reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.7 - Disclosure of content of electronic communications of deceased user.

3B:14-61.7 Disclosure of content of electronic communications of deceased user.
7. Disclosure of Content of Electronic Communications of Deceased User.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
a. a written request for disclosure in physical or electronic form;
b. a copy of the death certificate of the user;
c. a certificate evidencing the appointment of the representative or a small-estate affidavit;
d. unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
e. if requested by the custodian, any of the following:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user; or
(3) a finding by the court of any of the following:
(a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection;
(b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. s.2701 et seq., Unlawful Access to Stored Communications; 47 U.S.C. s.222, Privacy of
Customer Information; or other applicable law;
(c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
L.2017, c.237, s.7.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.8 - Disclosure of other digital assets of deceased user.

3B:14-61.8 Disclosure of other digital assets of deceased user.
8. Disclosure of Other Digital Assets of Deceased User.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
a. a written request for disclosure in physical or electronic form;
b. a copy of the death certificate of the user;
c. a certificate evidencing the appointment of the representative or a small-estate affidavit; and
d. if requested by the custodian, any of the following:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user;
(3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4) a finding by the court of either of the following:
(a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; or
(b) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
L.2017, c.237, s.8.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.9 - Disclosure of content of electronic communications of principal.

3B:14-61.9 Disclosure of content of electronic communications of principal.
9. Disclosure of Content of Electronic Communications of Principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
a. a written request for disclosure in physical or electronic form;
b. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
d. if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
L.2017, c.237, s.9.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.10 - Disclosure of other digital assets of principal.

3B:14-61.10 Disclosure of other digital assets of principal.
10. Disclosure of Other Digital Assets of Principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
a. a written request for disclosure in physical or electronic form;
b. an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
d. if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
L.2017, c.237, s.10.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.11 - Disclosure of digital assets held in trust when trustee is original user.

3B:14-61.11 Disclosure of digital assets held in trust when trustee is original user.
11. Disclosure of Digital Assets Held in Trust When Trustee is Original User.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
L.2017, c.237, s.11.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.12 - Disclosure of contents of electronic communications held in trust when trustee not original user.

3B:14-61.12 Disclosure of contents of electronic communications held in trust when trustee not original user.
12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
a. a written request for disclosure in physical or electronic form;
b. a certified copy of the trust instrument or a certification of the trust under N.J.S.3B:31-81 that includes consent to disclosure of the content of electronic communications to the trustee;
c. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
d. if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2) evidence linking the account to the trust.
L.2017, c.237, s.12.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.13 - Disclosure of other digital assets held in trust when trustee not original user.

3B:14-61.13 Disclosure of other digital assets held in trust when trustee not original user.
13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
a. a written request for disclosure in physical or electronic form;
b. a certified copy of the trust instrument or a certification of the trust under N.J.S.3B:31-81;
c. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
d. if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2) evidence linking the account to the trust.
L.2017, c.237, s.13.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.14 - Disclosure of digital assets to guardian of incapacitated person.

3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person.
14. Disclosure of Digital Assets to Guardian of Incapacitated Person.
a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an incapacitated person.
b. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the incapacitated person and any digital assets, other than the content of electronic communications, in which the incapacitated person has a right or interest if the guardian gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the court order that gives the guardian authority over the digital assets of the incapacitated person; and
(3) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the incapacitated person; or
(b) evidence linking the account to the incapacitated person.
c. A guardian with general authority to manage the assets of an incapacitated person may request a custodian of the digital assets of the incapacitated person to suspend or terminate an account of the incapacitated person for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the incapacitated person's property.
L.2017, c.237, s.14.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.15 - Fiduciary and designated recipient duty and authority.

3B:14-61.15 Fiduciary and designated recipient duty and authority.
15. Fiduciary and Designated Recipient Duty and Authority.
a. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
b. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) except as otherwise provided in section 4 of this act, is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
c. A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
d. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.
e. A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.
f. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
g. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a copy of the death certificate of the user;
(2) a copy of the letters testamentary or letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) evidence linking the account to the user; or
(c) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (a) of this paragraph.
L.2017, c.237, s.15.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.16 - Custodian compliance and immunity.

3B:14-61.16 Custodian compliance and immunity.
16. Custodian Compliance and Immunity.
a. Not later than 60 days after receipt of the information required under sections 7 through 15 of this act, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
b. An order under subsection a. of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. s.2702.
c. A custodian may notify the user that a request for disclosure or to terminate an account was made under this act.
d. A custodian may deny a request under this act from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
e. This act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this act to obtain a court order which:
(1) specifies that an account belongs to the incapacitated person or principal;
(2) specifies that there is sufficient consent from the incapacitated person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this act.
f. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this act.
L.2017, c.237, s.16.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.17 - Uniformity of application and construction.

3B:14-61.17 Uniformity of application and construction.
17. Uniformity of Application and Construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L.2017, c.237, s.17.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-61.18 - Relation to electronic signatures in global and national commerce act.

3B:14-61.18 Relation to electronic signatures in global and national commerce act.
18. Relation to Electronic Signatures in Global and National Commerce Act.
This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. s.7001(c), or authorize electronic delivery of any of the notices described in s.103(b) of that act, 15 U.S.C. s.7003(b).
L.2017, c.237, s.18.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-62 - Abandonment of real property may be authorized

3B:14-62. Abandonment of real property may be authorized
A fiduciary of or any person interested in an estate or a trust may apply to the court for a judgment or order directing the fiduciary to abandon any improved or unimproved real property that is an asset of the estate or trust and, which because of liens, encumbrances, the absence or lack of revenue, or for other reasons, does not have a value worth protecting, and that it is for the best interests of persons having an interest in the estate or trust that the real property be abandoned.
L.1981, c. 405, s. 3B:14-62, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-63 - Directions of court when abandonment ordered

3B:14-63. Directions of court when abandonment ordered
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-64 - Order approving abandonment of real property by fiduciary and authorizing conveyance of title

3B:14-64. Order approving abandonment of real property by fiduciary and authorizing conveyance of title
Where it appears that a fiduciary in good faith and in the exercise of a reasonable discretion has abandoned real property by refraining from paying real property taxes, assessments, water rents or charges, mortgage principal and interest, making repairs or improvements to the property, and that because of the liens, encumbrances, the absence or lack of revenues or other reasons the real property did not have a value worth protecting and that it was advisable for the best interests of those interested in the estate or trust to abandon the real property, or that as a result of an abandonment, the fiduciary has been divested of title to or right of possession of the real property by foreclosure of a mortgage or the enforcement of any other lien or encumbrance, the court may ratify and approve the abandonment of the real property upon terms and conditions as it may deem proper. If the fiduciary still has title to the real property, the court may authorize the fiduciary to convey all right, title and interest therein for a nominal consideration or no consideration in order to avoid liability which might arise by reason of continued ownership of the property.
L.1981, c. 405, s. 3B:14-64, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:14-65 - Public liability after abandonment but before being divested of title

3B:14-65. Public liability after abandonment but before being divested of title
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-2 - Bonds not to be approved unless prescribed conditions are included

3B:15-2. Bonds not to be approved unless prescribed conditions are included
When specific conditions as to a particular bond are prescribed by law, the bond shall not be approved unless the prescribed conditions are included therein, and where by law security is authorized to be given other than by sureties on the bond, compliance with the law shall be deemed compliance with this section.
L.1981, c. 405, s. 3B:15-2, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-3 - Bond where will requires bond and fails to name obligee; prosecution

3B:15-3. Bond where will requires bond and fails to name obligee; prosecution
When a will nominating an executor or devising or bequeathing property to a trustee by its terms requires the executor or trustee to give bond but is silent as to who shall be the obligee in the bond, the Superior Court of this State may be made the obligee therein and the bond shall be approved as to amount and sureties by, and filed with, the surrogate of the county wherein the will was probated, unless the will was probated before the Superior Court, in which case the bond shall, after approval, be filed with the clerk thereof.
If forfeited, the bond may be prosecuted and the money recovered thereon be applied, all as in the case of other bonds of fiduciaries given to the Superior Court.
L.1981, c. 405, s. 3B:15-3, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-4 - Bond when property unsafe or in danger of waste

3B:15-4. Bond when property unsafe or in danger of waste
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-5 - Conditions of bond on grant of intestate administration

3B:15-5. Conditions of bond on grant of intestate administration
The bond of an administrator of the estate of a person dying intestate shall be conditioned substantially as follows:
a. If required by the court or if an exemption is to be set off as required in chapter 16 of this title, to make a true and perfect inventory of the real and personal property of the decedent which has or shall come to his hands, possession or knowledge or into the hands of any other person for him, and to cause an appraisal to be made of the real and personal property and to file the inventory and appraisal in the office of the clerk of the Superior Court or of the surrogate of the proper county, as the case may be, within the time so required;
b. To faithfully discharge all of the duties imposed upon him according to law;
c. To make a just and true account of his administration of the estate and, if required by court, to settle his account therein within the time so required;
d. To deliver and pay to the distributees entitled thereto by law the surplus property of the decedent as may remain pursuant to the account; and
e. To deliver his letters of administration to the proper court, when required so to do, if a will of the decedent is found and exhibited to it and by it admitted to probate.
L.1981, c. 405, s. 3B:15-5, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-6 - Conditions of bonds on certain grants of administration

3B:15-6. Conditions of bonds on certain grants of administration
In the case of the grant of letters of administration durante minori aetate, durante absentia, pendente lite, cum testamento annexo and other grants of administration, the conditions of the fiduciary's bond shall be substantially as provided in N.J.S. 3B:15-5 with changes as shall be appropriate in view of the nature of the respective grants.
L.1981, c. 405, s. 3B:15-6, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-7 - Bond required of guardian of minor or person who is incapacitated.

3B:15-7 Bond required of guardian of minor or person who is incapacitated.
3B:15-7. The bond required of a guardian of a minor or a person who is incapacitated shall be conditioned substantially as follows:
a. To administer the ward's estate to the best of the guardian's ability, and to take proper care of the ward if the guardian is the guardian of the ward's person;
b. To make a just and true account of the administration of the guardianship, and, if required by the court, to settle the accounts therein within the time so required.
amended 2013, c.103, s.47.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-8 - Allowance of expense of procuring surety bond of fiduciary, receiver or assignee

3B:15-8. Allowance of expense of procuring surety bond of fiduciary, receiver or assignee
A fiduciary, receiver or assignee for the benefit of creditors required by law or order of court to give a bond, may include as a part of the lawful expense of executing his trust a reasonable sum, not exceeding, however, 1% per annum on the amount of the bond, paid a company authorized under the laws of this State so to do, for becoming his surety on the bond, as may be allowed by the court.
L.1981, c. 405, s. 3B:15-8, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-9 - Additional surety when original sureties and bond insufficient

3B:15-9. Additional surety when original sureties and bond insufficient
If it appears that the security given by a fiduciary at the time of his appointment was insufficient or has become insufficient or the sureties appear to be in failing circumstances or insufficient for the security of the estate, the court may order the fiduciary to give other or further security to the Superior Court, by bond in the usual form, and other sureties as the court, after hearing persons interested, including creditors, shall approve.
L.1981, c. 405, s. 3B:15-9, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-10 - When fiduciary required to account and give separate security to surety

3B:15-10. When fiduciary required to account and give separate security to surety
When the surety on the bond of a fiduciary discovers that the fiduciary is wasting or mismanaging the estate, so that the surety may become liable to loss or damage, the court may, in an action by the surety, and upon sufficient reason therefor, require the fiduciary to render an account of the performance of his office to the surety. If it shall appear that the fiduciary has embezzled, wasted, misapplied, mismanaged or insufficiently secured the estate, the court shall direct the fiduciary to give separate security to the surety for the true payment of the balance in his hands to be paid according to the trust.
L.1981, c. 405, s. 3B:15-10, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-11 - When deposit permitted

3B:15-11. When deposit permitted
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-12 - Bond after deposit

3B:15-12. Bond after deposit
After deposit has been made pursuant to N.J.S. 3B:15-11, the court may fix the amount of the bond with respect to the value of the remainder only of the estate or fund, or in case all of the estate or fund is so deposited, then in an amount as the court shall determine to be sufficient under the circumstances.
L.1981, c. 405, s. 3B:15-12, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-13 - How deposits made and withdrawn

3B:15-13. How deposits made and withdrawn
Deposits authorized under N.J.S. 3B:15-11 shall be made in the name of the fiduciary and shall be withdrawn from the custody of the depository only upon the direction of the court which authorized the deposit and no part of the principal of securities so deposited shall be received or collected by the fiduciary without a like direction.
L.1981, c. 405, s. 3B:15-13, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-14 - Additional bond upon withdrawals

3B:15-14. Additional bond upon withdrawals
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-15 - Depository to issue duplicate deposit certificates

3B:15-15. Depository to issue duplicate deposit certificates
A depository receiving a deposit pursuant to N.J.S. 3B:15-11 shall issue a certificate in duplicate and deliver one certificate to the clerk of the court authorizing the deposit and the other to the fiduciary. The certificates shall set forth the amount and nature of the securities, or amount of money, deposited.
L.1981, c. 405, s. 3B:15-15, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-16 - Deposit and investment.

3B:15-16 Deposit and investment.
3B:15-16. Deposit and investment.
Where the estate of a minor for whom a guardian has been or is to be appointed by a surrogate, consists of or is likely to consist of the proceeds of a judgment recovered in favor of the minor in any court of this State, the court, on application of the guardian or a person entitled to be appointed as guardian, by its order may dispense with the giving of a bond by the guardian where the order directs that the moneys be paid into the Superior Court for the benefit of the minor and that the moneys, or any part thereof, shall be deposited to the credit of the court in an interest-bearing account in, or in interest-bearing certificates of deposit of, a responsible bank, savings bank or trust company, or in an account in, or in interest-bearing certificates of deposit of, any savings and loan association of this State or any other state, or any federal savings and loan association within the United States, the accounts of which are insured by the Federal Deposit Insurance Corporation, designated by the court.
Amended 2001, c.287.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-17 - Investment by surrogate

3B:15-17. Investment by surrogate
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-17.1 - Payment at age 18.

3B:15-17.1 Payment at age 18.
1. Where the estate of a minor consists of the proceeds of a judgment recovered in favor of the minor in any court of this State and the funds recovered are placed under the control of the county surrogate, the funds shall be paid over to the person when the person reaches the age of 18 years, unless the court finds the person to be incapacitated.
L.1987, c.28, s.1; amended 2013, c.103, s.48.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-18 - Discharge of surety from liability for future acts of fiduciary, receiver or assignee

3B:15-18. Discharge of surety from liability for future acts of fiduciary, receiver or assignee
The court shall discharge a surety on the bond of a fiduciary, receiver or assignee for the benefit of creditors from liability for all his acts and omissions occurring after the granting of the discharge, if he accounts and files a new bond duly approved or, in default of an accounting and the filing of the bond, if the trust property shall be found or made good and paid over or properly secured.
L.1981, c. 405, s. 3B:15-18, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-19 - Discharge of surety for fiduciary or assignee after final account

3B:15-19. Discharge of surety for fiduciary or assignee after final account
At any time 3 months after the entry of a final judgment of distribution made after the allowance of the final account of a fiduciary or assignee for the benefit of creditors, the court shall, in an action by any person interested, and upon proof to the satisfaction of the court that the entire estate has been distributed according to law, and that no appeal from the judgment of distribution is pending, discharge the sureties of the principal from any and every liability by reason of having become sureties.
L.1981, c. 405, s. 3B:15-19, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-20 - Effect of discharge of surety

3B:15-20. Effect of discharge of surety
After discharge of a surety pursuant to this article, all his liability by virtue of his undertaking shall cease, but the personal liability of the principal in the bond shall remain.
L.1981, c. 405, s. 3B:15-20, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-21 - Reduction of fiduciary's bond; discharge of original sureties

3B:15-21. Reduction of fiduciary's bond; discharge of original sureties
When it shall appear upon the allowance of a fiduciary's intermediate account that the fiduciary's bond is in a greater sum than is necessary for the proper protection of property and assets of the estate remaining in his hands, the court may, in an action for that purpose, allow the fiduciary to give a new bond in a lesser sum as the court may deem sufficient.
When the new bond, with conditions and sureties duly approved, is filed, the court by its order may discharge the sureties upon the original bond from all liability thereunder after the date of the order.
L.1981, c. 405, s. 3B:15-21, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-22 - Discharge of fiduciary from liability on bond without surety

3B:15-22. Discharge of fiduciary from liability on bond without surety
Whenever a fiduciary which is a bank, trust company, savings bank or national bank, has heretofore given or hereafter gives a bond without surety and it shall appear to the satisfaction of the court, that the person entitled to take the assets of the estate or trust administered by the fiduciary has received the estate or trust, and has by release or other instrument released the fiduciary from liability, the court, with notice or without notice if it be so directed, may cancel the bond given by the fiduciary and discharge it from all liability on the bond.
L.1981, c. 405, s. 3B:15-22, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-23 - Proof of order to limit creditors required in certain cases.

3B:15-23 Proof of order to limit creditors required in certain cases.
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-24 - Prosecution of fiduciaries' bonds

3B:15-24. Prosecution of fiduciaries' bonds
Except as otherwise provided by law, when the bond of a fiduciary given to a court or to a judicial officer or clerk of a court, for the faithful performance, by him, of the duties of his office as fiduciary, is forfeited, the bond may, without leave of court, be prosecuted in any court of record by, and at the expense of, an aggrieved party and in the name of the State at the relation of the aggrieved party.
L.1981, c. 405, s. 3B:15-24, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-25 - Court in which to bring proceedings to assess damages, to satisfy judgment or to discontinue action

3B:15-25. Court in which to bring proceedings to assess damages, to satisfy judgment or to discontinue action
The moneys found due on the fiduciary's bond shall be applied toward making good the damage sustained by reason of the nonperformance of the conditions of the bond. Proceedings for that purpose, proceedings under N.J.S. 3B:15-26 to N.J.S. 3B:15-29 for the satisfaction of the judgment on the bond, and proceedings under N.J.S. 3B:15-30 and N.J.S. 3B:15-31 for the discontinuance of the action on the bond shall be taken in the Superior Court.
L.1981, c. 405, s. 3B:15-25, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-26 - Proceedings to satisfy judgment on bond; notice to claimants

3B:15-26. Proceedings to satisfy judgment on bond; notice to claimants
If any bond given by a fiduciary is forfeited and prosecuted to judgment in any court of record, and it is made to appear to the Superior Court, by a complaint filed by any surety against whom judgment has been rendered upon the bond, that the damages sustained by the nonperformance of the condition of the bond, together with costs of action and execution fees thereon, have been fully satisfied so far as the surety shall have been able to ascertain the damages, the court may make an order directing the surety to give public notice to all persons aggrieved by the forfeiture of the bond, to bring in their debts, demands and claims against the estate in charge of the fiduciary, under oath within 3 months from the date of the order. The notice shall be advertised, commencing within 20 days of the date of the order, for 6 weeks successively, once in each week, in one or more of the newspapers of this State, as may be directed in the order. Further notice shall also be given if the court deems it necessary.
L.1981, c. 405, s. 3B:15-26, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-27 - Presentation of claims

3B:15-27. Presentation of claims
Debts, claims and demands ordered to be brought in, pursuant to this article, shall be presented by the respective claimants in writing, verified by oath, setting forth the amount and particulars thereof, or they shall be of no effect.
L.1981, c. 405, s. 3B:15-27, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-28 - Exceptions; trial

3B:15-28. Exceptions; trial
The surety may except to any claim, debt or demand, and thereupon the same shall be tried as the court may direct, and the court may disallow and reject it if it is not established.
L.1981, c. 405, s. 3B:15-28, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-29 - Satisfaction of judgment

3B:15-29. Satisfaction of judgment
After expiration of the time limited in the order the court may order satisfaction of the judgment to be entered pursuant to law upon proof to its satisfaction that notice has been advertised as directed and that no claims, debts or demands have been presented or that all claims, debts or demands presented and allowed have been fully paid and satisfied by the surety.
L.1981, c. 405, s. 3B:15-29, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-30 - Application to have action on bond discontinued

3B:15-30. Application to have action on bond discontinued
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-31 - Discontinuance of action on bond

3B:15-31. Discontinuance of action on bond
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-32 - Unsatisfied claims

3B:15-32. Unsatisfied claims
If the claim of any person aggrieved by the forfeiture of the bond shall remain unsatisfied after the discontinuance of the action, the person may reprosecute the bond, in the same manner as if the action had not been instituted on the bond.
L.1981, c. 405, s. 3B:15-32, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:15-33 - Bonds not invalidated because of abolition of certain offices or courts

3B:15-33. Bonds not invalidated because of abolition of certain offices or courts
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:16-1 - General requisites

3B:16-1. General requisites
An inventory shall not be received nor admitted to be proved which is not full and specific in its details.
L.1981, c. 405, s. 3B:16-1, eff. May 1, 1982.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:16-2 - Inventory and appraisal to be made and filed

3B:16-2. Inventory and appraisal to be made and filed
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.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:16-3 - Appointment of appraisers

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