reglab/housing_qa huggingface dataset:
NJ Rev Stat § 3B:23-30 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-30 - Bond when the personal representative is holder of a determinable estate

3B:23-30. Bond when the personal representative is holder of a determinable estate  When the personal representative is the holder of a determinable interest referred to in N.J.S. 3B:23-28, he shall, before receiving the personal property into his possession, file a bond with the clerk of the Superior Court or the surrogate of the proper county, as the case may be, unless the will provides that no security shall be required of him. The bond shall be in the amount of money or the value of the property to be received, with two sufficient sureties, conditioned for the faithful conservation of the property. Until the bond is filed, the personal representative may not receive the moneys or property, but the court may appoint some other proper person to receive and administer the money or property as trustee upon giving security for the faithful discharge of his duties as the court may deem proper. L.1981, c. 405, s. 3B:23-30, eff. May 1, 1982.
NJ Rev Stat § 3B:23-31 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-31 - Actions for distributive shares

3B:23-31. Actions for distributive shares  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.
NJ Rev Stat § 3B:23-32 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-32 - Limitations on enforcement of devise

3B:23-32. Limitations on enforcement of devise  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.
NJ Rev Stat § 3B:23-33 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-33 - Action for devise

3B:23-33. Action for devise  A devisee may bring an action in the Superior Court for his devise. L.1981, c. 405, s. 3B:23-33, eff. May 1, 1982.
NJ Rev Stat § 3B:23-34 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-34 - Conditions precedent to suit for devise.

3B:23-34 Conditions precedent to suit for devise.  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.
NJ Rev Stat § 3B:23-35 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-35 - Extent of recovery

3B:23-35. Extent of recovery  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.
NJ Rev Stat § 3B:23-36 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-36 - Plea of want of assets; procedure

3B:23-36. Plea of want of assets; procedure  If want of assets to pay debts and devises is pleaded in the action and if the account of the personal representative has not been settled, the court shall require him to account. Judgment shall be entered and execution shall issue only for the proportion ascertained to be payable to plaintiff, but the judgment shall remain a security for the payment of the residue of the devise and costs out of assets which may thereafter come to the possession of the personal representative. L.1981, c. 405, s. 3B:23-36, eff. May 1, 1982.
NJ Rev Stat § 3B:23-37 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-37 - Apportionment of certain real estate to pay devise

3B:23-37. Apportionment of certain real estate to pay devise  When a devise, payable on a contingency which has not happened, is or may become a charge, at law or in equity, on real estate devised by will, any person in possession of a part of the real estate may bring a summary action in the Superior Court to set apart, as in an action for partition, a portion of the real estate as may be sufficient for payment of the devise when payable. L.1981, c. 405, s. 3B:23-37, eff. May 1, 1982.
NJ Rev Stat § 3B:23-38 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-38 - Effect of apportionment; filing and recording papers

3B:23-38. Effect of apportionment; filing and recording papers  If the court approves the partition, the real estate so set apart shall become charged or chargeable with the contingent devise, and the residue of the real estate shall thereupon be entirely discharged from all lien, charge or liability with respect to the devise. All papers in the action shall be filed and recorded in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county wherein the real estate is situate and shall be plenary evidence of the lien on the real estate so set apart and of the discharge of the residue of the real estate. L.1981, c. 405, s. 3B:23-38, eff. May 1, 1982.
NJ Rev Stat § 3B:23-39 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-39 - Deposit with court; effect.

3B:23-39 Deposit with court; effect.  3B:23-39. When a devise charged by will upon real estate is wholly or in part limited over: a. To minors, persons who are incapacitated, or persons not in esse; or b. To persons who cannot be ascertained until the happening of an event named in the will; or c. In a manner that the vesting of the devise may be contingent-- The Superior Court may, in a summary or other action by the executor, or a person interested in the real estate, direct the devise paid into court together with any additional sums as the court may deem reasonable to cover the expense of investing and taking charge of the devise. Upon payment into court, the real estate shall be wholly clear and discharged from the lien created by the will. amended 2013, c.103, s.53.
NJ Rev Stat § 3B:23-40 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-40 - Payment of interest on moneys deposited

3B:23-40. Payment of interest on moneys deposited  When moneys are ordered to be paid into court pursuant to N.J.S. 3B:23-39, the interest thereof, or any part of the interest as the court may direct, shall be paid to or on behalf of the persons who would for the time being be entitled to the interest in proportion to their respective shares therein, and payments of interest shall be made, yearly or half-yearly or otherwise directly to the persons entitled thereto, unless otherwise directed by the court. L.1981, c. 405, s. 3B:23-40, eff. May 1, 1982.
NJ Rev Stat § 3B:23-41 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-41 - Return of devise pro rata

3B:23-41. Return of devise pro rata  Where there are several devisees and a return of part of a devise shall afterwards appear necessary, each devisee shall only be compelled to return a proportional part of his devise so as to make up the whole sum needed. L.1981, c. 405, s. 3B:23-41, eff. May 1, 1982.
NJ Rev Stat § 3B:23-42 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-42 - Distribution of nonresident decedent's estate

3B:23-42. Distribution of nonresident decedent's estate  The estate of a nonresident decedent being administered by a personal representative appointed in this State shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless: a. By virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this State without reference to the local law of the decedent's domicile; or b. The personal representative of this State, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative. In other cases, distribution of the estate of a decedent shall be made in accordance with the law. L.1981, c. 405, s. 3B:23-42, eff. May 1, 1982.
NJ Rev Stat § 3B:23-43 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:23-43 - Right of retainer

3B:23-43. Right of retainer  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.
NJ Rev Stat § 3B:24-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-1 - Definitions

3B:24-1. Definitions  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.
NJ Rev Stat § 3B:24-2 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-2 - Apportionment of tax among fiduciary and transferees interested in gross tax estate

3B:24-2. Apportionment of tax among fiduciary and transferees interested in gross tax estate  Whenever a fiduciary has paid or may be required to pay an estate tax under any law of the State of New Jersey or of the United States upon or with respect to any property required to be included in the gross tax estate of a decedent under the provisions of any law, hereinafter called "the tax," the amount of the tax, except in a case where a testator otherwise directs in his will, and except to the extent where by any instrument other than a will, hereinafter called a "nontestamentary instrument," a direction is given for apportionment within the fund of taxes assessed upon the specific fund dealt with in the "nontestamentary instrument," shall be apportioned among the fiduciary and each of the transferees interested in the gross tax estate whether residents or nonresidents of the State, in accordance with the rules of apportionment stated in this chapter, and the transferees shall each contribute to the tax the amounts apportioned against them. Nothing in this chapter shall be taken to require an apportionment of an estate tax inter sese among the devisees and beneficiaries under a will or among those who take as the heirs at law of a person dying intestate, or against the interest of any surviving spouse in any real property which was held by the spouse and the decedent as tenants by the entirety. L.1981, c. 405, s. 3B:24-2, eff. May 1, 1982.
NJ Rev Stat § 3B:24-3 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-3 - Apportionment of tax where temporary interest is created

3B:24-3. Apportionment of tax where temporary interest is created  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.
NJ Rev Stat § 3B:24-4 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-4 - Apportionment of tax to transferees in absence of directions to contrary.

3B:24-4 Apportionment of tax to transferees in absence of directions to contrary.  3B:24-4. Apportionment of tax to transferees in absence of directions to contrary.  In the absence of directions to the contrary: a. That part of the tax shall be apportioned to each of the transferees as bears the same ratio to the total tax as the ratio which each of the transferees' property included in the gross tax estate bears to the total property entering into the net estate for purposes of that tax, and the balance of the tax shall be apportioned to the fiduciary, the values as finally determined in the respective tax proceedings being the values to be used as the basis for apportionment of the respective taxes; b. Any deduction allowed under the law imposing the tax by reason of the relationship of any transferee to the decedent or by reason of the charitable purposes of the gift shall inure to the benefit of the fiduciary or transferee, as the case may be, subject nonetheless to the provisions of N.J.S.3B:24-3; c. Any deduction for property previously taxed and any credit for gift taxes paid by the decedent shall inure to the benefit of all transferees and the fiduciary and the tax to be apportioned shall be the tax after allowance of the deduction and credit; and d. Any interest resulting from late payment of the tax shall be apportioned in the same manner as the tax and shall be charged by the fiduciary and any trustee of any inter vivos trust and any other transferee wholly against corpus. Amended 2004, c.132, s.87; 2005, c.160, s.17.
NJ Rev Stat § 3B:24-5 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-5 - Limitation on direction for apportionment or nonapportionment of tax

3B:24-5. Limitation on direction for apportionment or nonapportionment of tax  Any direction as to apportionment or nonapportionment of the tax, whether contained in a will or in a nontestamentary instrument, shall be limited in its operation to the property passing thereunder unless the will or instrument otherwise directs. L.1981, c. 405, s. 3B:24-5, eff. May 1, 1982.
NJ Rev Stat § 3B:24-6 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-6 - Recovery by fiduciary from transferees or others in possession of property included in tax

3B:24-6. Recovery by fiduciary from transferees or others in possession of property included in tax  In all cases in which any property required to be included in the gross tax estate does not come into the possession of the fiduciary, he shall be entitled, and it shall be his duty, to recover from the transferees or from whoever is in possession of the property, the proportionate amounts of the tax and any interest thereon which is or may be payable by the transferees. If the fiduciary cannot recover the amount of the tax and interest thereon apportioned against a transferee, the amount not recoverable shall be dealt with in a manner as the court may determine. Nothing in this chapter shall require a person in possession of property to defer distribution of the property unless and until directed by the court. L.1981, c. 405, s. 3B:24-6, eff. May 1, 1982.
NJ Rev Stat § 3B:24-7 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-7 - Transfer or distribution of property; duties and liabilities of fiduciary

3B:24-7. Transfer or distribution of property; duties and liabilities of fiduciary  A person acting in a fiduciary capacity shall not be required to transfer, pay over or distribute to any person, other than the fiduciary charged with the duty to collect and pay the tax, any fund or property with respect to which the tax is or may be imposed, until the amount of the tax and any interest thereon apportioned or which may be apportioned against the fund or property and which may be due from the persons entitled to the fund or property is paid, or, if the tax has not been determined or apportionment made, until adequate security for the payment is furnished to the person acting in a fiduciary capacity. A fiduciary shall not be under any duty to institute any action under this chapter or to make an apportionment thereunder until after the expiration of 3 months following the final determination of the tax. A fiduciary, who within a reasonable time after the expiration of 3 months following the final determination of the tax shall proceed to carry out the duty imposed upon himself by this chapter, shall not be subject to liability or surcharge in case the amount of the tax or any part thereof apportioned or to be apportioned against any transferee or person in possession of property shall be collectible at any time following the death of the decedent but shall thereafter be or become uncollectible. L.1981, c. 405, s. 3B:24-7, eff. May 1, 1982.
NJ Rev Stat § 3B:24-8 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:24-8 - Jurisdiction of Superior Court

3B:24-8. Jurisdiction of Superior Court  The Superior Court in a summary action or other action, including any action for the settlement of an account of the fiduciary, may apportion the tax and any interest. In the action the court, insofar as it may acquire jurisdiction over the property or person as the case may be, may charge the apportioned amount due by any transferee against the property of the transferee in the possession of the fiduciary or any other person and may direct all transferees, against whom the tax and any interest thereon have been or may be apportioned or from whom any part of the tax and any interest thereon may be recoverable, to make payment of the apportioned amounts to the fiduciary, and, further, may require the fiduciary to collect the charge and payments. If it shall be ascertained in the action that more than the proportionate amount of the tax and interest thereon due from any transferee has been paid by him or on his behalf, the court may direct reimbursement of the overpayment. L.1981, c. 405, s. 3B:24-8, eff. May 1, 1982.
NJ Rev Stat § 3B:25-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:25-1 - Nonexoneration of property subject to mortgage or security interest; exception.

3B:25-1 Nonexoneration of property subject to mortgage or security interest; exception.  3B:25-1. Nonexoneration of property subject to mortgage or security interest; exception. When property subject to a mortgage or security interest descends to an heir or passes to a devisee, the heir or devisee shall not be entitled to have the mortgage or security interest discharged out of any other property of the ancestor or testator, but the property so descending or passing to the person shall be primarily liable for the mortgage or secured debt, unless the will of the testator shall direct that the mortgage or security interest be otherwise paid. A general direction in the will to pay debts shall not be deemed a direction to pay the mortgage or security interest.  Amended 2004, c.132, s.88; 2005, c.160, s.18.
NJ Rev Stat § 3B:26-1 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:26-1 - Definition of absent person

3B:26-1. Definition of absent person  As used in this chapter, an absent person means any person who has disappeared, or been confined or detained by a foreign power. L.1981, c. 405, s. 3B:26-1, eff. May 1, 1982.
NJ Rev Stat § 3B:26-2 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:26-2 - Appointment of trustee for absent person; general duties and powers

3B:26-2. Appointment of trustee for absent person; general duties and powers  If an absent person has property in this State, which property may be wasted or dissipated unless proper management is provided, or where funds are needed for the support, care and welfare of the person or those entitled to be supported by him, and protection is necessary or desirable to obtain or provide funds, the Superior Court may in a summary action appoint one or more trustees to take charge of and manage the property. The trustee shall be under the direction and control of the court and shall have full power over the property and may commence and maintain proceedings for the conservation, protection or disposal of the property, or any part thereof, as the court may deem proper. L.1981, c. 405, s. 3B:26-2, eff. May 1, 1982.
NJ Rev Stat § 3B:26-3 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:26-3 - Distribution or other disposition of property

3B:26-3. Distribution or other disposition of property  Distribution or any other disposition of the property of an absent person may be made under direction of the court when he is presumed dead under N.J.S. 3B:27-1, or sooner if the death of the absent person is established by evidence satisfactory to the court. If the absent person returns or the need for management or protection ceases before distribution or other disposition, the trustee shall restore to him the property, after deduction of the reasonable expenses of the trust and compensation of the trustees. L.1981, c. 405, s. 3B:26-3, eff. May 1, 1982.
NJ Rev Stat § 3B:26-4 (2021)
2021 New Jersey Revised Statutes|Title 3B - Administration of Estates--Decedents and Others|Section 3B:26-4 - Powers, duties and responsibilities of trustee or court

3B:26-4. Powers, duties and responsibilities of trustee or court  The trustee shall have all the powers, duties and responsibilities of a guardian of the estate of a minor, and the court shall have all the powers, for the benefit of any person, which it has for the benefit of a minor for whom a guardian has been appointed. The court shall have the same powers, without appointing a trustee, to authorize, direct or ratify any single or more than one transaction necessary or desirable to achieve any security, service, care or protective arrangement, which it has in the case of a minor for whom no general guardian has been appointed. L.1981, c. 405, s. 3B:26-4, eff. May 1, 1982.