reglab/housing_qa huggingface dataset:
NJ Rev Stat § 3B:10-13 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-13 - Duty to apply in this State for original letters of administration

3B:10-13. Duty to apply in this State for original letters of administration  When an intestate is resident in any county of New Jersey at his death, it shall be the duty of the heir or any other person desiring original letters of administration upon his estate to make application therefor to the surrogate of that county or to the Superior Court of this State. Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersey, shall give information thereof to the Superior Court. The court may direct the clerk of the court to issue and have served subpenas or an order to show cause requiring the appearance before it, at a specified time, of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court. L.1981, c. 405, s. 3B:10-13, eff. May 1, 1982.
NJ Rev Stat § 3B:10-14 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-14 - Appointment of debtor as executor; debt not discharged

3B:10-14. Appointment of debtor as executor; debt not discharged  The appointment of a debtor as executor shall not, unless otherwise expressed in the will, be construed to discharge the executor from payment of the debt, but the debt shall be considered an asset in the hands of the executor and shall be accounted for in the same manner as any other part of the decedent's estate. L.1981, c. 405, s. 3B:10-14, eff. May 1, 1982.
NJ Rev Stat § 3B:10-15 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-15 - Appointment of substituted administrators

3B:10-15. Appointment of substituted administrators  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.
NJ Rev Stat § 3B:10-16 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-16 - Decedent's will to be observed

3B:10-16. Decedent's will to be observed  Where administration is granted with the will annexed, the will of the decedent therein expressed shall be observed and performed. L.1981, c. 405, s. 3B:10-16, eff. May 1, 1982.
NJ Rev Stat § 3B:10-17 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-17 - Manner in which appointment shall be made

3B:10-17. Manner in which appointment shall be made  The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by the surrogate's court or the Superior Court in the manner and upon the conditions prescribed for granting letters of administration to the first administrators in other cases. L.1981, c. 405, s. 3B:10-17, eff. May 1, 1982.
NJ Rev Stat § 3B:10-18 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-18 - When appointment unnecessary

3B:10-18. When appointment unnecessary  The appointment of a substituted administrator shall not be required if the unadministered assets of the intestate or testator consist of money on deposit in a bank, trust company or savings and loan association not exceeding $1,000.00, in which event it shall be lawful for the Superior Court, in an action brought by any party in interest, to authorize the bank, trust company or savings and loan association to distribute to the persons entitled by law to receive the assets. Payments made pursuant to the authority of this section shall release the bank, trust company or savings and loan association from any claim of, or liability to, any person interested in the estate. L.1981, c. 405, s. 3B:10-18, eff. May 1, 1982.
NJ Rev Stat § 3B:10-19 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-19 - Commencement of duties and powers of a personal representative

3B:10-19. Commencement of duties and powers of a personal representative  The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. L.1981, c. 405, s. 3B:10-19, eff. May 1, 1982.
NJ Rev Stat § 3B:10-20 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-20 - Ratification of prior acts

3B:10-20. Ratification of prior acts  A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. L.1981, c. 405, s. 3B:10-20, eff. May 1, 1982.
NJ Rev Stat § 3B:10-21.1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-21.1 - Appointment of person to control funeral, disposition of remains.

3B:10-21.1 Appointment of person to control funeral, disposition of remains.  40. Prior to probate, a decedent's appointment of a person in a will to control the funeral and disposition of human remains may be carried out in accordance with section 22 of P.L.2003, c.261 (C.45:27-22). If known to them, a person named executor in a will shall notify such a person of their appointment and advise them of what financial means are available to carry out the funeral and disposition arrangements. L.2003,c.261,s.40.
NJ Rev Stat § 3B:10-22 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-22 - Priority among letters

3B:10-22. Priority among letters  A person to whom general letters of appointment are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters of appointment are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. L.1981, c. 405, s. 3B:10-22, eff. May 1, 1982.
NJ Rev Stat § 3B:10-23 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-23 - Duty of personal representative to settle and distribute estate

3B:10-23. Duty of personal representative to settle and distribute estate  A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by law, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate. L.1981, c. 405, s. 3B:10-23, eff. May 1, 1982.
NJ Rev Stat § 3B:10-24 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-24 - Liability for acts of administration or distribution

3B:10-24. Liability for acts of administration or distribution  A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending proceeding to probate a will or to determine heirs, a proceeding to vacate an order entered in an earlier proceeding to probate a will, a formal proceeding questioning his appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants and others interested in the estate. L.1981, c. 405, s. 3B:10-24, eff. May 1, 1982.
NJ Rev Stat § 3B:10-25 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-25 - Standing to sue and be sued

3B:10-25. Standing to sue and be sued  Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as his decedent had immediately prior to death. L.1981, c. 405, s. 3B:10-25, eff. May 1, 1982.
NJ Rev Stat § 3B:10-26 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-26 - Standards of care to be observed

3B:10-26. Standards of care to be observed  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.
NJ Rev Stat § 3B:10-27 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-27 - Right to possession of property transferred in fraud of creditors

3B:10-27. Right to possession of property transferred in fraud of creditors  The right to possession of property transferred in fraud of creditors recovered for the benefit of creditors is exclusively in the personal representative. L.1981, c. 405, s. 3B:10-27, eff. May 1, 1982.
NJ Rev Stat § 3B:10-28 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-28 - Expeditious settlement and distribution

3B:10-28. Expeditious settlement and distribution  A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and do so without adjudication, order, or direction of a court, but he may invoke the jurisdiction of a court, in proceedings authorized by law to resolve questions concerning the estate or its administration. L.1981, c. 405, s. 3B:10-28, eff. May 1, 1982.
NJ Rev Stat § 3B:10-29 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-29 - Possession and control of estate

3B:10-29. Possession and control of estate  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.
NJ Rev Stat § 3B:10-30 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-30 - Power over title to property

3B:10-30. Power over title to property  Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. L.1981, c. 405, s. 3B:10-30, eff. May 1, 1982.
NJ Rev Stat § 3B:10-31 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-31 - Powers and duties of successor representative

3B:10-31. Powers and duties of successor representative  A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will. L.1981, c. 405, s. 3B:10-31, eff. May 1, 1982.
NJ Rev Stat § 3B:10-32 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:10-32 - Powers of surviving copersonal representative

3B:10-32. Powers of surviving copersonal representative  Unless the terms of the will otherwise provide, every power exercisable by copersonal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office. L.1981, c. 405, s. 3B:10-32, eff. May 1, 1982.
NJ Rev Stat § 3B:11-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-1 - Creator's reserved interest in trust alienable subject to creditors' claims.

3B:11-1 Creator's reserved interest in trust alienable subject to creditors' claims.  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.
NJ Rev Stat § 3B:11-2 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-2 - Letters of trusteeship under a will

3B:11-2. Letters of trusteeship under a will  A testamentary trustee or substituted testamentary trustee, before exercising the authority vested in him by virtue of any will admitted to probate by the Superior Court, or any surrogate's court of this State, shall obtain letters of trusteeship from that court. L.1981, c. 405, s. 3B:11-2, eff. May 1, 1982.
NJ Rev Stat § 3B:11-3 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-3 - Trustees construed to be joint tenants

3B:11-3. Trustees construed to be joint tenants  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.
NJ Rev Stat § 3B:11-4 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-4 - Effect to be given consent by holders of general powers of appointment upon beneficiaries

3B:11-4. Effect to be given consent by holders of general powers of appointment upon beneficiaries  For the purpose of granting consent or approval with regard to the acts or accounts of a fiduciary or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent that the interests of the beneficiaries as objects, takers in default, or otherwise are subject to the power. As used in this section, a presently exercisable general power of appointment is one which enables the power holder to presently draw absolute ownership to himself. L.1981, c. 405, s. 3B:11-4, eff. May 1, 1982.
NJ Rev Stat § 3B:11-8 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-8 - Short title

3B:11-8. Short title  This article shall be known and may be cited as the "Charitable Trust Law of 1971." L.1981, c. 405, s. 3B:11-8, eff. May 1, 1982.
NJ Rev Stat § 3B:11-9 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-9 - Definitions

3B:11-9. Definitions  As used in this article: a. "Code" means the Internal Revenue Code of 1954 as amended; b. "Private foundation trust" means a charitable trust which is a private foundation described in section 509(a) of the code, including each nonexempt charitable trust described in section 4947(a)(1) of the code which is treated as a private foundation; c. "Split-interest trust" means a nonexempt split-interest trust described in section 4947(a)(2) of the code, but only to the extent that section 508(e) of the code is applicable to the nonexempt split-interest trust under section 4947(a)(2) of the code; d. "Trust instrument" means a will, deed, agreement, court order, or other instrument pursuant to which money or other property is entrusted to a fiduciary, and also means the certificate of incorporation of a nonprofit corporation administering a charitable foundation trust; e. "Trustee" means every fiduciary administering a trust instrument, and includes a corporation which is a private charitable foundation administering a private foundation trust; f. "Trust" means private foundation trusts and split-interest trusts. L.1981, c. 405, s. 3B:11-9, eff. May 1, 1982.
NJ Rev Stat § 3B:11-10 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-10 - Provision included in trust instruments governing nonprofit corporations administering private foundation trusts

3B:11-10. Provision included in trust instruments governing nonprofit corporations administering private foundation trusts  Notwithstanding any provision to the contrary contained in any law of this State or in any trust instrument, and except as otherwise provided in N.J.S. 3B:11-12, each trust instrument governing a nonprofit corporation administering a private foundation trust shall, by virtue of this article, and without any further act by any person or persons, be deemed to include the following: "This corporation shall make distributions at times and in a manner as not to subject it to tax under section 4942 of the Internal Revenue Code of 1954 as amended, and shall not engage in any act of self-dealing as defined in section 4941 of the code, and shall not retain any excess business holdings as defined in section 4943 of the code, and shall not make any investments as defined in section 4944 of the code, and shall not make any taxable expenditure which would subject it to tax under section 4945 of the code." L.1981, c. 405, s. 3B:11-10, eff. May 1, 1982.
NJ Rev Stat § 3B:11-11 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-11 - Provision included in trust instruments governing split-interest trusts or private foundation trusts

3B:11-11. Provision included in trust instruments governing split-interest trusts or private foundation trusts  Notwithstanding any provision to the contrary contained in any law of this State or in any trust instrument, and except as otherwise provided in N.J.S. 3B:11-12, each trust instrument governing a split-interest trust or a private foundation trust other than one as described in N.J.S. 3B:11-10, shall, by virtue of this article and without any further act by any person or persons, be deemed to include the following: "Distributions of this trust shall be made at times and in a manner as not to subject the trust to tax under section 4942 of the Internal Revenue Code of 1954, as amended, and shall not engage in any act of self-dealing as defined in section 4941 of the code, and shall not retain any excess business holdings as defined in section 4943 of the code, and shall not make any investment as defined in section 4944 of the code, and shall not make any taxable expenditure which would subject it to tax under section 4945 of the code." L.1981, c. 405, s. 3B:11-11, eff. May 1, 1982.
NJ Rev Stat § 3B:11-12 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:11-12 - Execution of instrument stating certain provisions not applicable to trust; filing

3B:11-12. Execution of instrument stating certain provisions not applicable to trust; filing  The trustee or trustees of any trust may, without judicial proceedings, execute an instrument stating that the provisions of N.J.S. 3B:11-10 or N.J.S. 3B:11-11, as the case may be, shall not be applicable to the trust, and upon filing a copy thereof in the office of the Secretary of State of this State, the provisions of N.J.S. 3B:11-10 or N.J.S. 3B:11-11, as the case may be, shall not apply to the trust. L.1981, c. 405, s. 3B:11-12, eff. May 1, 1982.