. § 3B:14-54 — NJ Code / Title 3B / Chapter 14 / Section 14-54
Application of payments of money or transfer of property made to fiduciaries
Status: in_force

A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary is authorized to receive, is not responsible for the proper application thereof by the fiduciary. Any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary. L.1981, c. 405, s. 3B:14-54, eff. May 1, 1982.
N.J. Stat. § 3B:12B-14 — NJ Code / Title 3B / Chapter 12B / Section 12B-14
Jurisdiction declined by reason of conduct.
Status: in_force

14. Jurisdiction declined by reason of conduct. a. If, at any time, a court of this State determines that it acquired jurisdiction to declare a person incapacitated, appoint a guardian, or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (a) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (b) whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection c. of section 13 of P.L.2012, c.36 (C.3B:12B-13); and (c) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 9 of P.L.2012, c.36 (C.3B:12B-9). b. If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than P.L.2012, c.36 (C.3B:12B-1 et al.). L.2012, c.36, s.14.
N.J. Stat. § 3A:16-17 — NJ Code / Title 3A / Chapter 16 / Section 16-17
Compensation to dower or curtesy holder by lump sum or investment
Status: in_force

When a right or estate of dower or curtesy is sold pursuant to section 3A:16-16 of this title, the court shall direct payment of such sum in gross out of the proceeds of the sale of the real estate to the person entitled to such right or estate, as shall be deemed a just and reasonable satisfaction therefor, and which the person so entitled shall consent in writing to accept in lieu thereof. If no such consent is given, the court shall ascertain and determine what proportion of the proceeds will be a just and reasonable sum to be invested for the benefit of the person entitled to such right or estate, and shall direct that such sum be invested under direction and control of the court for the benefit of the parties entitled, and that the income thereon be paid to them as it becomes due as a compensation for, and in lieu of the right or estate of dower or curtesy, and that at the death of the person entitled to the income the principal sum be paid to or distributed among the parties entitled thereto.
N.J. Stat. § 3B:18-25 — NJ Code / Title 3B / Chapter 18 / Section 18-25
Fiduciaries may take annual commissions on corpus
Status: in_force

3B:18-25. a. Fiduciaries may annually, without court allowance, take commissions on corpus (including accumulated income which has been invested by the fiduciary) in the amount of $5.00 per thousand dollars of corpus value on the first $400,000.00 of value of corpus and $3.00 per thousand dollars of the corpus value in excess of $400,000.00. b. Notwithstanding the provisions of subsection a. of this section, if the fiduciary is a banking institution, foreign bank or savings and loan association authorized to exercise fiduciary powers, the fiduciary shall be entitled to such commissions as may be reasonable. c. Notwithstanding the provisions of subsection a. of this section, a fiduciary may take a minimum commission of $100.00 annually. d. The value of the corpus for the purpose of this section shall be the "presumptive value" as defined in N.J.S.3B:18-18 or, at the option of the fiduciary, the value at the end of the period. e. Upon application of a person interested in the trust or guardianship, a court may review the reasonableness of the commissions of the fiduciary, provided, however, the fiduciary shall be entitled to receive at least the compensation provided for all fiduciaries as set forth in subsections a. and c. of this section. Amended 1988, c.165; 1999, c.159, s.11.
N.J. Stat. § 3B:13A-36 — NJ Code / Title 3B / Chapter 13A / Section 13A-36
Conservator's compensation.
Status: in_force

3B:13A-36. A conservator shall be compensated for services in the same manner as a guardian for a minor or for a person who is incapacitated. amended 2013, c.103, s.43.
N.J. Stat. § 3B:17-5 — NJ Code / Title 3B / Chapter 17 / Section 17-5
Account by representative of deceased fiduciary
Status: in_force

When a fiduciary dies without having filed an account or having fully settled and obtained an allowance of an account of the administration of the estate that has come into his hands, his legal representative may settle the account. L.1981, c. 405, s. 3B:17-5, eff. May 1, 1982.
N.J. Stat. § 3B:11-17 — NJ Code / Title 3B / Chapter 11 / Section 11-17
Trustees' commission
Status: in_force

2. The trustees of a pooled trust fund established pursuant to section 1 of this act for the benefit of not less than 200 purchasers or intended funeral recipients shall be entitled to a commission of not more than 1% per annum of the corpus of the trust fund. The trustees of a pooled trust fund for the benefit of less than 200 purchasers or intended funeral recipients shall not be entitled to any commission. All expenses incurred in the administration of such a trust or the services rendered thereby shall be deducted from income received by the trustees and in no event shall the trustees invade the corpus of the trust funds. L.1985,c.147,s.2; amended 1993,c.147,s.21.
N.J. Stat. § 3A:2A-41 — NJ Code / Title 3A / Chapter 2A / Section 2A-41
Meaning of child and related terms
Status: in_force

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, a. The relationships and rights of an adopted minor child shall be those as provided by section 14 of P.L.1977, c. 367 (C. 9:3-50), and the relationships and rights of an adopted adult shall be as provided in N.J.S. 2A:22-3. b. In cases not covered by subsection a., a person is the child of its natural parents regardless of their marital status. The parent and child relationship may be established by proof that parentage has been adjudicated under prior law, under the laws governing probate, by an order of a court in another state or pursuant to the "New Jersey Parentage Act," P.L.1983, c.17 (C.9:17-38 et seq.). L.1977, c. 412, s. 44, eff. Sept. 1, 1978. Amended by L.1979, c. 221, s. 2, eff. Oct. 11, 1979; L.1983, c. 10, s. 1.
N.J. Stat. § 3B:12-47 — NJ Code / Title 3B / Chapter 12 / Section 12-47
Persons to whom funds may be paid.
Status: in_force

3B:12-47. Persons to whom funds may be paid. Funds expended by the guardian of the estate of a minor or an incapacitated person under N.J.S.3B:12-43 may be paid by the guardian to any person, including the ward, to reimburse for expenditures which the guardian might have made, or in advance for services to be rendered to the ward when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances. Amended 2005, c.304, s.34.
N.J. Stat. § 3B:31-57 — NJ Code / Title 3B / Chapter 31 / Section 31-57
Duty of prudent administration.
Status: in_force

3B:31-57. Duty of Prudent Administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. L.2015, c.276, s.1.
N.J. Stat. § 3B:14-62 — NJ Code / Title 3B / Chapter 14 / Section 14-62
Abandonment of real property may be authorized
Status: in_force

A fiduciary of or any person interested in an estate or a trust may apply to the court for a judgment or order directing the fiduciary to abandon any improved or unimproved real property that is an asset of the estate or trust and, which because of liens, encumbrances, the absence or lack of revenue, or for other reasons, does not have a value worth protecting, and that it is for the best interests of persons having an interest in the estate or trust that the real property be abandoned. L.1981, c. 405, s. 3B:14-62, eff. May 1, 1982.
N.J. Stat. § 3B:23-15 — NJ Code / Title 3B / Chapter 23 / Section 23-15
Abatement where subject of specific devise sold
Status: in_force

If the subject of a specific devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. L.1981, c. 405, s. 3B:23-15, eff. May 1, 1982.
N.J. Stat. § 3B:17-9 — NJ Code / Title 3B / Chapter 17 / Section 17-9
Nontestamentary trustee defined
Status: in_force

As used in this article, "nontestamentary trustee" means any owner of real or personal property who holds title thereto subject to equitable duties to deal with the property for the benefit of another or others arising from an express intention to create those duties manifested in writing otherwise than by a will or other testamentary disposition of property. L.1981, c. 405, s. 3B:17-9, eff. May 1, 1982.
N.J. Stat. § 3B:23-24 — NJ Code / Title 3B / Chapter 23 / Section 23-24
Refunding bond of devisee or distributee
Status: in_force

A personal representative shall, on paying a devise or distributive share or on delivering an instrument of distribution to the person entitled, take a refunding bond therefor, to be filed in the office of the surrogate of the county wherein he received his letters or in the office of the clerk of the Superior Court, if he received his letters from the Superior Court. L.1981, c. 405, s. 3B:23-24, eff. May 1, 1982.
N.J. Stat. § 3B:11-15 — NJ Code / Title 3B / Chapter 11 / Section 11-15
Application of article
Status: in_force

This article shall apply to all trusts, as defined herein, whether created before or after December 13, 1971. L.1981, c. 405, s. 3B:11-15, eff. May 1, 1982.
N.J. Stat. § 3B:31-14 — NJ Code / Title 3B / Chapter 31 / Section 31-14
Representation by holder of general testamentary power of appointment.
Status: in_force

3B:31-14. Representation by Holder of General Testamentary Power of Appointment. a. To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. b. A holder of a general power of appointment in favor of the holder or holder's estate shall not be deemed to have a conflict with permissible appointees and takers in default. L.2015, c.276, s.1.
N.J. Stat. § 3B:17-6 — NJ Code / Title 3B / Chapter 17 / Section 17-6
Examination of accountant on exceptions to account
Status: in_force

On exceptions to an account of a fiduciary, the court or any party interested therein may examine the accountant, on oath, concerning the truth and fairness of the account. L.1981, c. 405, s. 3B:17-6, eff. May 1, 1982.
N.J. Stat. § 3B:8-19 — NJ Code / Title 3B / Chapter 8 / Section 8-19
Persons subject to contribution.
Status: in_force

3B:8-19. Persons subject to contribution. Only original transferees from, or appointees of, the decedent and their donees, to the extent the donees have the property or its proceeds, are subject to the contribution to make up the elective share of the surviving spouse or domestic partner. A person liable to contribution may choose to give up the property transferred to him or to pay its value as fixed in the manner provided in N.J.S. 3B:8-4. Amended 2005, c.331, s.22.
N.J. Stat. § 3B:13-27 — NJ Code / Title 3B / Chapter 13 / Section 13-27
Powers of public guardian as guardian of veterans' estates.
Status: in_force

3B:13-27. The public guardian of veterans who are incapacitated shall have, in respect of any veteran and the estate of any veteran for whom the public guardian is appointed, the same power and authority as any other duly appointed guardian of a person who is incapacitated. amended 2013, c.103, s.36.
N.J. Stat. § 3B:14-19 — NJ Code / Title 3B / Chapter 14 / Section 14-19
Discharge from particular trust; effect
Status: in_force

Where a fiduciary is appointed by a will to perform a particular trust thereunder, he may be discharged from the performance thereof by the court. The court may grant the discharge and the fiduciary shall be relieved of all further duties and liabilities with respect to the trust, except accounting for and paying over to his successor all moneys or assets pertaining to the trust, for which he is accountable. L.1981, c. 405, s. 3B:14-19, eff. May 1, 1982.
N.J. Stat. § 3B:12-54 — NJ Code / Title 3B / Chapter 12 / Section 12-54
Duty of guardian to deliver property when minor attains 18 years of age.
Status: in_force

3B:12-54. Duty of guardian to deliver property when minor attains 18 years of age. Except as provided in section 2 of P.L.2003, c.258 (C.3B:12-54.1), when a minor who has not been adjudged an incapacitated person attains 18 years of age, his guardian, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former ward as soon as possible. Amended 2003, c.258, s.1; 2005, c.304, s.37.
N.J. Stat. § 3B:14-29 — NJ Code / Title 3B / Chapter 14 / Section 14-29
Exercise of powers by domiciliary foreign fiduciary; security for costs
Status: in_force

Upon compliance with N.J.S. 3B:14-28, a domiciliary foreign fiduciary may exercise as to assets in this State all powers he would have had if he had received letters or been appointed in this State, including the power to release and discharge real or personal estate from a mortgage, judgment or other lien or encumbrance held by his decedent, ward or trust. Whether N.J.S. 3B:14-28 is complied with prior to, pending, or subsequent to the action, a domiciliary foreign fiduciary may maintain, or be made a party defendant or otherwise, to any action in any court of this State as if letters had been granted to him in this State, subject to any conditions generally imposed upon nonresident parties. Security for costs may be required of him. L.1981, c. 405, s. 3B:14-29, eff. May 1, 1982.
N.J. Stat. § 3B:15-6 — NJ Code / Title 3B / Chapter 15 / Section 15-6
Conditions of bonds on certain grants of administration
Status: in_force

In the case of the grant of letters of administration durante minori aetate, durante absentia, pendente lite, cum testamento annexo and other grants of administration, the conditions of the fiduciary's bond shall be substantially as provided in N.J.S. 3B:15-5 with changes as shall be appropriate in view of the nature of the respective grants. L.1981, c. 405, s. 3B:15-6, eff. May 1, 1982.
N.J. Stat. § 3A:25-45 — NJ Code / Title 3A / Chapter 25 / Section 25-45
Devolution of disclaimed property or interest; relation back to date of death
Status: in_force

Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and (b) as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power. L.1979, c. 484, s. 7 eff. Feb. 28, 1980.
N.J. Stat. § 3B:13-15 — NJ Code / Title 3B / Chapter 13 / Section 13-15
Investments
Status: in_force

A guardian shall invest the funds of the estate in a manner and in securities, in which the guardian has no interest, as allowed by law or approved by the court. L.1981, c. 405, s. 3B:13-15, eff. May 1, 1982.
N.J. Stat. § 3B:31-17 — NJ Code / Title 3B / Chapter 31 / Section 31-17
Appointment of representative.
Status: in_force

3B:31-17. Appointment of Representative. a. If the court determines that an interest is not represented under this article or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem or other representative may be appointed to represent several persons or interests. b. A guardian ad litem or other representative may act on behalf of the individual or person represented with respect to any matter arising under this act, whether or not a judicial proceeding concerning the trust is pending. c. A guardian ad litem or other representative may consider the benefit accruing to the living members of the individual's family. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-16 — NJ Code / Title 3B / Chapter 31 / Section 31-16
Representation by person having substantially identical interest.
Status: in_force

3B:31-16. Representation by Person Having Substantially Identical Interest. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. L.2015, c.276, s.1.
N.J. Stat. § 3B:18-32 — NJ Code / Title 3B / Chapter 18 / Section 18-32
When rates for corpus commissions taken annually effective
Status: in_force

With respect to fiduciaries' annual corpus commissions, the rates set forth in this article shall apply for all annual periods ending after February 29, 1980. L.1981, c. 405, s. 3B:18-32, eff. May 1, 1982.
N.J. Stat. § 3B:12B-16 — NJ Code / Title 3B / Chapter 12B / Section 12B-16
Proceedings in more than one state.
Status: in_force

16. Proceedings in more than one state. Except for a petition for the appointment of a guardian or issuance of a protective order in an emergency under paragraph (1) of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), or appointment of a guardian of estate or issuance of a protective order limited to property located in this State under paragraph (2) or (3) of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following shall apply: a. A court of this State with jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) may proceed unless a court of another state acquires jurisdiction under similar provisions before the appointment or issuance of the order. b. A court of this State without jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9), whether at the time the petition is filed or at any time before the appointment or issuance of a judgment or order, shall stay the proceeding and communicate with the court of another state. If the court in the other state has jurisdiction, the court of this State shall dismiss the petition unless the court in the other state determines that the court of this State is a more appropriate forum. L.2012, c.36, s.16.
N.J. Stat. § 3B:15-32 — NJ Code / Title 3B / Chapter 15 / Section 15-32
Unsatisfied claims
Status: in_force

If the claim of any person aggrieved by the forfeiture of the bond shall remain unsatisfied after the discontinuance of the action, the person may reprosecute the bond, in the same manner as if the action had not been instituted on the bond. L.1981, c. 405, s. 3B:15-32, eff. May 1, 1982.
N.J. Stat. § 3B:11-14 — NJ Code / Title 3B / Chapter 11 / Section 11-14
Power of courts or Attorney General not impaired by article
Status: in_force

Nothing in this article shall impair the power conferred by law upon the courts or the Attorney General of this State with respect to any trust subject to the provisions of this article. L.1981, c. 405, s. 3B:11-14, eff. May 1, 1982.
N.J. Stat. § 3B:11-28 — NJ Code / Title 3B / Chapter 11 / Section 11-28
Contributions; written statement of services
Status: in_force

The board may accept contributions, bequests, and designations under life insurance policies to the community trust on behalf of individuals with severe chronic disabilities for the purpose of qualifying them as beneficiaries. At the time a contribution, bequest, or assignment of insurance proceeds is made, the trustor shall receive a written statement of the services to be provided to the beneficiary. The statement shall include a starting date for the delivery of services or the condition precedent, such as the death of the trustor, which shall determine the starting date. The statement shall describe the frequency with which services shall be provided and their duration, and the criteria or procedures for modifying the program of services from time to time in the best interests of the beneficiary. L. 1985, c. 424, s. 10.
N.J. Stat. § 3B:5-14 — NJ Code / Title 3B / Chapter 5 / Section 5-14
Tenancy in common; marriage and domestic partnership settlements.
Status: in_force

3B:5-14. Tenancy in common; marriage and domestic partnership settlements. Property descending and distributable under this article to two or more persons shall devolve upon them as tenants in common. Nothing in this article shall be construed or taken to make void or in any way to affect any marriage settlement or settlement concerning a domestic partnership. Amended 2005, c.331, s.4.