N.J. Stat. § 3B:10-30.1 — NJ Code / Title 3B / Chapter 10 / Section 10-30.1
Voluntary discharge of personal representative for an estate.
Status: in_force

1. a. (1) Following appointment by the Surrogate's Court, whenever a personal representative for an estate is unwilling or unable to perform the duties and powers of a personal representative, that personal representative may seek to be voluntarily discharged from the further performance of the duties and powers of the office by filing for voluntary discharge with the Surrogate's Court of the county which granted the personal representative's letters. Any application for voluntary discharge shall be consented to by all parties in interest to the estate that is under the administration of the personal representative seeking to be discharged. (2) Nothing in this section concerning the voluntary discharge of a personal representative through an application filed with the Surrogate's Court shall prohibit a personal representative from instead filing a discharge action with the Superior Court pursuant to N.J.S.3B:14-18 et seq. b. The voluntary discharge filing shall include the following: (1) A request for discharge, made in accordance with Rules of Court adopted by the Supreme Court, which contains the following information: (a) the name of the personal representative seeking to be discharged, and the representative's address where future pleadings involving the estate can be served; (b) the name and address of every party in interest to the estate, and a description of that party's interest; (c) an affirmation by the personal representative that every party in interest to the estate listed in the form pursuant to subparagraph (b) of this paragraph has consented to the voluntary discharge of the personal representative, accompanied by the written, notarized consent of every party in interest, or that of any party in interest under disability whose consent is provided by the party's guardian or other legal representative; (d) an affirmation by the personal representative, if applicable, that every party in interest to the estate listed in the form pursuant to subparagraph (b) of this paragraph has consented to waiving the additional requirement, set forth in subsection c. of this section, that the personal representative file a verified final account with the Chancery Division, Probate Part for adjudication, showing the true condition of the estate, in order to release any sureties on the personal representative's bond, accompanied by the written, notarized consent of every party in interest, or that of any party in interest under disability whose consent is provided by the party's guardian or other legal representative. This consent and the consent presented pursuant to subparagraph (c) of this paragraph, whereby every party in interest has agreed to the voluntary discharge of the personal representative, may be included in the same notarized document; and (e) a statement that the personal representative's voluntary discharge is not intended to impair the rights of any party in interest or creditor of the estate; and (2) Along with the request for discharge and any accompanying documents, an application completed by another person to be appointed a successor or substitute personal representative for the estate. c. (1) The personal representative filing for voluntary discharge with the Surrogate's Court shall also file a verified final account showing the true condition of the estate with a verified complaint in the Chancery Division, Probate Part for adjudication, unless every party in interest to the estate listed in the Personal Representative Voluntary Discharge Form pursuant to subparagraph (b) of paragraph (1) of subsection b. of this section has consented in a written, notarized document to waiving this additional requirement and this consent accompanies the discharge form in lieu of any filing for a final account of the estate with the Chancery Division, Probate Part. (2) Any sureties on the bond of a personal representative who files for voluntary discharge with the Surrogate's Court shall not be released until a final judgment has been rendered on the verified final account of the estate, unless the additional requirement for the final account was waived by the consent of every party in interest. (3) Notwithstanding any consent by every party in interest to waive the requirement of a verified final account of an estate, a creditor of that estate whose interest has not been satisfied may petition the Superior Court for an accounting of the estate. d. (1) A personal representative shall be discharged from the further performance of the duties and powers of the office, and the personal representative's letters revoked, upon the approval of the personal representative's voluntary discharge filing by the Surrogate's Court ; except the personal representative shall account for and pay over the money and assets with which the personal representative is chargeable by virtue of the office to the successor or substitute personal representative. (2) A personal representative who is voluntarily discharged from the office pursuant to an approved voluntary discharge filing shall not be entitled to any statutory commissions relating to the performance of the duties and powers of that office. L.2017, c.208, s.1.
N.J. Stat. § 3B:22-13 — NJ Code / Title 3B / Chapter 22 / Section 22-13
Failure to sue after notice to perfect claim; claim debarred
Status: in_force

If a creditor fails to commence an action upon his claim within 1 month after being notified to establish the claim by judgment, as provided by N.J.S. 3B:22-11, he shall be thereafter forever barred from any action against the personal representative to recover on the claim. L.1981, c. 405, s. 3B:22-13, eff. May 1, 1982.
N.J. Stat. § 3B:3-12 — NJ Code / Title 3B / Chapter 3 / Section 3-12
Acts and events of independent significance.
Status: in_force

3B:3-12. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of a will of another individual is such an event. L.1981, c.405, s.3B:3-12, eff. May 1, 1982; amended 2004, c.132, s.15.
N.J. Stat. § 3B:20-27 — NJ Code / Title 3B / Chapter 20 / Section 20-27
Definitions
Status: in_force

3B:20-27. Definitions. As used in this article: a. (Deleted by amendment, P.L.1997, c.26). b. "Securities" means instruments which are commonly dealt with on securities exchanges or markets or commonly recognized in any area in which they are issued or dealt with as a medium for investment, and which are subject to the provisions of chapter 8, "Uniform Commercial Code-Investment Securities" (chapter 8, Title 12A of the New Jersey Statutes); c. "Clearing corporation" means a corporation as defined in N.J.S.12A:8-102. Amended 1997, c.26, s.22.
N.J. Stat. § 3B:9-2 — NJ Code / Title 3B / Chapter 9 / Section 9-2
Disclaimer of an interested party.
Status: in_force

3B:9-2. a. Any person who is an heir, or a devisee or beneficiary under a will or testamentary trust, or appointee under a power of appointment exercised by a will or testamentary trust, including a person succeeding to a disclaimed interest, may disclaim in whole or in part any property or interest therein, including a future interest, by delivering and filing a disclaimer under this chapter. b. Any person who is a grantee, donee, surviving joint tenant, surviving party to a P.O.D. account or a trust deposit account, person succeeding to a disclaimed interest, beneficiary under a nontestamentary instrument or contract, appointee under a power of appointment exercised by a nontestamentary instrument, or a beneficiary under an insurance policy, may disclaim in whole or in part any such property or interest therein by delivering, and if required by N.J.S. 3B:9-7, by filing, a written disclaimer under this chapter. c. A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him by right of survivorship without regard to the extent, if any, the surviving joint tenant contributed to the creation of the joint property interest. d. A disclaimer may be of a pecuniary or a fractional share, expressed as either a percentage or dollar amount, specific property or any limited interest or estate. Amended 2004, c.132, s.64.
N.J. Stat. § 3B:28-14 — NJ Code / Title 3B / Chapter 28 / Section 28-14
N.J.S. 3A:37-1 saved from repeal
Status: in_force

N.J.S. 3A:37-1 is saved from repeal. Under this section, a devise by a decedent to his or her spouse for life or otherwise is deemed to be in lieu of dower or curtesy unless the spouse files a written dissent within 6 months after probate rejecting the devise. L.1981, c. 405, s. 3B:28-14, eff. May 1, 1982.
N.J. Stat. § 3B:21-3 — NJ Code / Title 3B / Chapter 21 / Section 21-3
Proof of authority of, and giving of security by, guardian or trustee
Status: in_force

In any action brought pursuant to N.J.S. 3B:21-1, the court shall be satisfied by proof that the guardian or trustee is authorized and qualified to act in the state or country to which the money or other property is to be removed. The court shall require him to give bond, in double the amount or value of the moneys or other property to be removed, or in any other sum and with an obligee, conditions and sureties as the court may determine. A bond need not be required if the court is satisfied that he has given security satisfactory to the court in that state or country or is not required to furnish security under the laws thereof. L.1981, c. 405, s. 3B:21-3, eff. May 1, 1982.
N.J. Stat. § 3B:11-1 — NJ Code / Title 3B / Chapter 11 / Section 11-1
Creator's reserved interest in trust alienable subject to creditors' claims.
Status: in_force

3B:11-1. Creator's reserved interest in trust alienable subject to creditors' claims. a. The right of any creator of a trust to receive either the income or the principal of the trust or any part of either thereof, presently or in the future, shall be freely alienable and shall be subject to the claims of his creditors, notwithstanding any provision to the contrary in the terms of the trust. b. A trustee's discretionary authority to pay trust income or principal to the creator of such trust in an amount equal to the income taxes on any portion of the trust principal chargeable to the creator shall not be considered to be a right of the trust creator to receive trust income or principal within the meaning of subsection a. of this section. The trust creator shall not be considered to have the right to receive income or principal of the trust solely because the trustee is authorized under the trust instrument or any other provision of law to pay or reimburse the creator for any tax on trust income or trust principal that is payable by the creator under the law imposing such tax or to pay any such tax directly to the taxing authorities. No creditor of a trust creator shall be entitled to reach any trust property based on the discretionary powers described in this subsection. amended 2013, c.55.
N.J. Stat. § 3B:24-3 — NJ Code / Title 3B / Chapter 24 / Section 24-3
Apportionment of tax where temporary interest is created
Status: in_force

Where a trust is created, or other provision made in any nontestamentary instrument whereby any person is given an interest in income, or an estate for years, or for life, or other temporary interest in any property or fund, the tax apportionable against both the temporary interest and the remainder thereafter shall, in the absence of directions to the contrary in the instrument, be charged against and paid out of the corpus of the property or fund without apportionment between remainders and temporary estates. The provisions of this section shall apply notwithstanding that the holder of the temporary interest is given rights to the corpus. L.1981, c. 405, s. 3B:24-3, eff. May 1, 1982.
N.J. Stat. § 3B:13-12 — NJ Code / Title 3B / Chapter 13 / Section 13-12
Notice to Federal agency
Status: in_force

The clerk of the court shall, within 5 days of the date of filing of the account, mail a copy of the account to the office of the Veterans' Administration having jurisdiction over the area in which the county lies. L.1981, c. 405, s. 3B:13-12, eff. May 1, 1982.
N.J. Stat. § 3B:3-30 — NJ Code / Title 3B / Chapter 3 / Section 3-30
Allowances by Superior Court to spouse or children pending contest over probate of will
Status: in_force

If a contest is pending over the probate of any paper purporting to be a will, the Superior Court may, on application by the widow or widower of the decedent, by any of decedent's children, or by any children of any of decedent's deceased children, order the person having the custody of the decedent's estate to pay out of the income of the estate, pending the contest, an allowance for the support and maintenance of the widow, widower, child or children as the court may deem just; and any further allowance out of the income, or, if need be, out of the corpus, of the estate as may be necessary to meet the expenses incurred or to be incurred in conducting the contest. To entitle a widow or widower to the benefit of this section the applicant must have been ceremonially married to the decedent and been living with him or her as his or her spouse at decedent's death. L.1981, c. 405, s. 3B:3-30, eff. May 1, 1982.
N.J. Stat. § 3A:25-49 — NJ Code / Title 3A / Chapter 25 / Section 25-49
Continuance of rights under other statutes
Status: in_force

This act does not abridge the right of a person to waive, release, disclaim or renounce property or an interest therein under any other statute. L.1979, c. 484, s. 11 eff. Feb. 28, 1980.
N.J. Stat. § 3B:10-7 — NJ Code / Title 3B / Chapter 10 / Section 10-7
Ancillary administration on estate of nonresident intestate
Status: in_force

Where a nonresident dies intestate seized of real property or possessed of personal property in this State, or where the evidence of his personal property shall be in the hands of any resident of this State, the surrogate's court of the county wherein any of the real or personal property or evidence thereof, is situate, or the Superior Court, shall, in an action upon satisfactory proof of intestacy, issue letters of administration upon the estate of the nonresident to the administrator of his estate or, on notice to the administrator as the court shall require, to any person who would be entitled to administration if the intestate had been a resident at his death. L.1981, c. 405, s. 3B:10-7, eff. May 1, 1982.
N.J. Stat. § 3B:7-6 — NJ Code / Title 3B / Chapter 7 / Section 7-6
Effect of final judgment of conviction.
Status: in_force

3B:7-6. A final judgment of conviction establishing responsibility for the intentional killing of the decedent is conclusive for purposes of this chapter. In the absence of such a conviction the court may determine by a preponderance of evidence whether the individual was responsible for the intentional killing of the decedent for purposes of this chapter. Amended 2004, c.132, s.61.
N.J. Stat. § 3B:10-26 — NJ Code / Title 3B / Chapter 10 / Section 10-26
Standards of care to be observed
Status: in_force

Except as otherwise provided by the terms of a decedent's will, the personal representative shall observe the standards in dealing with the estate assets that would be observed by a prudent man dealing with the property of another, and if the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, he is under a duty to use those skills. L.1981, c. 405, s. 3B:10-26, eff. May 1, 1982.
N.J. Stat. § 3B:17-11 — NJ Code / Title 3B / Chapter 17 / Section 17-11
Surrogate's fees
Status: in_force

The surrogate and the Clerk of the Superior Court shall receive for filing, auditing, and reporting to the court the accounts of nontestamentary trustees the same fees as are now or may hereafter be provided by law in the case of accountings by other fiduciaries. L.1981, c. 405, s. 3B:17-11, eff. May 1, 1982.
N.J. Stat. § 3B:11-29 — NJ Code / Title 3B / Chapter 11 / Section 11-29
Itemized annual statement
Status: in_force

Along with the annual report filed with the Secretary of State pursuant to Title 15A of the New Jersey Statutes, the board shall file an itemized statement which shows the funds collected for the year, income earned, salaries, other expenses incurred, and the opening and final trust balances. A copy of this statement shall be made available, upon request, to any beneficiary, trustor, or designee of the trustor. In addition, once annually, each trustor or the trustor's designee shall receive a detailed individual statement of the services provided to the trustor's beneficiary during the previous 12 months and the services to be provided during the following 12 months. The board shall make a copy of the individual statement available to any beneficiary, upon request. L. 1985, c. 424, s. 11.
N.J. Stat. § 3B:12-39 — NJ Code / Title 3B / Chapter 12 / Section 12-39
Delegation of parent's, custodian's, or guardian's powers regarding child's or minor ward's care, custody or property; limitations.
Status: in_force

3B:12-39. Delegation of parent's, custodian's, or guardian's powers regarding child's or minor ward's care, custody or property; limitations. a. A parent, other than where sole or full legal and physical custody of the parent's minor child has been awarded to another by a court of competent jurisdiction, with the consent of the other parent, unless the other parent is deceased, incapacitated, or unavailable, or a custodian of a minor child who is not that child's parent, with the consent of a parent with whom the custodian shares legal custody, unless that parent is deceased, incapacitated, or unavailable, or a guardian of a minor child or a minor ward may: by a properly executed power of attorney, delegate to another person any of the parent's, custodian's, or guardian's powers regarding care, custody, or property of the minor child or minor ward. b. A delegation made under this section shall: (1) expire one year from the effective date of the properly executed power of attorney, provided, however, that the parent, custodian, or guardian shall be permitted to renew the delegation for additional one-year periods using the same process as applies to the original delegation, and may be extended for an additional six months in exigent circumstances; and (2) may become effective upon proper execution of the power of attorney or upon another activating event specified in a properly executed power of attorney. c. A parent, custodian, or guardian may revoke a delegation made under this section by notifying the attorney-in-fact named in the power of attorney orally, in writing, or by any other act evidencing a specific intent to revoke the power of attorney. d. A parent, custodian, or guardian may delegate under this section only such powers as the parent, custodian, or guardian possesses. e. A delegation made under this section shall not deprive the parent, custodian, or guardian of the parent's, custodian's, or guardian's existing powers regarding care, custody, or property of the minor child or minor ward, but the parent, custodian, or guardian shall exercise such powers, insofar as the parent, custodian, or guardian is able, concurrently with the attorney-in-fact named in the power of attorney. In the event of a disagreement between a parent, custodian, or guardian and the attorney-in-fact regarding the care, custody, or property of the minor child or minor ward, the decision of the parent, custodian, or guardian shall control. f. Nothing in this section shall be construed to involuntarily deprive any parent of parental rights. g. As used in this section: "Activating event" means an event stated in the delegation that empowers the attorney-in-fact to assume the duties of the office. Activating events include, but are not limited to: the execution of a power of attorney pursuant to this section; 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 activated by the death of a parent, guardian, or custodian extend beyond the year that the power of attorney is in effect. "Attending physician" means the physician who has primary responsibility for the treatment and care for the parent, custodian, or guardian making the delegation. 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 section. When no physician has this responsibility, a physician who is familiar with the parent's, custodian's, or legal guardian's medical condition may act as the attending physician. "Attorney-in-fact" means the person to whom a parent, custodian, or guardian delegates powers under a properly executed power of attorney pursuant to this section. "Consent" means written consent of a non-delegating parent as evidenced by that person's signature on the power of attorney, in the presence of two witnesses. "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. "Exigent circumstances" means circumstances that render the parent, custodian, or guardian who makes a delegation unable to execute a renewal of the delegation for reasons including, but not limited to, that the parent, custodian, or guardian is debilitated or incapacitated, and that would cause imminent harm or threatened harm to the well-being of the parent's, custodian's, or guardian's minor child or minor ward without such renewal. "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 minor 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, and a consequent inability to make these decisions. "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 child for whom a guardian is appointed. "Parent" means the biological or adoptive parent of a minor child. "Unavailable" means: a parent who has not been involved in raising or financially supporting the child for two years or a third of the life of the child, whichever is less, immediately preceding the delegation made pursuant to this section; a parent whose identity or whereabouts are unknown; or a parent who cannot be reached after diligent efforts. h. A delegation made under this section may, but need not, be in the following form: POWER OF ATTORNEY AND DELEGATION OF AUTHORITY BY PARENT, CUSTODIAN, OR GUARDIAN CONCERNING MINOR CHILD(REN) OR MINOR WARD(S) PURSUANT TO N.J.S. 3B:12-39 This power of attorney is made between (name(s), of parent(s), custodian(s), or guardian(s)), residing at (address(es) of parent(s), custodian(s), or guardian(s)) and reachable at (telephone number(s) of parent(s), custodian(s), or guardian(s)) and (name of alternative caregiver), referred to here as "attorney-in-fact," residing at (home address of alternative caregiver) and reachable at (telephone number of alternative caregiver). If a parent is signing, the other parent must generally also sign below to show consent. Similarly, if a custodian who shares legal custody with a parent is signing, the parent who shares legal custody must generally also sign below to show consent. If such parent does not sign below, please check off reason(s) to explain why: ___Such parent is deceased. ___By order of a court of competent jurisdiction, such parent retains neither legal nor physical custody of child(ren). ___Such parent is mentally or physically unable to give consent. ___Such parent has not been involved in raising or financially supporting child(ren) for two years or a third of the life of the child(ren), whichever is less, immediately preceding the date of the latest signature below. ___Identity or whereabouts of such parent are unknown to me. ___Despite diligent efforts described below, I was unable to reach such parent. Diligent efforts included: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Other:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ I/we appoint said attorney-in-fact, pursuant to N.J.S.3B:12-39, and delegate to said attorney-in-fact the following powers, all of which I/we possess, concerning the care, custody, and/or property of my/our minor child/minor ward, (name of minor child/minor ward), born on _____ day of ______, 20___ (add other minor children's or minor wards' names and birthdates as appropriate) ___Care-Giving. The attorney-in-fact shall have temporary care-giving authority for the minor child(ren)/minor ward(s), until such time as the minor child(ren)/minor ward(s) is/are returned to my/our physical custody, or his/her/their custody status is altered by a federal, state, or local agency; or changed by a court of law. ___Well-Being. The attorney-in-fact shall have the power to provide for the physical and mental well-being of the minor child(ren)/minor ward(s), including, but not limited to, providing food and shelter. ___Education. The attorney-in-fact shall have the authority to enroll the minor child(ren)/minor ward(s) in the appropriate educational institutions; obtain access to his/her/their school records; authorize his/her/their participation in school activities; and make any and all decisions related to his/her/their education, including, but not limited to, those related to special education. ___Health Care. The attorney-in-fact shall have the authority, to the same extent that a parent/custodian/guardian would have the authority, to make medical, dental, and mental health decisions; to sign documents, waivers, and releases required by a hospital or physician; to access medical, dental, or mental health records concerning the minor child(ren)/minor ward(s); to authorize the minor child(ren)'/ minor ward(s)' admission to or discharge from any hospital or medical care facility; to consult with any health care provider; to consent to the provision, withholding, modification, or withdrawal of any health care procedure; and to make other decisions related to the health care needs of the minor child(ren)/minor ward(s). ____Travel. The attorney-in-fact shall have the authority to make travel arrangements on behalf of the minor child(ren)/ minor ward(s) for destinations both inside and outside of the United States by air and/or ground transportation; to accompany the minor child(ren)/minor ward(s) on any such trips; and to make any and all related arrangements on behalf of the minor child(ren)/minor ward(s), including, but not limited to, hotel accommodations. ____Financial Interests. The attorney-in-fact may handle any and all financial affairs and any and all personal and legal matters concerning the minor child(ren)/minor ward(s). ____All Other Powers. The attorney-in-fact shall have the authority to handle and engage in any and all other matters relating to the care, custody, and property of the minor child(ren)/minor ward(s) which are permitted pursuant to applicable State law. By this delegation, I/we provide that the attorney-in-fact's authority shall take effect upon the following "activating event(s)" (check all that apply): ___The execution of this document on the latest date below; or ___My attending physician concludes that I am incapacitated, and thus unable to care for my minor child(ren)/minor ward(s); or ___My attending physician concludes that I am physically debilitated, and thus unable to care for my minor child(ren)/minor ward(s); or ___I am detained in immigration detention, removed, or deported; or ___I am incarcerated based on criminal charges, including pending charges, or conviction; or ___I am deployed in military service; or ___Upon my death, if I have made no more permanent care arrangements for my minor child or minor ward; or ___Other (specify reason). In the event that the person designated above is unable or unwilling to act as attorney-in-fact to my minor child(ren)/minor ward(s), I hereby name (name, address, and telephone number of alternate attorney-in-fact), as alternate attorney-in-fact of my minor child(ren)/minor ward(s). I/we understand that this delegation will expire one year from the execution of this document on the latest date below, and that the authority of the attorney-in-fact, if any, will cease, unless by that date (i) I renew this delegation, by the same process applicable to the original delegation; (ii) a court of competent jurisdiction appoints a custodian, guardian, or standby guardian for the minor child(ren)/minor ward(s); or (iii) exigent circumstances make it impossible for me to renew this delegation, and I have not made alternative care arrangements for my minor child(ren)/minor ward(s). I/we hereby authorize that the attorney-in-fact as set forth above shall be provided with a copy of my/our attending physician's statement(s), if applicable. In the event that an activating event occurs and a power of attorney is activated pursuant to this statement, I declare that it is my intention to retain full parental rights to the extent consistent with my condition and circumstances and, further, that I retain the authority to revoke the power of attorney consistent with my rights herein at any time. Parent's/Custodian's/Guardian's Signature: Date: Signature of other parent or of parent who shares legal custody with a custodian who signed above: Date: Witness's Signature: Address: Date: Witness's Signature: Address: Date: amended 2005, c.304, s.27; 2021, c.192, s.1; 2023, c.177, s.15.
N.J. Stat. § 3B:12-60 — NJ Code / Title 3B / Chapter 12 / Section 12-60
Guardian's duty with respect to will of deceased incapacitated person.
Status: in_force

3B:12-60. Guardian's duty with respect to will of deceased incapacitated person. Upon the death of an incapacitated person, the guardian shall deliver to the Surrogate of the county where the incapacitated person resided prior to death for safekeeping any will of the deceased person which may have come into the guardian's possession, inform the executor or a beneficiary named therein that he has done so, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto. Amended 2005, c.304, s.42.
N.J. Stat. § 3B:20-11.10 — NJ Code / Title 3B / Chapter 20 / Section 20-11.10
Delegation of investment, management functions by fiduciary
Status: in_force

10. a. A fiduciary may delegate investment and management functions that a prudent fiduciary of comparable skills could properly delegate under the circumstances. The fiduciary shall exercise reasonable care, skill, and caution in: (1) selecting an agent with special investment skills and expertise and of sound financial standing; (2) establishing the scope and terms of the delegation consistent with the purpose and terms of the trust instrument; and (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation. b. In performing a delegated function, the agent shall owe to the trustee and the beneficiaries the same duties as the fiduciary and shall be held to the same standards as the fiduciary. c. The fiduciary who complies with the requirements of subsection a. of this section shall not be liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated. d. By accepting the delegation of a trust function from the fiduciary of a trust that is subject to the law of New Jersey, the agent submits to the jurisdiction of the courts of New Jersey, even if the delegation agreement provides otherwise. e. If there are two or more fiduciaries serving, only one of whom has special investment and management skills or expertise or has been named in reliance upon representations of such special skills or expertise, then the fiduciary or fiduciaries not possessed of such special skills or expertise may, pursuant to this section, delegate investment and management functions to the other fiduciary as if such other fiduciary were an agent selected in accordance with this section and subject to the provisions of this section. f. A fiduciary shall provide reasonable advance written notice on each occasion upon which the fiduciary intends to delegate investment and management functions pursuant to this section, including the identity of the agent, to the beneficiary or beneficiaries eligible to receive income from the trust on the date of the intended delegation. Upon providing such notice, the fiduciary shall be authorized to delegate investment and management functions pursuant to this section. L.1997,c.26,s.10.
N.J. Stat. § 3B:20-11.2 — NJ Code / Title 3B / Chapter 20 / Section 20-11.2
Compliance by fiduciary with prudent investor rule
Status: in_force

2. a. Except as provided in subsection b. of this section, a fiduciary who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule, as set forth in this act. b. The prudent investor rule is a default rule that may be expanded, restricted, eliminated, or otherwise altered by express provisions of the trust instrument. A fiduciary is not liable to a beneficiary to the extent that the fiduciary acted in reasonable reliance on those express provisions. Nothing herein shall affect the jurisdiction of the Superior Court to order or authorize a fiduciary to deviate from the express terms or provisions of a trust instrument for the causes, in the manner, and to the extent otherwise provided by law. L.1997,c.26,s.2.
N.J. Stat. § 3B:18-25.1 — NJ Code / Title 3B / Chapter 18 / Section 18-25.1
Taking annual amount on accounts of corpus commissions: two or more fiduciaries
Status: in_force

Taking annual amount on accounts of corpus commissions: two or more fiduciaries. If there are two or more fiduciaries, the amount of the annual commissions taken pursuant to N.J.S. 3B:18-25 may equal the commissions which may be taken pursuant to that section when there is but one fiduciary, plus one-fifth of the commissions for each fiduciary more than one. No one fiduciary shall be entitled to any greater commission than that which would be allowed if there were but one fiduciary involved. L. 1989, c. 7, s. 1.
N.J. Stat. § 3B:20-33 — NJ Code / Title 3B / Chapter 20 / Section 20-33
Certification of securities deposited
Status: in_force

A banking institution acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary securities deposited by the banking institution in a clearing corporation for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for the party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary. L.1981, c. 405, s. 3B:20-33, eff. May 1, 1982.
N.J. Stat. § 3B:13A-35 — NJ Code / Title 3B / Chapter 13A / Section 13A-35
Substituted conservator
Status: in_force

Upon the death of the conservator or his removal by the court for good cause or if he resigns with court approval and after filing his account, the court may appoint another conservator in the manner provided for by this chapter. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:19B-16 — NJ Code / Title 3B / Chapter 19B / Section 19B-16
Insurance policies and similar contracts
Status: in_force

16. Insurance Policies and Similar Contracts. a. Except as otherwise provided in subsection b. of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal. b. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income or, subject to section 12 of this act, loss of profits from a business. c. This section does not apply to a contract to which section 17 of this act applies. L.2001,c.212,s.16.
N.J. Stat. § 3B:22-44 — NJ Code / Title 3B / Chapter 22 / Section 22-44
Contribution between heirs and devisees liable
Status: in_force

Contribution between heirs and devisees liable under this article may be had as heretofore. L.1981, c. 405, s. 3B:22-44, eff. May 1, 1982.
N.J. Stat. § 3B:15-4 — NJ Code / Title 3B / Chapter 15 / Section 15-4
Bond when property unsafe or in danger of waste
Status: in_force

If a fiduciary has not previously furnished a bond and proof is made to the satisfaction of the court that the property in his hands is unsafe, insecure, or in danger of being wasted, the court may, at the instance of any person interested, including creditors, in the decedent's estate or the estate held by the fiduciary, require the fiduciary to furnish a bond with sureties to the Superior Court in a sum to be fixed by the court conditioned for the faithful performance of the fiduciary's duty. L.1981, c. 405, s. 3B:15-4, eff. May 1, 1982.
N.J. Stat. § 3B:15-11 — NJ Code / Title 3B / Chapter 15 / Section 15-11
When deposit permitted
Status: in_force

If the value of an estate or fund is so great that the court in which the fiduciary received his letters or appointment deems it inexpedient to require security in the full amount prescribed by law, or if the estate or fund is in cash or is invested in securities in which a fiduciary may by law invest money intrusted to him in his fiduciary capacity without special order of any court, the court may direct that any securities for the payment of money belonging to the estate or fund be deposited in a savings bank, savings institution or trust company incorporated under the laws of this State, or in a national bank, having safe deposit boxes for the use of private individuals, and that any money belonging to the estate or fund be deposited in a savings bank, savings institution or trust company incorporated under the laws of this State or in a national bank, which depository shall be approved by the court when it directs the making of the deposit. L.1981, c. 405, s. 3B:15-11, eff. May 1, 1982.
N.J. Stat. § 3B:12-48 — NJ Code / Title 3B / Chapter 12 / Section 12-48
Powers conferred upon a guardian.
Status: in_force

3B:12-48. Powers conferred upon a guardian. A guardian of the estate of a minor or an incapacitated person has all of the powers conferred upon the guardian by law and the provisions of this chapter except as limited by the judgment. These powers shall specifically include the right to file or defend any litigation on behalf of the ward, including but not limited to, the right to bring an action for divorce or annulment on any grounds authorized by law. Amended 2005, c.304, s.35.
N.J. Stat. § 3B:23-43 — NJ Code / Title 3B / Chapter 23 / Section 23-43
Right of retainer
Status: in_force

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt. L.1981, c. 405, s. 3B:23-43, eff. May 1, 1982.
N.J. Stat. § 3B:22-11 — NJ Code / Title 3B / Chapter 22 / Section 22-11
Acceptance or rejection of claim
Status: in_force

The personal representative shall, if satisfied that the claim is correct and should be paid, pay the claim or so much thereof as the amount of the assets available for distribution will permit. If not satisfied with the correctness thereof, the personal representative shall notify the claimant, his agent or attorney, to proceed forthwith to establish the disputed claim, or part thereof, by judgment. In that case the personal representative shall retain from the assets available for distribution a sum sufficient to pay the amount of the claim, together with interest and costs, until the claimant shall have had an opportunity to establish his claim by judgment. L.1981, c. 405, s. 3B:22-11, eff. May 1, 1982.
N.J. Stat. § 3B:12B-6 — NJ Code / Title 3B / Chapter 12B / Section 12B-6
Communication between courts.
Status: in_force

6. Communication between courts. a. A court of this State may communicate with a court of another state concerning a proceeding arising pursuant to P.L.2012, c.36 (C.3B:12B-1 et al.). The court may allow the parties to participate in the communication in accordance with the Rules Governing the Courts of the State of New Jersey. b. Except as otherwise provided in subsection c., the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. c. Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. L.2012, c.36, s.6.
N.J. Stat. § 3B:31-32 — NJ Code / Title 3B / Chapter 31 / Section 31-32
Construction to conform trust terms to probably intent of settlor.
Status: in_force

3B:31-32. Construction to Conform Trust Terms to Probable Intent of Settlor. Nothing in this act shall prevent the court from construing the terms of a trust, even if unambiguous, to conform to the settlor's probable intent. L.2015, c.276, s.1.
N.J. Stat. § 3B:18-6 — NJ Code / Title 3B / Chapter 18 / Section 18-6
Legal fees for attorney also serving as fiduciary
Status: in_force

If the fiduciary is a duly licensed attorney of this State and shall have performed professional services in addition to his fiduciary duties, the court shall, in addition to the commissions provided by this chapter, allow him a just counsel fee. If more than one fiduciary shall have performed the professional services, the court shall apportion the fee among them according to the services rendered by them respectively. L.1981, c. 405, s. 3B:18-6, eff. May 1, 1982.
N.J. Stat. § 3B:8-11 — NJ Code / Title 3B / Chapter 8 / Section 8-11
Who may exercise the right to take an elective share.
Status: in_force

3B:8-11. Who may exercise the right to take an elective share. The right of election to take an elective share by a surviving spouse or domestic partner may be exercised only during his lifetime. In the case of a surviving spouse or domestic partner for whom the court has appointed a guardian to manage his estate, the right of election may be exercised only by order of the court making the appointment after finding that the election is necessary to provide adequate support of the surviving spouse or domestic partner during his probable life expectancy. Amended 2005, c.331, s.16.
N.J. Stat. § 3B:15-23 — NJ Code / Title 3B / Chapter 15 / Section 15-23
Proof of order to limit creditors required in certain cases.
Status: in_force

3B:15-23. Proof of order to limit creditors required in certain cases. An order of discharge shall not be made in cases in which the fiduciary is an executor, administrator with the will annexed, substituted administrator with the will annexed, administrator or substituted administrator except upon proof that nine months have elapsed after the entry of an order to limit creditors pursuant to N.J.S. 3B:22-4, and that there are not any unpaid or pending claims of creditors of the decedent presented to the fiduciary pursuant to chapter 22 of this title. Amended 2005, c.160, s.15.
N.J. Stat. § 3B:23-2 — NJ Code / Title 3B / Chapter 23 / Section 23-2
Valuation of assets
Status: in_force

For the purpose of valuation under subsection b. of N.J.S. 3B:23-1 securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distribution, or if there was no sale on that day, at the mean between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable value, a valuation as of a date not more than 30 days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised. L.1981, c. 405, s. 3B:23-2, eff. May 1, 1982.
N.J. Stat. § 3B:12-40 — NJ Code / Title 3B / Chapter 12 / Section 12-40
Duty of guardian of ward's person to account to guardian of his estate
Status: in_force

If another person has been appointed guardian of the estate, all of the ward's estate received by the guardian of the person in excess of those funds expended to meet current expenses for support, care and education of the ward must be paid to the guardian of the estate, and the guardian of the person must account to the guardian of the estate for funds expended. L.1981, c. 405, s. 3B:12-40, eff. May 1, 1982.
N.J. Stat. § 3B:10-6 — NJ Code / Title 3B / Chapter 10 / Section 10-6
Acts of administrator before notice of will
Status: in_force

Lawful acts performed in good faith by an administrator before notice of a will and purchases or transfers made by him in good faith before notice shall remain valid and shall not be impeached or altered by an executor upon probate of the will. Nothing in this section shall be construed to relieve the administrator of any liability to the executor under the will for property unadministered or maladministered. L.1981, c. 405, s. 3B:10-6, eff. May 1, 1982.
N.J. Stat. § 3A:25-46 — NJ Code / Title 3A / Chapter 25 / Section 25-46
Bar of right to disclaim.
Status: in_force

8. The right of a person to disclaim property or any interest therein is barred if the property or interest is seized under judicial process issued against the person before the expiration of the period in which he is permitted to disclaim; or if before the expiration of the period in which he is permitted to disclaim, the person (1) accepts or exercises control as beneficial owner over all or any part of such property or interest; or (2) voluntarily transfers or encumbers or contracts to transfer or encumber all or any part of such property or interest; or (3) disclaims or attempts to disclaim all or any part of such property or interest in fraud of his creditors as set forth in the "Uniform Voidable Transactions Act," R.S.25:2-20 et seq.; or (4) executes a written waiver of the right to disclaim. L.1979, c.484, s.8; amended 2021, c.92, s.18.
N.J. Stat. § 3B:28-18 — NJ Code / Title 3B / Chapter 28 / Section 28-18
N.J.S. 3A:37-5 saved from repeal
Status: in_force

N.J.S. 3A:37-5 is saved from repeal. This section provides for the waiver of a jointure by a widow, her demand for dower and termination of her jointure estate. L.1981, c. 405, s. 3B:28-18, eff. May 1, 1982.
N.J. Stat. § 3B:28-17 — NJ Code / Title 3B / Chapter 28 / Section 28-17
N.J.S. 3A:37-4 saved from repeal
Status: in_force

N.J.S. 3A:37-4 is saved from repeal. This section provides that a widow may be barred of dower by jointure. L.1981, c. 405, s. 3B:28-17, eff. May 1, 1982.
N.J. Stat. § 3B:12-28 — NJ Code / Title 3B / Chapter 12 / Section 12-28
Return to competency; restoration of estate.
Status: in_force

3B:12-28. Return to competency; restoration of estate. The Superior Court may, on summary action filed by the person adjudicated incapacitated or the guardian, adjudicate that the incapacitated person has returned to full or partial competency and restore to that person his civil rights and estate as it exists at the time of the return to competency if the court is satisfied that the person has recovered his sound reason and is fit to govern himself and manage his affairs, or, in the case of an incapacitated person determined to be incapacitated by reason of substance use disorder, that the person has reformed and become habitually sober and has continued so for one year next preceding the commencement of the action. Amended 2005, c.304, s.16; 2023, c.177, s.14.
N.J. Stat. § 3B:10-9 — NJ Code / Title 3B / Chapter 10 / Section 10-9
Record of appointment of personal representative; evidentiary effect
Status: in_force

If any person shall desire to have the appointment of a personal representative appointed in another state recorded in this State for the purpose of manifesting the authority of the personal representative to release or discharge real estate in this State from any mortgage, judgment, other lien or encumbrance which was held by his decedent the surrogate of the county wherein the real estate is situate, or the clerk of the Superior Court, may, upon the presentation to him of an exemplified copy of the record of the appointment of the personal representative, record and file the exemplified copy in his office, and the record or certified copies thereof shall be received as evidence in all courts of this State. L.1981, c. 405, s. 3B:10-9, eff. May 1, 1982.
N.J. Stat. § 3B:23-34 — NJ Code / Title 3B / Chapter 23 / Section 23-34
Conditions precedent to suit for devise.
Status: in_force

3B:23-34. An action to recover a devise may not be maintained until: a. The devise becomes due and payable; b. Reasonable demand for payment is made upon the personal representative; and c. A refunding bond in substantially the form prescribed in N.J.S.3B:23-26 is tendered to the personal representative by the devisee, or, if the devisee is a minor or a person who is incapacitated, by the guardian of the devisee's estate, and, if not accepted by the personal representative, the refunding bond is filed with the clerk of the court, prior to the commencement of the action. amended 2013, c.103, s.52.
N.J. Stat. § 3B:13A-24 — NJ Code / Title 3B / Chapter 13A / Section 13A-24
Expansion or limitation of conservator's powers
Status: in_force

The court may, at the time of appointment or later, expand or limit the powers of a conservator otherwise conferred by this chapter, or previously conferred by the court, and may at any time relieve him of any expansion or limitation. If the court expands or limits any power conferred on the conservator, the expansion or limitation shall be stated in certificates of letters of conservatorship thereafter issued. The court shall confer powers to the conservator authorizing only that intervention which it finds to be least restrictive of the conservatee's rights while consistent with the conservatee's welfare and safety. The basis for the finding shall be in the record of the court. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:22-24 — NJ Code / Title 3B / Chapter 22 / Section 22-24
Article not to affect liability of heirs or devisees
Status: in_force

Nothing contained in this article shall affect any liability of heirs and devisees under article 8 of this chapter. L.1981, c. 405, s. 3B:22-24, eff. May 1, 1982.
N.J. Stat. § 3B:19B-9 — NJ Code / Title 3B / Chapter 19B / Section 19B-9
Apportionment when income interest ends
Status: in_force

9. Apportionment When Income Interest Ends. a. As used in this section, "undistributed income" means net income received before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. b. When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust, unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal. c. When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements. L.2001,c.212,s.9.
N.J. Stat. § 3B:18-33 — NJ Code / Title 3B / Chapter 18 / Section 18-33
When rates of corpus commissions on termination of trusts or guardianship effective
Status: in_force

With respect to the computation of corpus commissions pursuant to N.J.S. 3B:18-28 as to all corpus held by a fiduciary on February 29, 1980, the commissions which may be taken shall be the greater of (i) the commission permitted by law effective prior to February 29, 1980, or (ii) the commission computed pursuant to N.J.S. 3B:18-28; provided that the "annual commissions authorized" to be take for yearly periods ending prior to February 29, 1980, shall be at the rate authorized by the applicable law in effect during that yearly period. L.1981, c. 405, s. 3B:18-33, eff. May 1, 1982. Amended by L.1983, c. 394, s. 3, eff. Dec. 14, 1983.
N.J. Stat. § 3B:9-8 — NJ Code / Title 3B / Chapter 9 / Section 9-8
Effect of disclaimer.
Status: in_force

3B:9-8 Effect of disclaimer. A disclaimer acts as a nonacceptance of the disclaimed interest, rather than as a transfer of the disclaimed interest. The disclaimant is treated as never having received the disclaimed interest. Unless a governing instrument otherwise provides, the property or interest disclaimed devolves: a. As to a present interest: (1) in the case of an intestacy, a will, a testamentary trust or a power of appointment exercised by a will or testamentary trust, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a will or testamentary instrument, as if the disclaimant had predeceased the donee of the power. If by law or under the will or testamentary trust the descendants of the disclaimant would take the disclaimant's share by representation were the disclaimant to predecease the decedent, then the disclaimed interest devolves by representation to the descendants of the disclaimant who survive the decedent; and (2) in the case of a nontestamentary instrument or contract, other than a joint property interest, as if the disclaimant had died before the effective date of the instrument or contract. If by law or under the nontestamentary instrument or contract the descendants of the disclaimant would take the disclaimant's share by representation were the disclaimant to predecease the effective date of the instrument, then the disclaimed interest devolves by representation to the descendants of the disclaimant who survive the effective date of the instrument. (3) in the case of joint property created by a will, testamentary trust or non-testamentary instrument: (a) if the disclaimant is the only living owner, the disclaimed interest devolves to the estate of the last to die of the other joint owners; or (b) if the disclaimant is not the only living owner, the disclaimed interest devolves equally to the living joint owners, or all to the other living owner, if there is only one living owner. b. As to a future interest: (1) In the case of a will or testamentary trust or a power of appointment exercised by a will or testamentary trust, as if the disclaimant had died before the event determining that the taker of the property or interest is finally ascertained and his interest is vested; and (2) In the case of a nontestamentary instrument or contract, as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and the taker's interest is vested; and (3) Notwithstanding the foregoing, a future interest that is held by the disclaimant who also holds the present interest and which takes effect at a time certain, such as a fixed calendar date or the disclaimant's attainment of a certain age, is not accelerated by the disclaimer and continues to take effect at the time certain. c. Except as provided in subsection b. of this section, a disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power or the effective date of the nontestamentary instrument or contract. Amended 2004, c.132, s.71; 2005, c.160, s.10.
N.J. Stat. § 3B:12A-1 — NJ Code / Title 3B / Chapter 12A / Section 12A-1
Findings, declarations relative to kinship legal guardianship.
Status: in_force

1. The Legislature finds and declares that: a. There is an increase in the number of children who cannot reside with their parents due to the parents' incapacity or inability to perform the regular and expected functions of care and support of the child; b. An increasing number of relatives, including grandparents, find themselves providing care on a long-term basis to these children without court approved legal guardianship status because the caregivers either are unable or unwilling to seek termination of the legal relationships between the birth parent and the child, particularly when it is the caregiver's own child or sibling who is the parent. In these cases, adoption of the child is neither feasible nor likely, and it is imperative that the State create an alternative, permanent legal arrangement for children and their caregivers. One such alternative arrangement, which does not require the termination of parental rights, is a court awarded kinship legal guardianship that is intended to be permanent and self-sustaining, as evidenced by the transfer to the caregiver of certain parental rights, but retains the birth parents' rights to consent to adoption, the obligation to pay child support, and the parents' right to have some ongoing contact with the child; c. In considering kinship legal guardianship, the State is seeking to add another alternative, permanent placement option, beyond custody, without rising to the level of termination of parental rights, for caregivers in relationships where adoption is neither feasible nor likely; and d. Therefore, it is in the public interest to create a new type of legal guardianship that addresses the needs of children and caregivers in long-term kinship relationships. L.2001,c.250,s.1.
N.J. Stat. § 3B:8-14 — NJ Code / Title 3B / Chapter 8 / Section 8-14
Withdrawal of demand for an elective share.
Status: in_force

3B:8-14. Withdrawal of demand for an elective share. The surviving spouse or domestic partner may withdraw his demand for an elective share at any time before entry of a final judgment by the court. Amended 2005, c.331, s.19.
N.J. Stat. § 3B:13A-32 — NJ Code / Title 3B / Chapter 13A / Section 13A-32
Liability of conservator for improper exercise of power concerning estate
Status: in_force

If the exercise of power concerning the estate is improper, the conservator is liable to the conservatee or interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:18-17 — NJ Code / Title 3B / Chapter 18 / Section 18-17
Taking annual amounts on account of corpus commissions
Status: in_force

Fiduciaries may annually, without court allowance, take sums as follows on account of corpus commissions: if there is but one fiduciary, the amount so taken may equal one-fifth of 1% of the value of the corpus and, if there are two or more fiduciaries, the amount so taken may equal the commissions which may be taken pursuant to this section when there is but one fiduciary, plus one-fifth of the commissions for each fiduciary more than one. L.1981, c. 405, s. 3B:18-17, eff. May 1, 1982.
N.J. Stat. § 3B:20-9 — NJ Code / Title 3B / Chapter 20 / Section 20-9
Application to court upon change in conditions
Status: in_force

3B:20-9. Application to court upon change in conditions. If, as a result of a change in conditions which occurs or which may be reasonably foreseen, the objects of the trust estate may be defeated in whole or in part by the investment or retention of investments of the trust estate in property to which the fiduciary is limited by the trust instrument, the fiduciary or any beneficiary of the trust may apply to the court to secure authority permitting or directing the fiduciary to invest all or any part of the trust estate in accordance with the provisions of N.J.S.3B:20-1 et seq. Amended 1997, c.26, s.16.
N.J. Stat. § 3B:14-31 — NJ Code / Title 3B / Chapter 14 / Section 14-31
Personal liability of fiduciary on contracts
Status: in_force

Unless otherwise provided in the contract, a fiduciary 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 fiduciary capacity and identify the estate in the contract. L.1981, c. 405, s. 3B:14-31, eff. May 1, 1982.
N.J. Stat. § 3B:23-26 — NJ Code / Title 3B / Chapter 23 / Section 23-26
Condition of devisee's bond
Status: in_force

The bond of a devisee shall be conditioned substantially as follows: That if any part or the whole of the devise shall at any time thereafter be needed to discharge any debt or debts, devise or devises, which the personal representative may not have other assets to pay, he, the devisee, will return his devise or that part thereof as may be necessary for the payment of the debts, or for the payment of a proportional part of the devises. L.1981, c. 405, s. 3B:23-26, eff. May 1, 1982.
N.J. Stat. § 3B:10-15 — NJ Code / Title 3B / Chapter 10 / Section 10-15
Appointment of substituted administrators
Status: in_force

When a sole or sole surviving or remaining executor or administrator, with or without the will annexed, dies or is removed or discharged by the court after qualifying and entering upon the duties of his office but before the completion thereof, the vacancy so created shall, except as hereinafter provided, be filled by the appointment of a fit person to exercise the vacated office. The person so appointed shall be nominated substituted administrator with the will annexed or substituted administrator, as the case may be. L.1981, c. 405, s. 3B:10-15, eff. May 1, 1982.
N.J. Stat. § 3B:13A-34 — NJ Code / Title 3B / Chapter 13A / Section 13A-34
Termination of conservatorship.
Status: in_force

3B:13A-34. A conservatorship shall terminate upon the death of the conservatee or upon adjudication of the conservatee to be incapacitated as provided by law, but the termination shall not affect the conservator's liability for prior acts nor obligation to account funds and property of the conservatee. amended 2013, c.103, s.42.
N.J. Stat. § 3B:13A-3 — NJ Code / Title 3B / Chapter 13A / Section 13A-3
Appointment of counsel to represent conservatee
Status: in_force

The court shall have the right to appoint counsel for the proposed conservatee if it believes that counsel is necessary to adequately protect the interests of the conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:31-78 — NJ Code / Title 3B / Chapter 31 / Section 31-78
Beneficiary's consent, release, or ratification.
Status: in_force

3B:31-78. Beneficiary's Consent, Release, or Ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: a. the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or b. at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach. L.2015, c.276, s.1.
N.J. Stat. § 3B:3-26 — NJ Code / Title 3B / Chapter 3 / Section 3-26
Probate of will of nonresident probated in another state or country.
Status: in_force

3B:3-26. When the will of any individual not resident in this State at his death shall have been admitted to probate in any state of the United States or other jurisdiction or country, the surrogate's court of any county may admit it to probate for any purpose and issue letters thereon, provided the will is valid under the laws of this State. L.1981, c.405, s.3B:3-26, eff. May 1, 1982; amended 2004, c.132, s.23.
N.J. Stat. § 3B:13-1 — NJ Code / Title 3B / Chapter 13 / Section 13-1
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law." L.1981, c. 405, s. 3B:13-1, eff. May 1, 1982.
N.J. Stat. § 3B:12-19 — NJ Code / Title 3B / Chapter 12 / Section 12-19
Guardian for property of nonresident minor
Status: in_force

Where a nonresident minor has property within this State, the Superior Court may appoint a guardian of the minor to administer his property. The surrogate's court shall have concurrent authority to appoint a guardian for the property within the county. The Superior Court has, with respect to the property, the same authority and control over him which it would have over a guardian of the estate of a resident minor. In any case not provided for by statute, it shall take any action in the matter as it shall deem most for the advantage of the minor. L.1981, c. 405, s. 3B:12-19, eff. May 1, 1982.
N.J. Stat. § 3B:14-4 — NJ Code / Title 3B / Chapter 14 / Section 14-4
Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor
Status: in_force

A fiduciary appointed in the place of a removed or discharged fiduciary, or the cofiduciary remaining in office after the discharge or removal of the fiduciary, may sue for assets as shall have come into the possession of the discharged or removed fiduciary for any breach of trust, waste, embezzlement or misapplication thereof and may sue for the recovery of the assets of the estate against the discharged or removed fiduciary or against any other person in possession of the assets. L.1981, c. 405, s. 3B:14-4, eff. May 1, 1982.
N.J. Stat. § 3B:12-23 — NJ Code / Title 3B / Chapter 12 / Section 12-23
Guardian for child of absconding or absent parent
Status: in_force

If a resident of this State has or shall abscond or absent himself from the State, leaving a child under the age of 18 without sufficient provision for his maintenance and education, the surrogate of the county wherein the child resides, or the Superior Court, may appoint a guardian for his person or estate or both. The Superior Court may revoke the appointment when it shall appear proper. L.1981, c. 405, s. 3B:12-23, eff. May 1, 1982.
N.J. Stat. § 3B:11-31 — NJ Code / Title 3B / Chapter 11 / Section 11-31
Special requests; individual trusts
Status: in_force

The board may agree to fulfill any special requests made on behalf of a beneficiary as long as the requests are consistent with this act and provided an adequate contribution has been made for this purpose on behalf of a beneficiary. The board may agree to serve as trustee for any individual trust created on behalf of a beneficiary, regardless of whether the trust is revocable or irrevocable, has one or more remaindermen or contingent beneficiaries, or any other condition, so long as the individual trust is consistent with the purposes of this act. L. 1985, c. 424, s. 13.
N.J. Stat. § 3B:22-25 — NJ Code / Title 3B / Chapter 22 / Section 22-25
Sale of property subject to escheat to pay debts
Status: in_force

In any case where property may be subject to escheat to the State, proceedings to sell the property to pay debts may be taken as provided in this article. L.1981, c. 405, s. 3B:22-25, eff. May 1, 1982.
N.J. Stat. § 3B:15-31 — NJ Code / Title 3B / Chapter 15 / Section 15-31
Discontinuance of action on bond
Status: in_force

If it shall appear on the hearing that all damages sustained by reason of the forfeiture of the bond have been paid so far as the surety shall have been able to ascertain, the court may direct that the action be discontinued upon payment of taxed costs of the suit. L.1981, c. 405, s. 3B:15-31, eff. May 1, 1982.
N.J. Stat. § 3B:22-7 — NJ Code / Title 3B / Chapter 22 / Section 22-7
Allowance or rejection of claims within 3 months
Status: in_force

Within 3 months after the presentation to him of a claim, the personal representative shall allow or dispute it or allow it in part and dispute it in part, and give notice in writing to the creditor, his agent or attorney, of that which he allows or disputes. L.1981, c. 405, s. 3B:22-7, eff. May 1, 1982.
N.J. Stat. § 3B:21-5 — NJ Code / Title 3B / Chapter 21 / Section 21-5
Effect of judgment for removal and transfer
Status: in_force

The delivery, transfer or payment of property or money pursuant to a judgment entered in accordance with this chapter shall be a legal discharge and acquittance for the delivery, transfer or payment of property or money, but if the court deems it advisable, it may require receipts or releases or refunding bonds to be given and recorded. L.1981, c. 405, s. 3B:21-5, eff. May 1, 1982.
N.J. Stat. § 3A:37-6 — NJ Code / Title 3A / Chapter 37 / Section 37-6
Eviction from jointure
Status: in_force

If a widow be lawfully expelled or evicted from her jointure, or from any part thereof, without fraud, by lawful entry or action, she shall be endowed of such much of the residue of her husband's real estate whereof she would have been endowed but for the jointure, as shall equal in amount or extent the real estate from which she is so expelled or evicted.
N.J. Stat. § 3B:11-16.1 — NJ Code / Title 3B / Chapter 11 / Section 11-16.1
Definitions used in C.3B:11-16 et al.
Status: in_force

22. As used in P.L.1985, c.147 (C.3B:11-16 et al.): "Assigned funeral insurance policy" means any insurance policy or annuity contract that is not a newly issued funeral insurance policy, but that, at the time an assignment was made of some or all of its proceeds, was intended to provide funds to the provider, whether directly or indirectly, at the time of the insured's death in connection with a prepaid funeral agreement. "Deliver" or "delivery" means the conveyance of actual control and possession of prepaid funeral goods that have been permanently relinquished by a provider, or other person, firm or corporation, or an agent thereof, to the purchaser or person paying the moneys, or personal representative of the intended funeral recipient. Delivery has not been made if the provider, or other person, firm or corporation, or an agent thereof: (1) Arranges or induces the purchaser or person paying the moneys to arrange for the storage or warehousing of prepaid funeral goods ordered pursuant to a prepaid funeral agreement, with or without evidence that legal title has passed; or (2) Acquires or reacquires actual or constructive possession or control of prepaid funeral goods after their initial delivery to the purchaser or person paying the moneys or personal representative of the intended funeral recipient. This definition of delivery shall apply to this term as used in P.L.1985, c.147 (C.3B:11-16 et al.), notwithstanding the provisions set forth in the Uniform Commercial Code, Title 12A of the New Jersey Statutes. "Funeral insurance policy" means any newly issued funeral insurance policy or assigned funeral insurance policy. "Funeral trust" means a commingled or non-commingled account held in a pooled trust or P.O.D. account, established in accordance with P.L.1957, c.182 (C.2A:102-13 et seq.) or P.L.1985, c.147 (C.3B:11-16 et al.), which is intended as the depository for cash payments connected with a prepaid funeral agreement. "Intended funeral recipient" means the person named in a prepaid funeral agreement for whose bodily disposition the prepaid funeral agreement is intended to provide. The intended funeral recipient may or may not be the purchaser. "Newly issued funeral insurance policy" means any insurance policy or annuity contract that, at the time of issue, was intended to provide, or was explicitly marketed for the purpose of providing, funds to the provider, whether directly or indirectly, at the time of the insured's death in connection with a prepaid funeral agreement. "Payable on death account" or "P.O.D. account" means an account payable on request to the purchaser or intended funeral recipient of a prepaid funeral agreement, during the lifetime of the intended funeral recipient and on his death, to a provider of funeral goods and services. "Pooled trust" means a pooled trust account established pursuant to P.L.1985, c.147 (C.3B:11-16 et al.). "Preneed funeral arrangements" means funeral arrangements made with an intended funeral recipient or his guardian, agent or next of kin, for the funeral of the intended funeral recipient. "Prepaid funeral agreement" means a written agreement and all documents related thereto made by a purchaser with a provider prior to the death of the intended funeral recipient, with which there is connected a provisional means of paying for preneed funeral arrangements upon the death of the intended funeral recipient by the use of a funeral trust or funeral insurance policy, made payable to a provider and in return for which the provider promises to furnish, make available or provide the prepaid funeral goods or services, or both, specified in the agreement, the delivery of which occurs after the death of the intended funeral recipient. "Prepaid funeral goods" means personal property typically sold or provided in connection with a funeral, or the final disposition of human remains, including, but not limited to, caskets or other primary containers, cremation or transportation containers, outer burial containers, vaults, as defined in N.J.S.8A:1-2, memorials as defined in N.J.S.8A:1-2, funeral clothing or accessories, monuments, cremation urns, and similar funeral or burial items, which goods are purchased in advance of need and which will not be delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral goods shall not mean the sale of interment spaces and related personal property offered or sold by a cemetery company as provided for in N.J.S.8A:1-1 et seq. "Prepaid funeral services" means those services typically provided in connection with a funeral, or the final disposition of human remains, including, but not limited to, funeral directing services, embalming services, care of human remains, preparation of human remains for final disposition, transportation of human remains, use of facilities or equipment for viewing human remains, visitation, memorial services or services which are used in connection with a funeral or the disposition of human remains, coordinating or conducting funeral rites or ceremonies and similar funeral or burial services, including limousine services provided in connection therewith, which services are purchased in advance of need and which will not be provided or delivered until the death of the intended funeral recipient named in a prepaid funeral agreement. Prepaid funeral services shall not mean the sale of services incidental to the provision of interment spaces or any related personal services offered or sold by a cemetery company as provided for in N.J.S.8A:1-1 et seq. "Provider" means a person, firm or corporation duly licensed and registered pursuant to the "Mortuary Science Act," P.L.1952, c.340 (C.45:7-32 et seq.) to engage in the business and practice of funeral directing or mortuary science, or an individual serving as an agent thereof and so licensed: (1) Operating a duly registered mortuary in accordance with P.L.1952, c.340 (C.45:7-32 et seq.) and the regulations promulgated thereunder; (2) Having his or its business and practice based within the physical confines of the registered mortuary; and (3) Engaging in the practice of making preneed funeral arrangements, including, but not limited to, offering the opportunity to purchase or enroll in prepaid funeral agreements. "Purchaser" means the person named in a prepaid funeral agreement who purchases the prepaid funeral goods and services to be provided thereunder. The purchaser may or may not be the intended funeral recipient. If the purchaser is different than the intended funeral recipient, it is understood that the relationship of the purchaser to the intended funeral recipient includes a means to provide administrative control over the agreement on behalf of the intended funeral recipient. L.1993,c.147,s.22; amended 1994,c.163,s.4.
N.J. Stat. § 3B:6-6 — NJ Code / Title 3B / Chapter 6 / Section 6-6
Chapter not to apply in certain cases
Status: in_force

This chapter shall not apply to a devolution of property of a decedent under a will or upon intestacy, where the law provides that in order to take on the devolution, a person shall survive the decedent by 120 hours, living trusts, deeds, or contracts of insurance, wherein provision has been made for distribution of property different from the provisions of this chapter. L.1981, c. 405, s. 3B:6-6, eff. May 1, 1982.
N.J. Stat. § 3B:14-16 — NJ Code / Title 3B / Chapter 14 / Section 14-16
Commissions; apportionment
Status: in_force

Commissions on the administration of the estate, trust or fund shall be apportioned between the original fiduciary and the substituted fiduciary as the court shall direct. L.1981, c. 405, s. 3B:14-16, eff. May 1, 1982.
N.J. Stat. § 3B:31-63 — NJ Code / Title 3B / Chapter 31 / Section 31-63
Control and protection of trust property.
Status: in_force

3B:31-63. Control and Protection of Trust Property. A trustee shall take reasonable steps to take control of and protect the trust property. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-28 — NJ Code / Title 3B / Chapter 31 / Section 31-28
Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
Status: in_force

3B:31-28. Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively. a. The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification shall be made in accordance with the settlor's probable intent. b. The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration. c. Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-39 — NJ Code / Title 3B / Chapter 31 / Section 31-39
Creditor's claim against settlor.
Status: in_force

3B:31-39. Creditor's Claim Against Settlor. a. Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors. (2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, and to a surviving spouse or partner in a civil union and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses. b. For purposes of this section: (1) during the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and (2) upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the federal Internal Revenue Code of 1986 (26 U.S.C. s.2041(b)(2) or 26 U.S.C. s.2514(e)), or section 2503(b) of the federal Internal Revenue Code of 1986 (26 U.S.C. s.2503(b)), in each case as in effect on the effective date of this act, or as later amended. L.2015, c.276, s.1.
N.J. Stat. § 3B:22-38 — NJ Code / Title 3B / Chapter 22 / Section 22-38
Certain actions against personal representative saved
Status: in_force

Nothing contained in this article shall prevent a person from maintaining an action against the personal representative for, or in respect of, waste or misapplication of the estate of his decedent. L.1981, c. 405, s. 3B:22-38, eff. May 1, 1982.
N.J. Stat. § 3B:14-6 — NJ Code / Title 3B / Chapter 14 / Section 14-6
Penalty for failure of removed or discharged fiduciary to account or deliver assets
Status: in_force

A fiduciary who fails to account as provided by N.J.S. 3B:14-7 or who fails to comply with the provisions of N.J.S. 3B:14-5, or any order entered thereunder, shall be liable to a fine not exceeding the amount of the estate in the hands of the fiduciary and shall also be liable for contempt for disobeying or failing to perform any court order or for failing to pay the fine. All fines hereunder shall be collected by execution against the real or personal property of the defaulting fiduciary and shall be collected in favor of the person to whom the defaulting fiduciary should have made the payment or delivery and shall be received as assets by the cofiduciary or substituted fiduciary succeeding to the management of the estate. L.1981, c. 405, s. 3B:14-6, eff. May 1, 1982.
N.J. Stat. § 3B:14-39 — NJ Code / Title 3B / Chapter 14 / Section 14-39
Several fiduciaries sued; judgment and execution
Status: in_force

In a civil action in any court of this State against two or more fiduciaries, those served shall defend the action on behalf of all of them. If, in the action, judgment is recovered by the plaintiff payable out of the decedent's estate, he shall have judgment and execution against all the fiduciaries named in the process, to be satisfied out of the decedent's estate. L.1981, c. 405, s. 3B:14-39, eff. May 1, 1982.
N.J. Stat. § 3B:31-72 — NJ Code / Title 3B / Chapter 31 / Section 31-72
Damages for breach of trust.
Status: in_force

3B:31-72. Damages for Breach of Trust. a. A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (2) the profit the trustee made by reason of the breach. b. Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees based on the comparative degree of culpability for the breach. However, a trustee who committed the breach in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries is not entitled to contribution from a trustee who was not guilty of such conduct. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-26 — NJ Code / Title 3B / Chapter 31 / Section 31-26
Modification or termination of trust; proceedings for approval or disapproval.
Status: in_force

3B:31-26. Modification or Termination of Trust; Proceedings for Approval or Disapproval. a. In addition to the methods of termination prescribed by N.J.S.3B:31-27 through N.J.S.3B:31-33, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy of this State, or impossible to achieve. b. A proceeding to approve or disapprove a proposed modification or termination under N.J.S.3B:31-27 through N.J.S.3B:31-33, or trust combination or division under N.J.S.3B:31-34, may be commenced by a trustee or beneficiary. The settlor of a charitable trust may maintain a proceeding to modify the trust under N.J.S.3B:31-29. L.2015, c.276, s.1.
N.J. Stat. § 3B:9-3 — NJ Code / Title 3B / Chapter 9 / Section 9-3
Requirements of a disclaimer.
Status: in_force

3B:9-3. a. A disclaimer shall be in writing, signed and acknowledged by the person disclaiming, and shall: (1) Describe the property, interest, power or discretion disclaimed; (2) If the property interest disclaimed is real property, identify the municipality and county in which the real property is situated; and (3) Declare the disclaimer and the extent thereof. b. The disclaimer shall be made within the time prescribed by section 68 of P.L.2004, c.132 (C.3B:9-4.2). Amended 2004, c.132, s.65.
N.J. Stat. § 3B:31-22 — NJ Code / Title 3B / Chapter 31 / Section 31-22
Charitable purposes, enforcement.
Status: in_force

3B:31-22. Charitable Purposes; Enforcement. a. A charitable trust is one that is created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purpose the achievement of which is beneficial to the community. b. If the terms of a charitable trust do not state a particular charitable purpose or beneficiary, and the trustee or other person authorized to state a particular charitable purpose or name a particular charitable beneficiary fails to make a selection, the court may select one or more charitable purposes or beneficiaries. The selection shall be consistent with the settlor's intention to the extent it can be ascertained. c. A proceeding to enforce a charitable trust may be brought by the settlor, by the Attorney General, by the trust's beneficiaries or by other persons who have standing. L.2015, c.276, s.1.
N.J. Stat. § 3B:12-4 — NJ Code / Title 3B / Chapter 12 / Section 12-4
Appointment of special guardian.
Status: in_force

3B:12-4. Appointment of special guardian. The court may appoint a special guardian to assist in the accomplishment of any protective arrangement or other transaction authorized under this article who shall have authority conferred by the order and shall serve until discharged by the order after reporting to the court of all matters done pursuant to the order of appointment. If the court has appointed a special guardian to assist in the accomplishment of a protective arrangement pursuant to this section, the special guardian shall be entitled to receive reasonable fees for his services, as well as reimbursement of his reasonable expenses, upon application to the court, payable by the estate of the minor, incapacitated person or alleged incapacitated person. Amended 2005, c.304, s.4.
N.J. Stat. § 3B:31-56 — NJ Code / Title 3B / Chapter 31 / Section 31-56
Duty of impartiality.
Status: in_force

3B:31-56. Duty of Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests. L.2015, c.276, s.1.
N.J. Stat. § 3B:9-10 — NJ Code / Title 3B / Chapter 9 / Section 9-10
Binding effect of disclaimer or waiver.
Status: in_force

3B:9-10. Binding effect of disclaimer or waiver. The disclaimer or written waiver of the right to disclaim a property interest shall be binding upon the disclaimant or the individual waiving and all individuals claiming by, through or under him. Amended 2004, c.132, s.73; 2005, c.160, s.12.
N.J. Stat. § 3B:30-12 — NJ Code / Title 3B / Chapter 30 / Section 30-12
Construction of act
Status: in_force

12. a. This act shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this act among states enacting it. b. Unless displaced by the particular provisions of this act, the principles of law and equity supplement its provisions. L.1995,c.130,s.12.
N.J. Stat. § 3B:15-17 — NJ Code / Title 3B / Chapter 15 / Section 15-17
Investment by surrogate
Status: in_force

The court may direct that the moneys, or any part thereof, shall be invested by the surrogate of the county, where the guardian has been or shall be appointed, in United States Savings Bonds in the name of the minor, and in the event of the maturity of the bonds during the period of minority, the court may order the surrogate to reinvest the proceeds in other United States Savings Bonds having later maturity dates. The custody of the bonds shall be retained by the surrogate, and the moneys or bonds shall be subject to any order in respect thereto as may be made by the court. The moneys shall be paid out or the bonds surrendered by the surrogate only by order of the court. L.1981, c. 405, s. 3B:15-17, eff. May 1, 1982.
N.J. Stat. § 3B:10-8 — NJ Code / Title 3B / Chapter 10 / Section 10-8
Administration by creditor of nonresident decedent
Status: in_force

If a personal representative of a nonresident decedent fails to apply in this State for letters testamentary or of administration within 60 days next after the death of the decedent and there is real or personal property of the decedent within this State, or the evidence thereof in the hands of a resident of this State, the surrogate's court of a county wherein the real property, or personal property or evidence, is situate, or the Superior Court, may, in an action by any person resident or nonresident, alleging himself to have a debt or legal claim against the decedent which by the law of this State survives against his representatives, issue letters of administration, with the will annexed or otherwise as the case may require, to some fit person to be designated by the court. Prior to an appointment pursuant to this section, notice shall be given the foreign personal representative as the court shall prescribe. L.1981, c. 405, s. 3B:10-8, eff. May 1, 1982.
N.J. Stat. § 3B:11-3 — NJ Code / Title 3B / Chapter 11 / Section 11-3
Trustees construed to be joint tenants
Status: in_force

All estates heretofore or hereafter granted or devised to trustees shall be construed to have vested and to vest an estate of joint tenancy in the trustees. When a trustee is removed a conveyance or devise from the removed trustee to the old and new trustees or to the new trustees shall vest in the old and new trustees or the new trustees an estate in joint tenancy, notwithstanding any want of unity. When a trustee dies or resigns or his office becomes vacant for any cause, and a new trustee is appointed, the surviving trustees, if any there be, and the new trustees shall hold the trust estate as joint tenants, and a conveyance of a right and interest in the trust estate from the surviving trustees, to the new trustee shall vest in all the trustees an estate in joint tenancy, notwithstanding any want of unity. When a new, additional or substituted trustee is appointed by a court of competent jurisdiction or becomes such by operation of the terms of a will or other instrument or by operation of law, title to the trust assets shall forthwith vest in all the trustees in office including the new, additional or substituted trustee as joint tenants. L.1981, c. 405, s. 3B:11-3, eff. May 1, 1982.
N.J. Stat. § 3B:22-20 — NJ Code / Title 3B / Chapter 22 / Section 22-20
Payment of claims where assets insufficient
Status: in_force

If the estate either in this State or as a whole is insufficient to cover all claims and prior charges, each claimant whose claim has been allowed either in this State or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this State, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit. L.1981, c. 405, s. 3B:22-20, eff. May 1, 1982.
N.J. Stat. § 3B:13A-15 — NJ Code / Title 3B / Chapter 13A / Section 13A-15
Bond premium
Status: in_force

A conservator may include as a part of the lawful expense of executing his trust a reasonable sum, not exceeding 1% per annum on the amount of any bond, paid a company authorized under the laws of this State to become a surety on his bonds, as may be allowed by the court in which he is required to account. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:12-14 — NJ Code / Title 3B / Chapter 12 / Section 12-14
Consent of surviving parent; formal requisites
Status: in_force

Where an appointment is made under N.J.S. 3B:12-13 and the other parent survives the appointing parent, the appointment shall be effective only when the surviving parent, at or before the issuance of the letters, consents thereto in writing and signs and acknowledges the consent in the presence of two witnesses present at the same time who subscribe their names as witnesses thereto in his presence. L.1981, c. 405, s. 3B:12-14, eff. May 1, 1982.
N.J. Stat. § 3B:12-42 — NJ Code / Title 3B / Chapter 12 / Section 12-42
Reporting condition of ward's person and property to court.
Status: in_force

3B:12-42. Reporting condition of ward's person and property to court. A guardian shall report at time intervals as ordered by the court, unless otherwise waived by the court, the condition of the ward and the condition of the ward's estate which has been subject to the guardian's possession or control as ordered by the court. a. A report by the guardian of the person shall state or contain: (1) the current mental, physical and social condition of the ward; (2) the living arrangements for all addresses of the ward during the reporting period; (3) the medical, educational, vocational and other services provided to the ward and the guardian's opinions as to the adequacy of the ward's care; (4) a summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision-making; (5) if the ward is institutionalized, whether or not the guardian considers the current plan for care, treatment or habilitation to be in the ward's best interest; (6) plans for future care; and (7) a recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship. b. The court may appoint an individual to review a report, interview the ward or guardian and make any other investigation the court directs. c. Agencies authorized to act pursuant to P.L.1985, c. 298 (C.52:27G-20 et seq.), P.L.1985, c. 145 (C.30:6D-23 et seq.), P.L.1965, c. 59 (C.30:4-165.1 et seq.) and P.L.1970, c. 289 (C.30:4-165.7 et seq.) and public officials appointed as limited guardians of the person for medical purposes for individuals in psychiatric facilities listed in R.S.30:1-7 shall be exempt from this section. Amended 2005, c.304, s.29.
N.J. Stat. § 3B:13A-12 — NJ Code / Title 3B / Chapter 13A / Section 13A-12
"Process" defined
Status: in_force

The word "process" as used in N.J.S. 3B:13A-10 and N.J.S. 3B:13A-11 shall have the same meaning as set forth in N.J.S. 3B:14-46. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:12-9 — NJ Code / Title 3B / Chapter 12 / Section 12-9
Preservation of excess sums; payment and delivery to minor upon attaining 18 years of age
Status: in_force

Any excess sums shall be preserved for future support of the minor and any balance not so used and any property received for the minor must be turned over to the minor when he attains 18 years of age. L.1981, c. 405, s. 3B:12-9, eff. May 1, 1982.
N.J. Stat. § 3B:14-46 — NJ Code / Title 3B / Chapter 14 / Section 14-46
"Process" defined
Status: in_force

The word "process" as used in this subarticle shall include any summons, subpena, writ, attachment and levy thereunder, garnishment, rule, order, notice, decision, judgment or execution and levy thereunder, or any other process whatsoever, that may lawfully be issued out of any court of this State against a fiduciary in any proceeding affecting the estate which he may represent or affecting the property or interest of any beneficiary of, or interested in, the estate or against the property or interest of any beneficiary which is held or claimed to be held by the fiduciary for the account or benefit of the beneficiary. L.1981, c. 405, s. 3B:14-46, eff. May 1, 1982.
N.J. Stat. § 3B:13-29 — NJ Code / Title 3B / Chapter 13 / Section 13-29
Termination of guardianship; settlement of account.
Status: in_force

3B:13-29. Upon the termination of a guardianship, by death of the ward or otherwise, the public guardian shall settle the account in the same manner as other guardians of persons who are incapacitated. amended 2013, c.103, s.38.
N.J. Stat. § 3B:12-24 — NJ Code / Title 3B / Chapter 12 / Section 12-24
Issue of incapacity triable without jury unless jury is demanded.
Status: in_force

3B:12-24. Issue of incapacity triable without jury unless jury is demanded. In civil actions or proceedings for the determination of incapacity or for the appointment of a guardian for an alleged incapacitated person, the trial of the issue of incapacity may be had without a jury pursuant to Rules Governing the Courts of the State of New Jersey, unless a trial by jury is demanded by the alleged incapacitated person or someone on his behalf. Amended 2005, c.304, s.11.
N.J. Stat. § 3B:23-31 — NJ Code / Title 3B / Chapter 23 / Section 23-31
Actions for distributive shares
Status: in_force

If a personal representative fails to pay a distributive share to a person thereto entitled under a judgment made pursuant to N.J.S. 3B:23-17, that person may recover the distributive share in a civil action from the personal representative. L.1981, c. 405, s. 3B:23-31, eff. May 1, 1982.
N.J. Stat. § 3B:12B-7 — NJ Code / Title 3B / Chapter 12B / Section 12B-7
Cooperation between courts.
Status: in_force

7. Cooperation between courts. a. In a guardianship or protective proceeding, a court of this State may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) order that an evaluation or assessment be made of the respondent; (4) order any appropriate investigation of a person involved in a proceeding; (5) forward to the court of this State a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4); (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and (7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information which meets federal and state laws. b. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection a., a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. L.2012, c.36, s.7.
N.J. Stat. § 3B:13-25 — NJ Code / Title 3B / Chapter 13 / Section 13-25
Discharge and removal of public guardian.
Status: in_force

3B:13-25. The public guardian of veterans who are incapacitated shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians of persons who are incapacitated are discharged or removed. amended 2013, c.103, s.34.
N.J. Stat. § 3B:12-30 — NJ Code / Title 3B / Chapter 12 / Section 12-30
Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment.
Status: in_force

3B:12-30. Appointment of guardian of adult by parents or spouse or domestic partner; judgment confirming appointment. The parents who have been appointed the guardian of an unmarried incapacitated person or the spouse or domestic partner as defined in section 3 of P.L. 2003, c. 246 (C.26:8A-3) who has been appointed the guardian of an incapacitated person may, by will, appoint a testamentary guardian of the person, or a guardian of the estate, or of both the person and estate of the incapacitated person. Before the appointment of a testamentary guardian becomes effective, the person designated as the testamentary guardian shall apply to the court in a summary manner, upon notice to the incapacitated person, to any guardian who may have been appointed for the incapacitated person, to the person or institution having the care of the incapacitated person and to such heirs as the court may direct, for a judgment confirming that appointment under the will. Amended 2005, c.304, s.18.
N.J. Stat. § 3B:1-9 — NJ Code / Title 3B / Chapter 1 / Section 1-9
Effect of fraud and evasion
Status: in_force

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate. L.1981, c. 405, s. 3B:1-9, eff. May 1, 1982.
N.J. Stat. § 3B:11-32 — NJ Code / Title 3B / Chapter 11 / Section 11-32
Community trust irrevocable
Status: in_force

14. A community trust for persons with severe chronic disabilities is irrevocable, but the trustees in their sole discretion may provide compensation for any contribution to the trust to any trustor who, upon good cause, withdraws a beneficiary designated by the trustor from the trust, or if it becomes impossible to fulfill the conditions of the trust with regard to an individual beneficiary for reasons other than the death of the beneficiary. The trustor may also designate one or more remaindermen at the time the contribution is made to the trust. L.1985,c.424,s.14; amended 1993,c.224,s.4.
N.J. Stat. § 3B:15-30 — NJ Code / Title 3B / Chapter 15 / Section 15-30
Application to have action on bond discontinued
Status: in_force

In any action on the bond of a fiduciary, the surety before judgment may apply to have the action discontinued. The application shall be made to the Superior Court as provided in N.J.S. 3B:15-25. The court shall thereupon appoint a time and place to hear the application and direct what notice, if any, of the application be given to the persons aggrieved by the forfeiture of the bond. L.1981, c. 405, s. 3B:15-30, eff. May 1, 1982.
N.J. Stat. § 3A:25-48 — NJ Code / Title 3A / Chapter 25 / Section 25-48
Existence of right notwithstanding limitation
Status: in_force

The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. L.1979, c. 484, s. 10 eff. Feb. 28, 1980.
N.J. Stat. § 3B:23-7 — NJ Code / Title 3B / Chapter 23 / Section 23-7
Protection of purchaser from or lender to distributee
Status: in_force

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from the distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which a State documentary fee is noted pursuant to section 3 of P.L.1968, c. 49 (C. 46:15-7) shall be prima facie evidence that the transfer was made for value. L.1981, c. 405, s. 3B:23-7, eff. May 1, 1982.
N.J. Stat. § 3B:24-1 — NJ Code / Title 3B / Chapter 24 / Section 24-1
Definitions
Status: in_force

As used in this chapter: a. "The tax" means all taxes finally determined to be due and payable by a fiduciary, under the laws of the United States now or hereafter enacted and under the laws of this State now or hereafter enacted, imposing an estate tax; b. "Gross tax estate" means all property of every description required to be included in computing the tax; c. "Fiduciary" means any person acting in a fiduciary capacity who is required to pay the tax; d. "Transferee" means any person to whom the gross tax estate or any part thereof is, or may be, transferred or to whom any benefit therein accrues other than that part of the gross tax estate which passes under the will of decedent, or, if there be no will, comes into the possession of the fiduciary for administration as a part of the gross tax estate of the decedent. The trustee of any inter vivos trust and the executor of, trustee or other fiduciary under, the will of any other decedent holding property included as a part of the gross estate shall be deemed to be a transferee. L.1981, c. 405, s. 3B:24-1, eff. May 1, 1982.
N.J. Stat. § 3B:16-2 — NJ Code / Title 3B / Chapter 16 / Section 16-2
Inventory and appraisal to be made and filed
Status: in_force

A personal representative may or, if required by the court or if the exemption for the benefit of the family of the decedent is to be set off as allowed by N.J.S. 3B:16-5, shall make and file a true and perfect inventory of the real and personal property of his decedent, which has come to his hands, possession or knowledge or into the hands of any other person for him, and cause a just appraisal thereof to be made by two discreet and impartial persons. The court shall not require an inventory and appraisal to be filed until 3 months after the grant of letters, except that if an exemption is to be set off, the inventory and appraisal shall be made within the 3 months. L.1981, c. 405, s. 3B:16-2, eff. May 1, 1982.
N.J. Stat. § 3B:11-21 — NJ Code / Title 3B / Chapter 11 / Section 11-21
Purposes, policies.
Status: in_force

3. This act shall be liberally construed and applied to promote its underlying purposes and policies, which are among others to: a. encourage the orderly establishment of community trusts for the benefit of persons with severe chronic disabilities; b. ensure that community trusts are administered properly and that the managing boards of the trusts are free from conflicts of interest, except that an unpaid member of the managing board of a nonprofit corporation provider shall not be deemed to be in conflict as a member of the managing board of a trust; c. facilitate sound administration of trust funds for persons with severe chronic disabilities by allowing family members and others to pool resources in order to make professional management investment more efficient; d. provide parents of persons with severe chronic disabilities peace of mind in knowing that a means exists to ensure that the interests of their children who have severe chronic disabilities are properly looked after and managed after the parents die or become incapacitated; e. help make guardians available for persons with severe chronic disabilities who are incapacitated, when no other family member is available for this purpose; f. encourage the availability of private resources to purchase for persons with severe chronic disabilities goods and services that are not available through any governmental or charitable program and to conserve these resources by limiting purchases to those which are not available from other sources; g. encourage the inclusion, as beneficiaries of community trusts, of persons who lack resources and whose families are indigent, in a way that does not diminish the resources available to other beneficiaries whose families have contributed to the trust; and h. remove the disincentives which discourage parents and others from setting aside funds for the future protection of persons with severe chronic disabilities by ensuring that the interests of beneficiaries in community trusts are not considered assets or income which would disqualify them from any governmental or charitable entitlement program with an economic means test. L.1985, c.424, s.3; amended 1993, c.224, s.1; 2013, c.103, s.23.
N.J. Stat. § 3B:12B-18 — NJ Code / Title 3B / Chapter 12B / Section 12B-18
Accepting guardianship or conservatorship transferred from another state.
Status: in_force

18. Accepting guardianship or conservatorship transferred from another state. a. To confirm transfer of a guardianship or conservatorship to this State under provisions similar to section 17 of P.L.2012, c.36 (C.3B:12B-17), the guardian or conservator in the other state shall file a petition in the court of this State to accept the guardianship of the person or the person's estate, or both, or the conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer. b. Notice of a petition under this section shall be given, in the same manner as notice is required to be given in this State, to those persons that would be entitled to notice if the petition were for the appointment of a guardian or issuance of a protective order in both the transferring state and this State. c. On the court's own motion or upon request of the guardian or of the conservator or conservatee, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to this section. d. The court shall issue an order provisionally granting relief under this section unless: (1) an objection is made and the court determines that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person or conservatee; or (2) the guardian or conservator is ineligible for appointment in this State. e. The final order accepting the proceeding and appointing the guardian or conservator from the other state as guardian of the person or estate, or both, or conservator in this State shall be issued upon the receipt by this State's court of a final order issued under provisions similar to section 17 of P.L.2012, c.36 (C.3B:12B-17) transferring the proceeding to this State. f. Upon application of a party or upon the court's own motion, the court shall determine whether the guardianship of the person or estate, or both, or the conservatorship needs to be modified to conform to the law of this State. g. In granting an application under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated person's incapacity and the appointment of the guardian of the person or estate, or both, or of the conservator. h. The denial by a court of this State of an application to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian of the person or estate, or both, in this State under N.J.S.3B:12-25 or as conservator under N.J.S.3B:13A-1 et seq., if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. L.2012, c.36, s.18.
N.J. Stat. § 3B:31-70 — NJ Code / Title 3B / Chapter 31 / Section 31-70
Distribution upon termination.
Status: in_force

3B:31-70. Distribution Upon Termination. a. Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. b. Upon termination or partial termination of a trust, the trustee may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The proposal shall notify all persons who have a right to object to the proposal of their right to object and that their objection is required to be in writing and received by the trustee within 30 days after the mailing or delivery of the proposal. The right of any person to object to the proposed distribution on the basis of the kind or value of asset he or another beneficiary is to receive, if not waived earlier in writing, terminates if he fails to object in writing received by the trustee within 30 days after mailing or delivery of the proposal. L.2015, c.276, s.1.
N.J. Stat. § 3B:15-33 — NJ Code / Title 3B / Chapter 15 / Section 15-33
Bonds not invalidated because of abolition of certain offices or courts
Status: in_force

No bond heretofore given by any fiduciary for the faithful performance, by him, of the duties of his office as a fiduciary, to any court or to any judicial officer, or clerk of any court abolished by the Constitution of 1947, as amended, shall be invalidated by reason of the abolition of any court, judicial or clerical office, but the bond shall remain in full force and effect, and if forfeited, may be prosecuted in accordance with the provisions of this article. L.1981, c. 405, s. 3B:15-33, eff. May 1, 1982.
N.J. Stat. § 3B:12-67 — NJ Code / Title 3B / Chapter 12 / Section 12-67
Short title
Status: in_force

1. This act shall be known and may be cited as the "New Jersey Standby Guardianship Act." L.1995,c.76,s.1.
N.J. Stat. § 3B:13A-20 — NJ Code / Title 3B / Chapter 13A / Section 13A-20
Other factors to be considered by conservator in making expenditures
Status: in_force

In making expenditures under N.J.S. 3B:13A-19, the conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the conservatee with due regard to: a. The size of the conservatee's estate; b. The probable duration of the conservatorship and the likelihood that the conservatee, at some future time, may be fully able to manage his affairs and the estate which has been conserved for him; and c. The accustomed standard of living of the conservatee and members of his household. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:23-32 — NJ Code / Title 3B / Chapter 23 / Section 23-32
Limitations on enforcement of devise
Status: in_force

Nothing in N.J.S. 3B:23-33 to N.J.S. 3B:23-35 shall be so construed as to permit the enforcement of a devise to the prejudice of creditors of the testator or as giving effect to a will not warranted by law. L.1981, c. 405, s. 3B:23-32, eff. May 1, 1982.
N.J. Stat. § 3B:31-73 — NJ Code / Title 3B / Chapter 31 / Section 31-73
Damages in absence of breach.
Status: in_force

3B:31-73. Damages in Absence of Breach. a. A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust, except where the interest in the transaction involved is fully disclosed to the beneficiary and consent is freely given. b. Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
L.2015, c.276, s.1.
N.J. Stat. § 3B:12-33 — NJ Code / Title 3B / Chapter 12 / Section 12-33
Bond of testamentary guardian.
Status: in_force

3B:12-33. Bond of testamentary guardian. Before receiving his letters, a testamentary guardian of an incapacitated person shall give bond in accordance with N.J.S.3B:15-1 unless the guardian is relieved from doing so by direction of the will of the parent, spouse or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) appointing the guardian. However, regardless of any direction, the guardian shall, with respect to property to which the ward is or shall be entitled from any source, other than the parent, spouse or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) or other than any policy of life insurance upon the life of the parent, spouse or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), give bond in accordance with that section before exercising any authority or control over that property. The provisions of this section relieving a testamentary guardian of an incapacitated person from giving bond by direction of the will of the parent, spouse or domestic partner shall not apply to a testamentary guardian of a minor with a developmental disability. Such guardian shall be bonded pursuant to paragraph (1) of subsection i. of N.J.S.3B:15-1, unless the guardian is relieved from doing so pursuant to paragraph (2) of subsection i. of N.J.S.3B:15-1. Amended 2005, c.304, s.21, 2009, c.140, s.3.
N.J. Stat. § 3B:12-31 — NJ Code / Title 3B / Chapter 12 / Section 12-31
Consent by surviving parent to guardian's appointment.
Status: in_force

3B:12-31. Consent by surviving parent to guardian's appointment. Where an appointment of a testamentary guardian is made by a parent under N.J.S.3B:12-30 and the other parent survives the appointing parent, the appointment shall be effective only when the surviving parent, at or before the issuance of letters, consents to the appointment in writing and signs and acknowledges the consent in the presence of two witnesses present at the same time who subscribe their names as witnesses thereto in the presence of the surviving parent, unless the surviving parent has been adjudged an incapacitated person. Amended 2005, c.304, s.19.
N.J. Stat. § 3B:18-30 — NJ Code / Title 3B / Chapter 18 / Section 18-30
Burden of proving value
Status: in_force

In the event of a dispute as to the value of corpus on the settlement of the account of a fiduciary, the burden of proving that the value of any item of corpus differs from the presumptive value of the item shall be upon the party claiming the difference. L.1981, c. 405, s. 3B:18-30, eff. May 1, 1982.
N.J. Stat. § 3B:8-5 — NJ Code / Title 3B / Chapter 8 / Section 8-5
Transfers excluded.
Status: in_force

3B:8-5. Transfers excluded. Any transfer of property shall be excluded from the augmented estate under N.J.S. 3B:8-3, if made with the written consent or joinder of the surviving spouse or domestic partner. There shall also be excluded from the augmented estate any life insurance, accident insurance, joint annuity or pension payable to a person other than the surviving spouse or domestic partner. Amended 2005, c.331, s.10.
N.J. Stat. § 3B:14-51 — NJ Code / Title 3B / Chapter 14 / Section 14-51
Service of process
Status: in_force

If a domiciliary foreign fiduciary has submitted himself to the jurisdiction of the courts of this State, service of process shall be made upon him as provided by the Rules of the Supreme Court of New Jersey. L.1981, c. 405, s. 3B:14-51, eff. May 1, 1982.
N.J. Stat. § 3B:16-6 — NJ Code / Title 3B / Chapter 16 / Section 16-6
Proof of inventory and exempt list
Status: in_force

The inventory of a personal representative which is to be filed, shall be proved by his oath that it is just and true, and by the oath of the appraisers, or one of them, that the real and personal property specified in the inventory was appraised at its just and true values according to their or his best judgment. If only one of the appraisers be sworn it shall be added that the other appraiser was present at the same time and consented to the valuation and appraisal. The oaths shall be taken before any person qualified to administer oaths in this State and shall be indorsed on the inventory filed with the surrogate or clerk of the Superior Court, as the case may be. If personal property of the decedent shall have been set off for the benefit of the family, the executor or administrator shall also verify by his oath the list of property selected and file the list with the inventory. L.1981, c. 405, s. 3B:16-6, eff. May 1, 1982.
N.J. Stat. § 3B:22-28 — NJ Code / Title 3B / Chapter 22 / Section 22-28
Effect of confirmation
Status: in_force

When property is sold pursuant to N.J.S. 3B:22-26 and the sale is confirmed by the court directing the sale, the judgment or order confirming the sale or a certified copy thereof shall be conclusive evidence in all courts of the validity of the proceedings for sale and of the fulfillment of statutory requirements. The judgment or order may be set aside or reversed by appropriate proceedings for that purpose; but the proceedings shall not affect a bona fide purchaser, and the purchaser, his heirs and assigns, shall hold the property so purchased, notwithstanding the setting aside or reversal and notwithstanding any defect in the proceedings for sale. L.1981, c. 405, s. 3B:22-28, eff. May 1, 1982.
N.J. Stat. § 3B:5-14.1 — NJ Code / Title 3B / Chapter 5 / Section 5-14.1
"Minor" defined; loss of right to intestate succession by parent, certain circumstances.
Status: in_force

4. a. As used in this section, "minor" means a person under the age of 18 years. b. A parent of a decedent shall lose all right to intestate succession in any part of the decedent's estate and all right to administer the estate of the decedent if: (1) The parent refused to acknowledge the decedent or abandoned the decedent when the decedent was a minor by willfully forsaking the decedent, failing to care for and keep the control and custody of the decedent so that the decedent was exposed to physical or moral risk without proper and sufficient protection, or failing to care for and keep the control and custody of the decedent so that the decedent was in the care, custody and control of the State at the time of death; (2) The parent was convicted of committing any of the following crimes against the decedent: (a) N.J.S.2C:14-2, Sexual Assault; (b) N.J.S.2C:14-3, Criminal Sexual Contact; (c) N.J.S.2C:24-4, Endangering Welfare of Children; (3) The parent was convicted of an attempt or conspiracy to murder the decedent; or (4) The parent abused or neglected the decedent, as defined in subsection c. of section 1 of P.L.1974, c.119 (C.9:6-8.21), and the abuse or neglect contributed to the decedent's death. c. If a parent is disqualified from taking a distributive share in the estate of a decedent under this section, the estate shall be distributed as though the parent predeceased the decedent. L.2009, c.43, s.4.
N.J. Stat. § 3B:13A-2 — NJ Code / Title 3B / Chapter 13A / Section 13A-2
Civil action to appoint conservator
Status: in_force

The Superior Court may, in a civil action brought by the conservatee or some other person in his behalf, appoint a conservator to manage the estate of a conservatee, except that if the conservatee objects to the imposition of a conservatorship, a conservator shall not be appointed. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:20-32 — NJ Code / Title 3B / Chapter 20 / Section 20-32
Rules and regulations governing banking institutions
Status: in_force

A banking institution depositing securities pursuant to this article shall be subject to rules and regulations as, in the case of State chartered institutions the Commissioner of the Department of Banking and, in the case of national banks, the Comptroller of the Currency may from time to time issue. L.1981, c. 405, s. 3B:20-32, eff. May 1, 1982.
N.J. Stat. § 3B:8-16 — NJ Code / Title 3B / Chapter 8 / Section 8-16
Enforcing judgment
Status: in_force

The judgment of the court made pursuant to N.J.S. 3B:8-15 may be enforced as other judgments are enforced by law. L.1981, c. 405, s. 3B:8-16, eff. May 1, 1982.
N.J. Stat. § 3B:20-23 — NJ Code / Title 3B / Chapter 20 / Section 20-23
Banking institution acting as fiduciary
Status: in_force

3B:20-23. Banking institution acting as fiduciary. An exchange or conversion of shares may be made pursuant to this article notwithstanding that the fiduciary which holds the shares in the trust estate is the banking institution which issued them. Amended 1997, c.26, s.20.
N.J. Stat. § 3B:14-25 — NJ Code / Title 3B / Chapter 14 / Section 14-25
Payment of debt or delivery of certain personal property; requirements
Status: in_force

After the expiration of 60 days from the appointment of a domiciliary foreign fiduciary, any person indebted to the estate or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign fiduciary upon being presented with a certificate of his letters or other proof of his authority and an affidavit made by or on his behalf stating: a. The date of the letters of the domiciliary foreign fiduciary, or the date when he first received authority to act; b. That no letters have issued in this State and no action therefor is pending in this State; and c. That the domiciliary foreign fiduciary is entitled to payment or delivery. L.1981, c. 405, s. 3B:14-25, eff. May 1, 1982.
N.J. Stat. § 3B:31-3 — NJ Code / Title 3B / Chapter 31 / Section 31-3
Definitions.
Status: in_force

3B:31-3. Definitions. As used in this act: "Action," with respect to an act of a trustee, includes a failure to act. "Beneficiary," as it relates to trust beneficiaries, includes a person: (1) who has any present or future interest, vested or contingent; (2) who, in a capacity other than that of trustee, holds a power of appointment over trust property; (3) who is the owner of an interest by assignment or other transfer; and (4) as it relates to a charitable trust, any person who is entitled to enforce the trust. "Charitable trust" means a trust, or portion of a trust, created for a charitable purpose described in subsection a. of N.J.S.3B:31-22. "Environmental law" means a federal, State, or local law, rule, regulation, or ordinance relating to protection of the environment. "Interests of the beneficiaries" means the beneficial interests provided in the terms of the trust. "Jurisdiction," with respect to a geographic area, includes a state or country. "Power of withdrawal" means a presently exercisable general power of appointment other than a power exercisable only upon consent of the trustee or a person holding an adverse interest. "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. "Qualified beneficiary" means a beneficiary who, on the date the beneficiary's qualification is determined: (1) is a distributee or permissible distributee of trust income or principal; (2) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (1) terminated on that date; or (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. "Revocable," as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. "Settlor" means a person, including a testator, who creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion. "Spendthrift provision" means a term of a trust which restrains both voluntary and involuntary transfer of a beneficiary's interest. "State" means a State of the United States, the District of Columbia, Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by a state. "Terms of a trust" means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding. "Trust instrument" means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto. "Trustee," in addition to the definition contained in N.J.S.3B:1-2, includes a corporate entity in its capacity as trustee and a co-trustee where two or more are appointed. L.2015, c.276, s.1.
N.J. Stat. § 3B:13A-21 — NJ Code / Title 3B / Chapter 13A / Section 13A-21
Persons for whose benefit expenditures may be made
Status: in_force

The conservator may expend funds of the conservatee's estate for the support of persons legally dependent on the conservatee and others who are members of the conservatee's household who are unable to support themselves, and who are in need of support. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:30-6 — NJ Code / Title 3B / Chapter 30 / Section 30-6
"Transfer on death," "pay on death"
Status: in_force

6. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of the beneficiary. L.1995,c.130,s.6.
N.J. Stat. § 3B:3-9 — NJ Code / Title 3B / Chapter 3 / Section 3-9
Laws determining valid execution of will
Status: in_force

A written will is validly executed if executed in compliance with N.J.S. 3B:3-2 or N.J.S. 3B:3-3 or its execution was in compliance with the law of the place where it was executed, or with the law of the place where at the time of execution or at the time of death the testator was domiciled, had a place of abode or was a national. L.1981, c. 405, s. 3B:3-9, eff. May 1, 1982.
N.J. Stat. § 3A:35-4 — NJ Code / Title 3A / Chapter 35 / Section 35-4
Quarantine
Status: in_force

Until dower or curtesy is assigned, the widow or widower may remain in, hold and enjoy the mansion house of his or her spouse and the messuage and plantation belonging thereto, without being liable to pay rent therefor. After assignment of dower or curtesy, the rights confirmed in and granted to the widow or widower by this section shall cease.
N.J. Stat. § 3B:14-38 — NJ Code / Title 3B / Chapter 14 / Section 14-38
Actions by fiduciaries
Status: in_force

The fiduciary or a majority of the fiduciaries who qualify may maintain an action in any court of this State without joining any fiduciary who has failed to qualify or join in the action. An action so brought and judgment recovered thereon in the name of the majority shall be as valid and effectual as if brought by and in the names of all the qualified fiduciaries. L.1981, c. 405, s. 3B:14-38, eff. May 1, 1982.
N.J. Stat. § 3B:31-71 — NJ Code / Title 3B / Chapter 31 / Section 31-71
Remedies for breach of trust.
Status: in_force

3B:31-71. Remedies for Breach of Trust. a. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. b. To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (2) enjoin the trustee from committing a breach of trust; (3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means; (4) order a trustee to account; (5) appoint a special fiduciary to take possession of the trust property and administer the trust; (6) suspend the trustee; (7) remove the trustee as provided in N.J.S.3B:31-51; (8) reduce or deny compensation to the trustee; (9) subject to N.J.S.3B:14-37, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (10) order any other appropriate relief. L.2015, c.276, s.1.
N.J. Stat. § 3B:18-22 — NJ Code / Title 3B / Chapter 18 / Section 18-22
When rates for corpus commissions taken annually effective
Status: in_force

With respect to a fiduciary's annual corpus commissions, the rates set forth in this article shall apply for all yearly periods ending after February 29, 1980. L.1981, c. 405, s. 3B:18-22, eff. May 1, 1982.
N.J. Stat. § 3B:14-7 — NJ Code / Title 3B / Chapter 14 / Section 14-7
Account of removed or discharged fiduciary
Status: in_force

A removed or discharged fiduciary shall, within 60 days after removal or discharge or within a shorter or longer period as the court may direct, state and settle his account before the Superior Court for all the assets of the estate in his charge. L.1981, c. 405, s. 3B:14-7, eff. May 1, 1982.
N.J. Stat. § 3B:31-9 — NJ Code / Title 3B / Chapter 31 / Section 31-9
Methods and waiver of notice.
Status: in_force

3B:31-9. Methods and Waiver of Notice. a. Notice to a person under this act or the sending of a document to a person under this act shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed textual electronic message. b. Notice otherwise required under this act or a document otherwise required to be sent under this act need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee. c. Notice under this act or the sending of a document under this act may be waived by the person to be notified or sent the document. d. Notice of a judicial proceeding shall be given as provided in the applicable New Jersey Rules of Court. L.2015, c.276, s.1.
N.J. Stat. § 3B:21-2 — NJ Code / Title 3B / Chapter 21 / Section 21-2
Meaning of term "personal property"
Status: in_force

The term "personal property" as used in this chapter shall include, but without limitation, property or money or any devise or distributive share, interest, trust fund or trust property in the hands of a fiduciary residing or acting in this State, moneys in the hands of a receiver appointed by any court, moneys in the hands of a commissioner, officer, fiduciary or other person constituting the proceeds from the sale of real estate under any judicial proceeding, or pursuant to the provisions of any will or instrument of trust, or awarded as damages for the taking of lands under legislative authority, moneys or funds deposited in any court of this State, whether arising from the sale of lands or otherwise, and moneys or property in the custody or under the control or subject to the directions of any court. L.1981, c. 405, s. 3B:21-2, eff. May 1, 1982.
N.J. Stat. § 3B:13-4 — NJ Code / Title 3B / Chapter 13 / Section 13-4
Fees and costs
Status: in_force

Except as otherwise provided in this chapter, no costs or fees shall be charged or taxed by the surrogates of the respective counties or by the Superior Court for accounts rendered or other proceedings had under this chapter. L.1981, c. 405, s. 3B:13-4, eff. May 1, 1982.
N.J. Stat. § 3B:12B-17 — NJ Code / Title 3B / Chapter 12B / Section 12B-17
Transfer of guardianship or conservatorship to another state.
Status: in_force

17. Transfer of guardianship or conservatorship to another state. a. A guardian or conservator appointed, or a conservatee, in this State may petition the court to transfer the guardianship or conservatorship to another state. b. Notice of a petition for transfer shall be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator. c. On the court's own motion or upon request of the guardian or conservator or conservatee, or other person required to be notified of the petition, the court shall hold a hearing on a petition to transfer. d. The court shall issue an order provisionally granting a petition to transfer a guardianship and direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court of the other state and the court finds that: (1) in the case of a guardianship of the person, the incapacitated person is physically present in or is reasonably expected to move permanently to the other state, or in the case of a guardianship of estate, the incapacitated person is physically present in or is reasonably expected to move permanently to, or has a significant connection to, the other state; and (2) an objection to the transfer has not been made or, that the transfer would not be contrary to the interests of the incapacitated person; and (3) in the case of a guardianship of the person, plans for care and services for the incapacitated person in the other state are reasonable and sufficient, or in the case of a guardianship of the estate, adequate arrangements are made for management of the incapacitated person's property. e. The court shall issue a provisional order granting a transfer of a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 10 of P.L.2012, c.36 (C.3B:12B-10); (2) an objection to the transfer has not been made or, that the transfer would not be contrary to the interests of the incapacitated person; and (3) adequate arrangements will be made for management of the protected person's property. f. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon receipt of: (1) a provisional order accepting the guardianship or conservatorship from the court to which the guardianship or conservatorship is to be transferred under provisions similar to section 18 of P.L.2012, c.36 (C.3B:12B-18); and (2) the documents required to terminate a guardianship or conservatorship in this State. L.2012, c.36, s.17.
N.J. Stat. § 3B:13A-18 — NJ Code / Title 3B / Chapter 13A / Section 13A-18
Expenditures to be made by conservator out of conservatee's estate
Status: in_force

A conservator may expend or distribute so much or all of the income or principal of the conservatee for his support, maintenance, education, general use and benefit and for the support, maintenance, education, general use and benefit of his dependents, in the manner, at the time or times and to the extent that the conservator, in an exercise of a reasonable discretion, deems suitable and proper, with or without court order, with or without regard to the duty or ability of any person to support or provide for the conservatee, and with or without regard to any other funds, income or property which may be available for any of those purposes. L.1983, c. 192, s. 1, eff. May 23, 1983.
N.J. Stat. § 3B:12-66 — NJ Code / Title 3B / Chapter 12 / Section 12-66
Filling vacancy in guardianship.
Status: in_force

3B:12-66. Filling vacancy in guardianship. The Superior Court, or the Surrogate's court in the case of a minor, shall have jurisdiction to fill the vacancy by the appointment of a substituted guardian. The Superior Court may fill the vacancy in case of a guardian of a minor or where letters of guardianship were granted by the Superior Court or when removing or discharging the guardian. The Surrogate's court may fill the vacancy in the case of a guardian of a minor where letters were granted by the Surrogate's Court. Amended 2005, c.304, s.46.
N.J. Stat. § 3B:12-2 — NJ Code / Title 3B / Chapter 12 / Section 12-2
Matters within a protective arrangement.
Status: in_force

3B:12-2. Matters within a protective arrangement. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, addition to, or establishment of, a suitable trust. The court may authorize, direct or ratify any contract, trust or other transaction relating to the minor's, incapacitated person's, alleged incapacitated person's or person's not yet in being financial affairs or involving the estate if the court determines that the transaction is in the best interests of the minor, incapacitated person, alleged incapacitated person or person not yet in being or those dependent upon him. Amended 2005, c.304, s.2.
N.J. Stat. § 3B:18-10 — NJ Code / Title 3B / Chapter 18 / Section 18-10
Notice to recipient of property
Status: in_force

The court shall prescribe the notice to be given to the recipient of the property of the fiduciary's application for additional compensation. L.1981, c. 405, s. 3B:18-10, eff. May 1, 1982.
N.J. Stat. § 3B:14-1 — NJ Code / Title 3B / Chapter 14 / Section 14-1
Survivorship and succession among cofiduciaries; duties and powers
Status: in_force

There shall be survivorship and succession between and among cofiduciaries. If only one fiduciary survives or remains qualified to act, no substituted fiduciary need be appointed to act in the place of any cofiduciary who may have died or may have been removed, discharged or otherwise disabled to act. The surviving fiduciary or cofiduciaries shall proceed with the duties of the office and shall be entitled to the property and assets, and to sue for and recover them, and to sell and convey them, as if the remaining fiduciary or cofiduciaries had been solely appointed to the office. L.1981, c. 405, s. 3B:14-1, eff. May 1, 1982.
N.J. Stat. § 3B:31-81 — NJ Code / Title 3B / Chapter 31 / Section 31-81
Certification of trust.
Status: in_force

3B:31-81. Certification of Trust. a. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) the authority of co-trustees to sign and whether all or less than all are required in order to exercise powers of the trustee; and (7) the name in which title to trust property may be taken. b. A certification of trust shall be signed by all persons identified as currently acting as trustee. c. A certification of trust shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. d. A certification of trust need not contain the dispositive terms of a trust. e. A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction. f. A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification. g. A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument. h. This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. L.2015, c.276, s.1.
N.J. Stat. § 3B:11-33 — NJ Code / Title 3B / Chapter 11 / Section 11-33
Not deemed asset
Status: in_force

Notwithstanding any other provision of law to the contrary, the beneficiary's interest in any community trust shall not be deemed to be an asset for the purpose of determining income eligibility for any publicly operated program, nor shall that interest be reached in satisfaction of a claim for support and maintenance of the beneficiary. No agency shall reduce the benefits or services available to any individual because that person is the beneficiary of a community trust. L. 1985, c. 424, s. 15.
N.J. Stat. § 3B:20-11.6 — NJ Code / Title 3B / Chapter 20 / Section 20-11.6
Impartiality of fiduciary
Status: in_force

6. If a trust has two or more beneficiaries, the fiduciary shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries. L.1997,c.26,s.6.
N.J. Stat. § 3B:2-1 — NJ Code / Title 3B / Chapter 2 / Section 2-1
Jurisdiction of Superior Court not affected
Status: in_force

The provisions of this title are not intended and shall not be so construed as in any way to affect, impair or limit the original general jurisdiction of the Superior Court given to it by the Constitution. L.1981, c. 405, s. 3B:2-1, eff. May 1, 1982.
N.J. Stat. § 3B:12-58 — NJ Code / Title 3B / Chapter 12 / Section 12-58
Gifts to charities and other objects.
Status: in_force

3B:12-58. Gifts to charities and other objects. If the estate is ample to provide for the purposes implicit in the distributions authorized by this article, a guardian for the estate of an incapacitated person may apply to the court for authority to make gifts to charity and other objects as the ward might have been expected to make. Amended 2005, c.304, s.40.
N.J. Stat. § 3B:31-27 — NJ Code / Title 3B / Chapter 31 / Section 31-27
Modification or termination of noncharitable irrevocable trust by consent.
Status: in_force

3B:31-27. Modification or Termination of Noncharitable Irrevocable Trust by Consent. a. A noncharitable irrevocable trust may be modified or terminated upon consent of the trustee and all beneficiaries, if the modification or termination is not inconsistent with a material purpose of the trust. b. A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust. c. A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust. d. Upon termination of a trust under subsection a. or b. of this section, the trustee shall distribute the trust property as agreed by the beneficiaries. e. If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection a. or b. of this section, the modification or termination may be approved by the court if the court is satisfied that: (1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and (2) the interests of a beneficiary who does not consent will be adequately protected. L.2015, c.276, s.1.
N.J. Stat. § 3B:20-11.3 — NJ Code / Title 3B / Chapter 20 / Section 20-11.3
Investments, management of trust assets by fiduciary
Status: in_force

3. a. A fiduciary shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the fiduciary shall exercise reasonable care, skill, and caution. b. A fiduciary's investment and management decisions respecting individual assets shall not be evaluated in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. c. Subject to the standards established in this act, a fiduciary may invest in any kind of property or type of investment. No specific investment or course of action is inherently imprudent. d. Among the circumstances that the fiduciary shall consider in investing and managing trust assets are those of the following as are relevant to the trust and its beneficiaries: (1) general economic conditions; (2) the possible effect of inflation or deflation; (3) the expected tax consequences of investment decisions or strategies; (4) the role that each investment or course of action plays within the overall trust portfolio; (5) the expected total return from income and the appreciation of capital; (6) other resources of the beneficiaries; (7) the need for liquidity, for regularity of income, and for preservation or appreciation of capital; and (8) an asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries as, for example, an interest in a closely-held enterprise, tangible and intangible personalty, or real estate. e. The fiduciary shall take reasonable steps to verify facts relevant to the investment and management of trust assets and may rely and be fully protected in relying upon statistical, financial, corporate or other information as to a particular investment, and upon ratings or other opinion as to the financial or other status thereof, contained in or offered by any financial, statistical, investment, rating or other publication or service published for the use of and accepted as reliable by investors in like investments or upon a copy of the prospectus prepared and filed with the Securities and Exchange Commission in connection with a new issue. f. A fiduciary who has special skills or expertise, or is named fiduciary in reliance upon representations of special skills or expertise, has a duty to use those special skills or expertise. L.1997,c.26,s.3.
N.J. Stat. § 3A:36-5 — NJ Code / Title 3A / Chapter 36 / Section 36-5
Effect of admeasurement
Status: in_force

If the dower or curtesy estate becomes consummate after an admeasurement authorized by section 3A:36-4 of this title, the widow or widower shall have for her or his life the portion so admeasured, and the remaining portion of the real estate shall be held by the purchaser free and clear of all right or estate of dower or curtesy from the time of the judgment of the court so admeasuring, unless the same be set aside or reversed.
N.J. Stat. § 3B:31-82 — NJ Code / Title 3B / Chapter 31 / Section 31-82
Electronic records and signatures.
Status: in_force

3B:31-82. Electronic Records and Signatures. The provisions of this act governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the "Electronic Signatures in Global and National Commerce Act" (15 U.S.C. s.7002), and supersede, modify, and limit the requirements of that act. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-25 — NJ Code / Title 3B / Chapter 31 / Section 31-25
Noncharitable trust without ascertainable beneficiary.
Status: in_force

3B:31-25. Noncharitable Trust Without Ascertainable Beneficiary. Except as otherwise provided in N.J.S.3B:31-24 or by another statute, the following rules apply: a. A trust may be created for a noncharitable but otherwise valid purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. b. A trust authorized by this section may be enforced by the settlor or by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. c. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's estate. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-84 — NJ Code / Title 3B / Chapter 31 / Section 31-84
Application to existing relationships.
Status: in_force

3B:31-84. Application to Existing Relationships. a. Except as otherwise provided in this act: (1) this act applies to all trusts created before, on, or after its effective date; (2) this act applies to all judicial proceedings concerning trusts commenced on or after its effective date; (3) this act applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies; (4) any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of the act unless there is clear indication of a contrary intent in the terms of the trust; and (5) an act done before the effective date is not affected by this act. b. If a right is acquired, extinguished, or barred upon expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if that statute has been repealed or superseded by this act. L.2015, c.276, s.1.
N.J. Stat. § 3B:20-25 — NJ Code / Title 3B / Chapter 20 / Section 20-25
Application of article
Status: in_force

3B:20-25. Application of article. This article shall not apply where a trust instrument contains provisions inconsistent with or contrary to the provisions of this article. Amended 1997, c.26, s.21.
N.J. Stat. § 3B:15-14 — NJ Code / Title 3B / Chapter 15 / Section 15-14
Additional bond upon withdrawals
Status: in_force

A fiduciary shall not be permitted by the court to collect or receive the principal of securities on deposit or to withdraw a deposit pursuant to N.J.S. 3B:15-13 unless an additional bond has been given by him, or unless there is proof that the estate or fund has been so reduced by payments or otherwise, that the amount of the bond originally given will be sufficient in amount to secure the estate or fund. L.1981, c. 405, s. 3B:15-14, eff. May 1, 1982.
N.J. Stat. § 3B:1-4 — NJ Code / Title 3B / Chapter 1 / Section 1-4
Contractual arrangements relating to death
Status: in_force

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after September 1, 1978, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. L.1981, c. 405, s. 3B:1-4, eff. May 1, 1982.
N.J. Stat. § 3B:23-10 — NJ Code / Title 3B / Chapter 23 / Section 23-10
Distribution to guardian
Status: in_force

A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to the guardian of his estate. L.1981, c. 405, s. 3B:23-10, eff. May 1, 1982.
N.J. Stat. § 3B:14-61 — NJ Code / Title 3B / Chapter 14 / Section 14-61
Uniformity of interpretation
Status: in_force

The article shall be so interpreted and construed as to effectuate its general purpose to make uniform laws of those states which enact it. L.1981, c. 405, s. 3B:14-61, eff. May 1, 1982.
N.J. Stat. § 3A:2A-84 — NJ Code / Title 3A / Chapter 2A / Section 2A-84
Repeals
Status: in_force

N.J.S. 3A:1-1, 3A:3-1 through 3A:3-3, 3A:3-6 through 3A:3-11, 3A:3-13, 3A:3-14, 3A:3-22, 3A:4-1 through 3A:4-7, 3A:4-9 through 3A:4-11, 3A:12-7 through 3A:12-9, 3A:13-1, 3A:24-2, 3A:25-1 and 3A:25-8 are hereby repealed. L.1977, c. 412, s. 90.
N.J. Stat. § 3B:12-35 — NJ Code / Title 3B / Chapter 12 / Section 12-35
Effect of a testamentary appointment.
Status: in_force

3B:12-35. Effect of a testamentary appointment. The appointment of a testamentary guardian of the person of an incapacitated person or his estate shall be good and effectual against any other person claiming the guardianship over or custody of the incapacitated person or his estate, as the case may be. Amended 2005, c.304, s.23.
N.J. Stat. § 3B:12B-8 — NJ Code / Title 3B / Chapter 12B / Section 12B-8
Taking testimony in another state; documentary evidence.
Status: in_force

8. Taking testimony in another state; documentary evidence. a. A court of this State may permit a witness located in another state to be deposed or to testify by any means permitted by the Rules Governing the Courts of the State of New Jersey. A court of this State shall cooperate with the court of another state in designating an appropriate location for the deposition or testimony. b. Documentary evidence transmitted from another state to a court of this State may be admitted into evidence consistent with the New Jersey Rules of Evidence. L.2012, c.36, s.8.
N.J. Stat. § 3B:31-67 — NJ Code / Title 3B / Chapter 31 / Section 31-67
Duty to disclose and discretion to periodically report.
Status: in_force

3B:31-67. Duty to Disclose and Discretion to Periodically Report. a. A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of a trust. b. A trustee, upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument. c. A trustee seeking the protection of N.J.S.3B:31-74 may provide the beneficiaries with a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets, and, if feasible, their respective market values. L.2015, c.276, s.1.
N.J. Stat. § 3B:9-7 — NJ Code / Title 3B / Chapter 9 / Section 9-7
Recording of disclaimer where real property or interest therein is disclaimed.
Status: in_force

3B:9-7. Each county clerk or register of deeds and mortgages shall provide a book to be entitled "Disclaimers," so arranged that he may record therein: a. The name of the disclaimant; b. The name of the decedent or the name of the donee of the power of appointment, the name of the trustee or other person having legal title to, or possession of, the property or interest disclaimed or entitled thereto in the event of disclaimer or the name of the donee of the power of appointment; c. The location of the property; d. The file number of the county clerk's office or the office of register of deeds and mortgages indorsed upon each disclaimer filed; e. The date of filing the disclaimer. The county clerk or the register of deeds and mortgages shall maintain in the 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. Amended 2004, c.132, s.70.
N.J. Stat. § 3B:1-8.1 — NJ Code / Title 3B / Chapter 1 / Section 1-8.1
Applicability of act.
Status: in_force

23. The provisions of P.L.2004, c. 132 and P.L.2005, c.160 (C.3B:1-8.1 et al.) shall apply to any decedent dying on or after February 27, 2005. L.2005,c.160,s.23.
N.J. Stat. § 3B:31-45 — NJ Code / Title 3B / Chapter 31 / Section 31-45
Limitation on action contesting validity of revocable trust; distribution of trust property.
Status: in_force

3B:31-45. Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property. a. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) Three years after the settlor's death; or (2) Four months, in the case of a resident, or six months, in the case of a nonresident, after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding. b. Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless: (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or (2) a potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the validity of the trust and the trustee has received written notice of a judicial proceeding commenced within 90 days after the contestant sent the notification. c. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received. L.2015, c.276, s.1.
N.J. Stat. § 3B:12-3 — NJ Code / Title 3B / Chapter 12 / Section 12-3
Factors to be considered before approving a protective arrangement.
Status: in_force

3B:12-3. Factors to be considered before approving a protective arrangement. Before approving a protective arrangement or other transaction the court shall consider the interests of creditors and dependents of the minor, incapacitated person or alleged incapacitated person and, in view of his disability, whether the minor, incapacitated person or alleged incapacitated person needs the continuing protection of a guardian. Amended 2005, c.304, s.3.
N.J. Stat. § 3B:14-65 — NJ Code / Title 3B / Chapter 14 / Section 14-65
Public liability after abandonment but before being divested of title
Status: in_force

Whenever a fiduciary, trust or estate abandons any real property pursuant to this article, the fiduciary, trust or estate shall remain liable for injury or damage to persons or property arising out of the ownership of the real property notwithstanding the abandonment, until the fiduciary, trust or estate has divested itself or has been divested of title thereto. L.1981, c. 405, s. 3B:14-65, eff. May 1, 1982.
N.J. Stat. § 3B:31-53 — NJ Code / Title 3B / Chapter 31 / Section 31-53
Reimbursement of expenses.
Status: in_force

3B:31-53. Reimbursement of Expenses. a. In addition to the compensation allowed by N.J.S.3B:18-2 et seq., a trustee is entitled to be reimbursed out of the trust property for: (1) expenses that were properly incurred in the administration of the trust; and (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust. b. An advance by a trustee of money or other property for the protection of the trust gives rise to a lien against trust property to secure reimbursement. L.2015, c.276, s.1.
N.J. Stat. § 3B:31-37 — NJ Code / Title 3B / Chapter 31 / Section 31-37
Special needs trusts.
Status: in_force

3B:31-37. Special Needs Trusts. Even if a trust contains a spendthrift provision, the following shall apply: a. Special Needs (1) "Protected person" means a person who is: (a) an aged, blind, or disabled individual as defined at 42 U.S.C. s.1382c; (b) developmentally disabled as defined in section 2 of P.L.1979, c.105 (C.30:1AA-2); or (c) under age 18, or over age 18 and a full-time student, with serious disabilities that reasonably may prevent the individual from being self sufficient as an adult. (2) "Special needs trust" means an OBRA '93 trust, as defined in subsection a. of section 3 of P.L.2000, c.96 (C.3B:11-37), or trust governed by a written instrument which: (a) grants a trustee broad discretion to determine whether and when to distribute; (b) limits distributions during the trust term to distributions to benefit one or more protected persons, although the trust shall have at least one protected person as beneficiary; (c) provides that the trustee does not have any obligation to pay the protected person's obligations or fund his support; (d) does not give the protected person any right to require the trustee to distribute at a specific time or for a particular purpose or to assign or encumber interests in the trust; and (e) evidences the grantor's intent to supplement rather than replace or impair government assistance that the protected person receives or for which he otherwise may be eligible. b. Notwithstanding any other provision of this act or other law: (1) trustees of a special needs trust have broad discretion over distributions; (2) no creditor of a protected person may reach or attach a protected person's interest in a special needs trust and no creditor may require the trustees to distribute to satisfy a protected person's creditor's claim; and (3) a special needs trust shall terminate at such time as provided in its governing instrument. c. A special needs trust shall not be required to repay government aid provided to a protected person unless the aid was provided on the basis that the special needs trust would repay the aid when the protected person dies, or the special needs trust terminates sooner and the special needs trust instrument expressly calls for such repayment. This provision does not apply to a first-party, self-settled OBRA '93 trust as defined in subsection a. of section 3 of P.L.2000, c.96 (C.3B:11-37). d. Notwithstanding N.J.S.3B:31-35 and N.J.S.3B:31-36, trustees of a special needs trust shall exercise their discretion in good faith to further trust purposes and courts may exercise their equity authority to remedy trustee abuses of discretion. L.2015, c.276, s.1.
N.J. Stat. § 3B:13-3 — NJ Code / Title 3B / Chapter 13 / Section 13-3
General rules of construction
Status: in_force

This chapter shall be liberally construed to secure the beneficial intent and purpose thereof and shall apply only to beneficiaries enumerated in N.J.S. 3B:13-2. This chapter shall also be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact the "Uniform Veterans' Guardianship Act." L.1981, c. 405, s. 3B:13-3, eff. May 1, 1982.
N.J. Stat. § 3B:23-35 — NJ Code / Title 3B / Chapter 23 / Section 23-35
Extent of recovery
Status: in_force

If it appears in the action that the surplus of assets in the possession of the personal representative over debts of the testator, is sufficient to pay all devises, the full amount of the devise may be recovered with costs; but if the surplus is not sufficient therefor, an abatement shall be made as provided in N.J.S. 3B:23-12 to N.J.S. 3B:23-15. L.1981, c. 405, s. 3B:23-35, eff. May 1, 1982.
N.J. Stat. § 3B:14-26 — NJ Code / Title 3B / Chapter 14 / Section 14-26
Release upon payment or delivery in good faith
Status: in_force

Payment or delivery made in good faith under N.J.S. 3B:14-25 on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local fiduciary. L.1981, c. 405, s. 3B:14-26, eff. May 1, 1982.
N.J. Stat. § 3B:20-29 — NJ Code / Title 3B / Chapter 20 / Section 20-29
Merger of certificates deposited
Status: in_force

When securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other securities deposited in the clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. L.1981, c. 405, s. 3B:20-29, eff. May 1, 1982.
N.J. Stat. § 3B:31-50 — NJ Code / Title 3B / Chapter 31 / Section 31-50
Resignation of trustee.
Status: in_force

3B:31-50. Resignation of Trustee. a. A trustee may resign: (1) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, all co-trustees, and the trustee or trustees, if any, designated pursuant to the terms of the trust to succeed the resigning trustee; or (2) with the approval of the court. b. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property. c. Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation. L.2015, c.276, s.1.
N.J. Stat. § 3B:2-7 — NJ Code / Title 3B / Chapter 2 / Section 2-7
Issuance of subpoenas by surrogate.
Status: in_force

3B:2-7. A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogate's court. L.1981, c.405, s.3B:2-7, eff. May 1, 1982; amended 2004, c.132, s.6.
N.J. Stat. § 3B:31-33 — NJ Code / Title 3B / Chapter 31 / Section 31-33
Modification to achieve settlor's tax objectives.
Status: in_force

3B:31-33. Modification to Achieve Settlor's Tax Objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intent. The court may provide that the modification has retroactive effect. L.2015, c.276, s.1.
N.J. Stat. § 3B:22-14 — NJ Code / Title 3B / Chapter 22 / Section 22-14
Direction of court before paying claims not presented within 9-month period.
Status: in_force

3B:22-14. Direction of court before paying claims not presented within 9-month period. A personal representative may not be compelled to pay any claim not presented within the period limited pursuant to N.J.S. 3B:22-4, unless the court shall, for good cause shown, so direct or until his account has been settled by the court and the court has authorized or directed him to make the payment. Amended 2005, c.160, s.16.
N.J. Stat. § 3B:18-31 — NJ Code / Title 3B / Chapter 18 / Section 18-31
Authorization in testator's will as to commissions exceeding legal rates
Status: in_force

No commissions in excess of those authorized in this article shall be paid to a fiduciary acting as a trustee under a will unless the testator, in his last will acknowledges that he is aware of the commissions specified in this article and expressly authorizes payment of commissions in excess thereof. The absence of an express authorization to pay excess commissions shall not preclude the court from allowing commissions as provided in N.J.S. 3B:18-29. L.1981, c. 405, s. 3B:18-31, eff. May 1, 1982.
N.J. Stat. § 3B:12-46 — NJ Code / Title 3B / Chapter 12 / Section 12-46
Persons for whose benefit expenditures may be made by guardian of ward's estate.
Status: in_force

3B:12-46. Persons for whose benefit expenditures may be made by guardian of ward's estate. The guardian of the estate of a minor or incapacitated person may expend funds of the ward's estate under N.J.S.3B:12-43 for the support of persons legally dependent on the ward and others who are members of the ward's household who are unable to support themselves, and who are in need of support. Amended 2005, c.304, s.33.
N.J. Stat. § 3B:11-30 — NJ Code / Title 3B / Chapter 11 / Section 11-30
Qualification of indigent persons
Status: in_force

The board may accept gifts and use surplus trust funds for the purpose of qualifying as beneficiaries any indigent person whose family members lack the resources to make a full contribution on that person's behalf. The extent and character of the services and selection of beneficiaries are at the discretion of the board. The board may not use surplus trust funds to make any charitable contribution on behalf of any beneficiary or any group or class of beneficiaries. The board may accept gifts to meet start-up costs, reduce the charges to the trust for the cost of administration, and for any other purpose that is consistent with this act. Gifts made to the trust for an unspecified purpose shall be used by the board either to qualify indigent persons whose families lack the means to qualify them as beneficiaries of the trust or to meet any start-up costs that the trust incurs. L. 1985, c. 424, s. 12.
N.J. Stat. § 3B:20-30 — NJ Code / Title 3B / Chapter 20 / Section 20-30
Records of securities deposited
Status: in_force

The records of the fiduciary and the records of a banking institution acting as custodian, as managing agent or as custodian for a fiduciary, shall at all times show the name of the party for whose account the securities are deposited. L.1981, c. 405, s. 3B:20-30, eff. May 1, 1982.
N.J. Stat. § 3B:17-3 — NJ Code / Title 3B / Chapter 17 / Section 17-3
Accounts of guardians and trustees
Status: in_force

A guardian or trustee shall settle his account in the Superior Court at intervals as the court may require. A guardian or trustee may settle his first account within 1 year after his appointment or as soon thereafter as may be practicable. L.1981, c. 405, s. 3B:17-3, eff. May 1, 1982.
N.J. Stat. § 3B:22-30 — NJ Code / Title 3B / Chapter 22 / Section 22-30
Distribution by State Treasurer; proof of claim required of claimants
Status: in_force

After payment to the State Treasurer, no distribution of the surplus shall be made to any heir or other person interested in the property from the sale of which the surplus so paid over to the State Treasurer arose, unless the heir or other person shall have secured a judgment under the "Uniform Declaratory Judgments Act" (Article 9 of chapter 16 of Title 2A, of the New Jersey Statutes) establishing his right thereto. Upon receipt of a certified copy of the judgment, the State Treasurer shall distribute the surplus to the person or persons entitled thereto according to their respective interests. Payment shall be made by the State Treasurer upon proof by the person as to his identity and right to payment under the judgment. L.1981, c. 405, s. 3B:22-30, eff. May 1, 1982.
N.J. Stat. § 3B:12B-3 — NJ Code / Title 3B / Chapter 12B / Section 12B-3
Definitions.
Status: in_force

3. Definitions. As used in P.L.2012, c.36 (C.3B:12B-1 et al.), unless otherwise defined: a. "Adult" means a person at least 18 years of age. b. "Conservatee" means, as used in this State, a person who has not been adjudicated incapacitated but who by reason of advanced age, illness, or physical infirmity, is unable to care for or manage his property or has become unable to provide for himself or others dependent upon him for support. c. "Conservator" means a person appointed by the court to administer the property of an adult who has not been adjudicated incapacitated, including a person appointed, as appropriate, under N.J.S.3B:13A-1 et seq. d. "Court of this State" means the Superior Court of New Jersey. e. "Guardian" means a person appointed by the court to make decisions regarding the person or estate of an incapacitated adult, including a person who has qualified as a guardian of the person or estate, or both, of an incapacitated person pursuant to court appointment in accordance with N.J.S.3B:12-1 et seq. or its equivalent in a state other than New Jersey. f. "Guardianship order" means an order declaring a person incapacitated and appointing a guardian. g. "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued to declare a person incapacitated and to appoint a guardian. h. "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for the appointment of a guardian or a protective order; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. i. "Incapacitated person" means an adult declared incapacitated and for whom a guardian has been appointed. j. "Party" means the respondent, petitioner or plaintiff, as applicable, guardian, conservator or conservatee, or any other person authorized by the court to participate in a guardianship or protective proceeding. k. "Petition" means an initiating court document for proceedings under P.L.2012, c.36 (C.3B:12B-1 et al.). In New Jersey, a petition shall mean a verified complaint filed with the Superior Court pursuant to the Rules of Court of the State of New Jersey. l. "Protected person" means an adult for whom a protective order has been issued. m. "Protective order" means: (1) An order related to an adult who has been declared incapacitated by a court or for whom such a declaration is sought, including, but not limited to, an arrangement or order related to management of the incapacitated person's property, which is issued pursuant to N.J.S.3B:12-1 and N.J.S.3B:12-2; or (2) An order appointing a conservator, including, but not limited to, an order which is issued pursuant to N.J.S.3B:13A-1 et seq.; or (3) An order to protect a "vulnerable adult" as that term is defined in section 2 of P.L.1993, c.249 (C.52:27D-407), including, but not limited to, an order which is issued pursuant to the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.); or (4) An order or arrangement, pursuant to N.J.S.3B:12-1, for a person for whom a declaration of incapacity is not sought. The term "protective order," as used in P.L.2012, c.36 (C.3B:12B-1 et al.), shall not be construed to conflict with the provisions of N.J.S.3B:12-1 through N.J.S.3B:12-4. n. "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. o. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. p. "Registration" means a filing in this State of a guardianship or conservatorship order of another state, pursuant to the Rules of Court of the State of New Jersey and in accordance with the provisions of section 19 of P.L.2012, c.36 (C.3B:12B-19). q. "Respondent" means an adult for whom the appointment of a guardian or the issuance of a protective order is sought. r. "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. s. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. L.2012, c.36, s.3.
N.J. Stat. § 3B:14-63 — NJ Code / Title 3B / Chapter 14 / Section 14-63
Directions of court when abandonment ordered
Status: in_force

If the fiduciary is ordered to abandon real property: a. The court may direct the fiduciary to refrain from (1) Paying any arrearages of real property taxes and assessments and those thereafter assessed, (2) Paying water rents or charges, (3) Paying arrearages in mortgage principal and interest and those thereafter becoming due, (4) Making repairs to or maintaining any improvements upon the real property, (5) Keeping the real property or any improvements thereon insured against fire or other loss and liability or as the court may direct; b. The court may direct that the fiduciary may, if a buyer can be found, convey the real property for a nominal consideration or no consideration so as to avoid liability arising to the fiduciary or to the estate or trust. L.1981, c. 405, s. 3B:14-63, eff. May 1, 1982.
N.J. Stat. § 3B:10-29 — NJ Code / Title 3B / Chapter 10 / Section 10-29
Possession and control of estate
Status: in_force

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto. L.1981, c. 405, s. 3B:10-29, eff. May 1, 1982.
N.J. Stat. § 3B:15-1 — NJ Code / Title 3B / Chapter 15 / Section 15-1
Bonds of fiduciaries; exceptions.
Status: in_force

3B:15-1. The court or surrogate appointing a fiduciary in any of the instances enumerated below shall secure faithful performance of the duties of the office by requiring the fiduciary thereby authorized to act to furnish bond to the Superior Court in a sum and with proper conditions and sureties, having due regard to the value of the estate and the extent of the fiduciary's authority, as the court shall approve: a. When an appointment is made upon failure of the will, or other instrument creating or continuing a fiduciary relationship, to name a fiduciary; b. When a person is appointed in the place of the person named as fiduciary in the will, or other instrument creating or continuing the fiduciary relationship; c. When the office to which the person is appointed is any form of administration, except: (1) administration ad litem which may be granted with or without bond; or (2) administration granted to a surviving spouse where the decedent's entire estate is payable to the surviving spouse; d. When the office to which the person is appointed is any form of guardianship of a minor or a person who is incapacitated, except as otherwise provided in N.J.S.3B:12-16 or N.J.S.3B:12-33 with respect to a guardian appointed by will; e. When letters are granted to a nonresident executor, except in cases where the will provides that no security shall be required of the person named as executor therein; f. When an additional or substituted fiduciary is appointed; g. When an appointment is made under chapter 26 of this title, of a fiduciary for the estate or property, or any part thereof, of an absentee; h. When a fiduciary moves from the State, in which case the court may require the fiduciary to give such security as the court determines; or i. (1) When an appointment is made, regardless of any direction in a last will and testament relieving a personal representative, testamentary guardian, or testamentary trustee or their successors from giving bond, that person shall, before receiving letters or exercising any authority or control over the property, provide bond to secure performance of the person's duties with respect to property to which a person with a developmental disability as defined in section 3 of P.L.1985, c.145 (C.30:6D-25) is, or shall be entitled, if: (a) the testator has identified that a devisee or beneficiary of property of the decedent's estate is a person with a developmental disability; or (b) the person seeking appointment has actual knowledge that a devisee or beneficiary of property of the decedent's estate is a person with a developmental disability. (2) No bond shall be required pursuant to paragraph (1) of this subsection if: (a) the court has appointed another person as guardian of the person or guardian of the estate for the person with a developmental disability; (b) the person seeking the appointment is a family member within the third degree of consanguinity of the person with a developmental disability; or (c) the total value of the real and personal assets of the estate or trust does not exceed $25,000. (3) A personal representative, testamentary guardian, or testamentary trustee who is required to provide bond pursuant to paragraph (1) of this subsection shall file with the Superior Court an initial inventory and a final accounting of the estate in that person's charge containing a true account of all assets of the estate. That person shall file an interim accounting every five years, or a lesser period of time if so ordered by the Superior Court, in the case of an extended estate or trust administration. (4) A personal representative, testamentary guardian, or testamentary trustee who is required to provide bond pursuant to paragraph (1) of this subsection may make application to the court to waive the bond or reduce the amount of bond for good cause shown, including the need to preserve assets of the estate. This subsection shall not apply to qualified financial institutions pursuant to section 30 of P.L.1948, c.67 (C.17:9A-30) or to non-profit community trusts organized pursuant to P.L.1985, c.424 (C.3B:11-19 et seq.). Nothing contained in this section shall be construed to require a bond in any case where it is specifically provided by law that a bond need not be required. amended 1985, c.34; 2009, c.140, s.1; 2010, c.34, s.3; 2013, c.103, s.46.
N.J. Stat. § 3B:16-5 — NJ Code / Title 3B / Chapter 16 / Section 16-5
Exemption for benefit of decedent's family
Status: in_force

The wearing apparel of any person who shall die leaving a family residing in this State, and his personal property to the value of $5,000.00, shall be reserved to and for the use of his family against all creditors, and before any distribution or other disposition thereof. This section and N.J.S. 3B:16-3 and N.J.S. 3B:16-7 of this title shall not be permitted to conflict with the will of the decedent. Every person residing in this State at the time of his death and leaving surviving him a widow or child who shall reside in his family at his death, shall be deemed to have left a family entitled to the benefits of this section. L.1981, c. 405, s. 3B:16-5, eff. May 1, 1982.
N.J. Stat. § 3B:12-25 — NJ Code / Title 3B / Chapter 12 / Section 12-25
Appointment of guardian.
Status: in_force

3B:12-25. Appointment of guardian. The Superior Court may determine the incapacity of an alleged incapacitated person and appoint a guardian for the person, guardian for the estate or a guardian for the person and estate. Letters of guardianship shall be granted to the spouse or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), if the spouse is living with the incapacitated person as man and wife or as a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) at the time the incapacitation arose, or to the incapacitated person's heirs, or friends, or thereafter first consideration shall be given to the Office of the Public Guardian for Elderly Adults in the case of adults within the statutory mandate of the office, or if none of them will accept the letters or it is proven to the court that no appointment from among them will be to the best interest of the incapacitated person or the estate, then to any other proper person as will accept the same, and if applicable, in accordance with the professional guardianship requirements of P.L.2005, c.370 (C.52:27G-32 et al.). Consideration may be given to surrogate decision-makers, if any, chosen by the incapacitated person before the person became incapacitated by way of a durable power of attorney pursuant to section 4 of P.L.2000, c.109 (C.46:2B-8.4), health care proxy or advance directive. The Office of the Public Guardian for Elderly Adults shall have the authority to not accept guardianship in cases determined by the public guardian to be inappropriate or in conflict with the office. Amended 2005, c.304, s.13; 2005, c.370, s.13.
N.J. Stat. § 3B:3-7 — NJ Code / Title 3B / Chapter 3 / Section 3-7
Who may witness a will.
Status: in_force

3B:3-7. Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof. L.1981, c.405, s.3B:3-7, eff. May 1, 1982; amended 2004, c.132, s.13.
N.J. Stat. § 3B:14-60 — NJ Code / Title 3B / Chapter 14 / Section 14-60
Cases not provided for in article
Status: in_force

In any case not provided for in this article, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, commercial transactions and banking, shall continue to apply. L.1981, c. 405, s. 3B:14-60, eff. May 1, 1982.