reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:64-13 - Notification to enforcement agency.

2C:64-13 Notification to enforcement agency.
4. The Attorney General shall electronically notify any law enforcement agency which has not submitted to the county prosecutor information pertaining to each seizure and forfeiture of funds or property pursuant to section 2 of P.L.2019, c.304 (C.2C:64-11) by the 15th day following the day the county prosecutor submits the quarterly report to the Attorney General. The agency shall have 15 days from notification within which to submit the information. A law enforcement agency that does not comply within 15 days shall automatically disgorge the property that has been seized or forfeited and any proceeds resulting from forfeited property obtained by the agency during the quarter of noncompliance and return the property or proceeds to the original owner.
L.2019, c.304, s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:65-1 - Procedure to be followed by law enforcement agencies when stolen property is taken into custody

2C:65-1. Procedure to be followed by law enforcement agencies when stolen property is taken into custody
When any article of property alleged to be stolen comes into the custody of a law enforcement agency, that agency shall enter in a suitable book a description of that article and shall attach a number to each article, and make a corresponding entry thereof. The agency shall also make and retain a complete photographic record of the property. The photographic record, upon proper authentication, may be introduced as evidence in any court in lieu of the property.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:65-2 - Release of stolen property prior to final determination of proceeding

2C:65-2. Release of stolen property prior to final determination of proceeding
a. A law enforcement agency, upon satisfactory proof of ownership of property held pursuant to this section, and upon presentation of proper personal identification, may release the property to the person presenting such proof pursuant to the provisions of subsection b. The release shall be without prejudice to the State or to the person from whom custody of the property was taken or to any person who may have a claim against the property. Any such delivery shall be noted in the book required by 2C:65-1. The person to whom the property is delivered shall sign a sworn declaration of ownership which shall be retained by the agency.
b. Nothing in this section shall prohibit a law enforcement agency from immediately returning property to its rightful owner where the agency is satisfied that there is no colorable dispute as to ownership; provided, however, that where the law enforcement agency has reason to believe that there is a dispute concerning ownership of property, or if the person from whom custody of the property was taken shall claim ownership, or if any other person shall claim ownership, the property shall not be released to any person claiming it until a hearing has been held pursuant to subsection c.
c. The court having jurisdiction over the case in which the stolen property is involved, upon application by the person from whom possession was taken, or the person claiming ownership, shall review the matter and order the property to be delivered to the person claiming ownership, or to be retained by the law enforcement agency upon a finding that the person claiming ownership of the property is not entitled thereto.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 51, eff. Sept. 24, 1981.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:65-3 - Disposition of stolen property after final determination of proceeding

2C:65-3. Disposition of stolen property after final determination of proceeding
a. After final determination of any action or proceeding, the court, on application of the person claiming ownership, or an agent designated in writing by the person, may order all property, other than documentary exhibits, to be delivered to the person.
b. After the expiration of 6 months from the final determination of the action, if the person entitled to the property is unknown, or fails to apply, the court in which the case was tried, upon application of the law enforcement agency in possession of the property, shall make an order specifying what property may be released from the custody of the agency without prejudice to the State. Upon receipt of the order, the clerk of the court shall transfer the property for disposal at public sale to the State, county or municipality, whichever was the prosecuting authority. The property shall not be transferred where it consists of money or currency, but it shall be deposited immediately in the general fund of either the State, county or municipality.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:65-4 - Disposition of documentary exhibits

2C:65-4. Disposition of documentary exhibits
No exhibit shall be destroyed or otherwise disposed of until 60 days after the clerk of the court has posted a notice conspicuously in three places in the county, referring to the order for the disposition, describing briefly the exhibit, and indicating the date after which the exhibit will be destroyed or otherwise disposed of.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-1 - Attachment of deposited funds of suspected terrorists or their supporters

2C:66-1. Attachment of deposited funds of suspected terrorists or their supporters
1. Attachment of deposited funds.
a. As used in this act:
"Financial institution" means a state or federally chartered bank, savings bank or savings and loan association or any other financial services company or provider, including, but not limited to, broker-dealers, investment companies, money market and mutual funds, credit unions and insurers.
b. Upon application by the Attorney General, a court may issue an attachment order directing a financial institution to freeze some or all of the funds or assets deposited with or held by the financial institution by or on behalf of an account holder when there exists a reasonable suspicion that the account holder has committed or is about to commit the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).
L.2003,c.22,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-2 - Application by Attorney General

2C:66-2. Application by Attorney General
2. Application. The application of the Attorney General required by this act shall contain:
a. a statement of the approximate financial loss caused by the account holder in the commission of the crime of terrorism in violation of section 2 of P.L.2002, c 26 (C.2C:38-2) or soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5);
b. a statement of facts relied upon by the Attorney General, including the details of the particular offense that is about to be committed or that has been committed; and
c. identification of the account holder's name and financial institution account number.
L.2003,c.22,s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-3 - Issuance of an order

2C:66-3. Issuance of an order
3. Issuance of an order. If the court finds that:
a. there exists a reasonable suspicion that the account holder has committed or is about to commit the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or the crime of soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5);
b. the accounts of the account holder are specifically identified; and
c. it is necessary to freeze the account holder's funds or assets to ensure eventual restitution to victims of the alleged offense,
the court may order the financial institution to freeze all or part of the account holder's deposited funds or assets so that the funds or assets may not be withdrawn or disposed of until further order of the court.
As part of the consideration of an application in which there is no corroborative evidence offered, the judge shall inquire in camera as to the identity of any informants or any other additional information concerning the basis upon which the Attorney General has applied for the attachment order which the judge finds relevant in order to determine if there exists a reasonable suspicion pursuant to this act.
L.2003,c.22,s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-4 - Duty of financial institutions

2C:66-4. Duty of financial institutions
4. Duty of financial institutions. Upon receipt of the order authorized by this act, a financial institution shall not permit any funds or assets that were frozen by the order to be withdrawn or disposed of until further order of the court.
L.2003,c.22,s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-5 - Release of funds

2C:66-5. Release of funds
5. Release of funds. a. The account holder may, upon notice and motion, have a hearing to contest the freezing of funds or assets and to seek the release of all or part of them.
b. The account holder is entitled to an order releasing all or part of the funds or assets by showing:
(1) that the account holder has posted a bond or other adequate surety, guaranteeing that, upon conviction, adequate funds or assets will be available to pay complete restitution to victims of the alleged offense;
(2) that there does not exist a reasonable suspicion that the account holder has committed or is about to commit the alleged offense;
(3) that the amount of funds or assets frozen is more than is necessary to pay complete restitution to all victims of the alleged offense; or
(4) that the funds or assets should be returned in the interests of justice.
c. It is not grounds for the release of funds or assets that the particular accounts frozen do not contain funds or assets that were proceeds from or used in the commission of the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).
L.2003,c.22,s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-6 - Disposition of funds

2C:66-6. Disposition of funds
6. Disposition of funds.
a. The court may order the financial institution to remit all or part of the frozen funds or assets to the court.
b. If the account holder is acquitted or the charges are dismissed with prejudice, the court shall issue an order releasing the freeze on the funds or assets.
c. If the account holder is not acquitted or the charges are not dismissed, the frozen funds or assets shall become the property of the State and shall be used to provide restitution to victims of terrorism, to fund State law enforcement anti-terrorism programs and activities and for other law enforcement purposes.
L.2003,c.22,s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-7 - Time limit

2C:66-7. Time limit
7. Time limit. The freeze permitted by this act expires 24 months after the date of the court's initial attachment order unless the time limit is extended by the court in writing upon a showing of good cause by the Attorney General.
L.2003,c.22,s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-8 - Notice

2C:66-8. Notice
8. Notice. Within ten days after a court issues an attachment order under this act, the Attorney General shall send a copy of the order to the account holder's last known address or to the account holder's attorney, if known.
L.2003,c.22,s.8.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-9 - Rights and remedies of financial institution

2C:66-9. Rights and remedies of financial institution
9. Rights and remedies of financial institution. A financial institution that is directed to block, freeze or encumber an account pursuant to this act shall be entitled during the period that the account is blocked, frozen or encumbered to exercise any right or remedy with respect to the account as provided by law, or in the deposit agreement and rules or regulations of the financial institution applicable to the account. The provision of this act shall not be construed to preclude a financial institution from exercising its right of set-off or to charge back or recoup a deposit to an account.
L.2003,c.22,s.9.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-10 - No liability for freezing funds

2C:66-10 No liability for freezing funds
10. No liability for freezing funds. Notwithstanding any other law to the contrary, a financial institution shall not be liable to any person for blocking, freezing, encumbering or refusing to release any funds or assets held by the financial institution in response to an order issued by a court, or for any other action taken by the financial institution in good faith to comply with the requirements of this act. A financial institution shall not be required to give notice to an account holder or customer that the financial institution has taken any action pursuant to this act and shall not be liable for failure to provide the notice.
L.2003,c.22,s.10.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:66-11 - Construction of act

2C:66-11. Construction of act
11. Nothing contained in this act shall be construed to abrogate or affect the status, force or operation of the forfeiture provisions of the "New Jersey Code of Criminal Justice," N.J.S.2C:64-1 et seq., or any other provision of law.
L.2003,c.22,s.11.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:98-1 - Construction

2C:98-1. Construction
The provisions of R.S. 1:1-8 and R.S. 1:1-11 to 1:1-21, both inclusive, shall be applicable to the enactment and operation of said Title 2C. The enactment of this law shall not, due to the repeal set forth in section 2C:98-2:
a. Be deemed to revive any common law right or remedy abolished by any sections, acts or parts of acts repealed thereby; or
b. Affect any right now vested in any person pursuant to the provisions of those sections, acts or parts of acts, nor any remedy where an action or proceeding thereunder has heretofore been instituted and is pending on the effective date of said repeal.
L.1978, c. 95, s. 2C:98-1, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-1 - Definitions

2C:104-1. Definitions
2C:104-1 Definitions.
a. A material witness is a person who has information material to the prosecution or defense of a crime.
b. A material witness order is a court order fixing conditions necessary to secure the appearance of a person who is unlikely to respond to a subpoena and who has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime or a criminal investigation before a grand jury.
Source: New.
L.1994,c.126,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-2 - Application for material witness order

2C:104-2. Application for material witness order
2C:104-2 Application for material witness order.
a. The Attorney General, county prosecutor or defendant in a criminal action may apply to a judge of the Superior Court for an order compelling a person to appear at a material witness hearing, if there is probable cause to believe that: (1) the person has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime or a criminal investigation before a grand jury and (2) the person is unlikely to respond to a subpoena. The application may be accompanied by an application for an arrest warrant when there is probable cause to believe that the person will not appear at the material witness hearing unless arrested.
b. The application shall include a copy of any pending indictment, complaint or accusation and an affidavit containing: (1) the name and address of the person alleged to be a material witness, (2) a summary of the facts believed to be known by the alleged material witness and the relevance to the criminal action or investigation, (3) a summary of the facts supporting the belief that the person possesses information material to the pending criminal action or investigation, and (4) a summary of the facts supporting the claim that the alleged material witness is unlikely to respond to a subpoena.
c. If the application requests an arrest warrant, the affidavit shall set forth why immediate arrest is necessary.
Source: 2A:162-2.
L.1994,c.126,s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-3 - Order to appear

2C:104-3. Order to appear
2C:104-3 Order to appear.
a. If there is probable cause to believe that a material witness order may issue against the person named in the application, the judge may order the person to appear at a hearing to determine whether the person should be adjudged a material witness.
b. The order and a copy of the application shall be served personally upon the alleged material witness at least 48 hours before the hearing, unless the judge adjusts the time period for good cause, and shall advise the person of:
(1) the time and place of the hearing; and
(2) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one.
Source: New.
L.1994,c.126,s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-4 - Arrest with warrant

2C:104-4. Arrest with warrant
2C:104-4 Arrest With Warrant.
a. If there is clear and convincing evidence that the person named in the application will not be available as a witness unless immediately arrested, the judge may issue an arrest warrant. The arrest warrant shall require that the person be brought before the court immediately after arrest. If the arrest does not take place during regular court hours, the person shall be brought to the emergency-duty Superior Court judge.
b. The judge shall inform the person of:
(1) the reason for arrest;
(2) the time and place of the hearing to determine whether the person is a material witness; and
(3) the right to an attorney and to have an attorney appointed if the person cannot afford one.
c. The judge shall set conditions for release, or if there is clear and convincing evidence that the person will not be available as a witness unless confined, the judge may order the person confined until the material witness hearing which shall take place within 48 hours of the arrest.
Source: 2A:162-2.
L.1994,c.126,s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-5 - Arrest without warrant

2C:104-5. Arrest without warrant
2C:104-5 Arrest Without Warrant.
a. A law enforcement officer may arrest an alleged material witness without a warrant only if the arrest occurs prior to the filing of an indictment, accusation or complaint for a crime or the initiation of a criminal investigation before a grand jury, and if the officer has probable cause to believe that:
(1) a crime has been committed;
(2) the alleged material witness has information material to the prosecution of that crime;
(3) the alleged material witness will refuse to cooperate with the officer in the investigation of that crime; and
(4) the delay necessary to obtain an arrest warrant or order to appear would result in the unavailability of the alleged material witness.
b. Following the warrantless arrest of an alleged material witness, the law enforcement officer shall bring the person immediately before a judge. If court is not in session, the officer shall immediately bring the person before the emergency-duty Superior Court judge. The judge shall determine whether there is probable cause to believe that the person is a material witness of a crime and, if an indictment, accusation or complaint for that crime has not issued or if a grand jury has not commenced a criminal investigation of that crime, the judge shall determine whether there is probable cause to believe that, within 48 hours of the arrest, an indictment, accusation or complaint will issue or a grand jury investigation will commence. The judge then shall proceed as if an application for a warrant has been made under N.J.S.2C:104-4.
Source: New.
L.1994,c.126,s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-6 - Material witness hearing

2C:104-6. Material witness hearing
2C:104-6 Material witness hearing.
a. At the material witness hearing, the following rights shall be afforded to the person:
(1) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one;
(2) the right to be heard and to present witnesses and evidence;
(3) the right to have all of the evidence considered by the court in support of the application; and
(4) the right to confront and cross-examine witnesses.
b. If the judge finds that there is probable cause to believe that the person is unlikely to respond to a subpoena and has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime, or a criminal investigation before a grand jury, the judge shall determine that the person is a material witness and may set the conditions of release of the material witness.
c. If the judge finds by clear and convincing evidence that confinement is the only method that will secure the appearance of the material witness, the judge may order the confinement of the material witness.
d. The judge shall set forth the facts and reasons in support of the material witness order on the record.
Source: 2A:162-2.
L.1994,c.126,s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-7 - Conditions of release; confinement

2C:104-7. Conditions of release; confinement
2C:104-7 Conditions of release; confinement.
a. A confined person shall not be held in jail or prison, but shall be lodged in comfortable quarters and served ordinary food.
b. The conditions of release for a material witness or for a person held on an application for a material witness order shall be the least restrictive to effectuate the appearance of the material witness. A judge may:
(1) place the witness in the custody of a designated person or organization agreeing to supervise the person;
(2) restrict the travel of the person;
(3) require the person to report;
(4) set bail; or
(5) impose other reasonable restrictions on the material witness.
c. A person confined shall be paid $40.00 per day, and when the interests of justice require, the judge may order additional payment not exceeding the actual financial loss resulting from the confinement. The party obtaining the material witness order bears the cost of confinement and payment unless the party is indigent.
Source: 2A:162-3, 2A:162-4.
L.1994,c.126,s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-8 - Deposition

2C:104-8. Deposition
2C:104-8 Deposition.
A material witness may apply to the Superior Court for an order directing that a deposition be taken to preserve the witness's testimony. After the deposition is taken, the judge shall vacate the terms of confinement contained in the material witness order and impose the least restrictive conditions to secure the appearance of the material witness.
Source: New.
L.1994,c.126,s.8.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:104-9 - Orders appealable

2C:104-9. Orders appealable
Orders appealable.
A material witness order shall constitute a final order for purposes of appeal, but, on motion of the material witness, may be reconsidered at any time by the court which entered the order.
Source: New.
L.1994,c.126,s.9.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:2A-41 - Meaning of child and related terms

3A:2A-41. Meaning of child and related terms
If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person,
a. The relationships and rights of an adopted minor child shall be those as provided by section 14 of P.L.1977, c. 367 (C. 9:3-50), and the relationships and rights of an adopted adult shall be as provided in N.J.S. 2A:22-3.
b. In cases not covered by subsection a., a person
is the child of its natural parents regardless of their marital status. The parent and child relationship may be established by proof that parentage has been adjudicated under prior law, under the laws governing probate, by an order of a court in another state or pursuant to the "New Jersey Parentage Act," P.L.1983, c.17 (C.9:17-38 et seq.).
L.1977, c. 412, s. 44, eff. Sept. 1, 1978. Amended by L.1979, c. 221, s. 2, eff. Oct. 11, 1979; L.1983, c. 10, s. 1.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:2A-84 - Repeals

3A:2A-84. Repeals
N.J.S. 3A:1-1, 3A:3-1 through 3A:3-3, 3A:3-6 through 3A:3-11, 3A:3-13, 3A:3-14, 3A:3-22, 3A:4-1 through 3A:4-7, 3A:4-9 through 3A:4-11, 3A:12-7 through 3A:12-9, 3A:13-1, 3A:24-2, 3A:25-1 and 3A:25-8 are hereby repealed.
L.1977, c. 412, s. 90.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:16-16 - Sale free from dower or curtesy; order of court; deed to purchaser

3A:16-16. Sale free from dower or curtesy; order of court; deed to purchaser
In proceedings in any court for the sale of real estate by a fiduciary when a person is entitled to a right or estate of dower or curtesy in the premises, or any part or share thereof, the court may, having regard to the interests of all persons concerned, determine whether such right or estate shall be excepted from the sale of the premises or sold therewith, and enter its judgment or order accordingly.
If the sale of the premises including such right or estate is ordered, the estate and interest of every such person shall pass thereby, and the purchaser, his heirs and assigns shall hold the premises free and discharged from all claims by virtue thereof.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:16-17 - Compensation to dower or curtesy holder by lump sum or investment

3A:16-17. Compensation to dower or curtesy holder by lump sum or investment
When a right or estate of dower or curtesy is sold pursuant to section 3A:16-16 of this title, the court shall direct payment of such sum in gross out of the proceeds of the sale of the real estate to the person entitled to such right or estate, as shall be deemed a just and reasonable satisfaction therefor, and which the person so entitled shall consent in writing to accept in lieu thereof. If no such consent is given, the court shall ascertain and determine what proportion of the proceeds will be a just and reasonable sum to be invested for the benefit of the person entitled to such right or estate, and shall direct that such sum be invested under direction and control of the court for the benefit of the parties entitled, and that the income thereon be paid to them as it becomes due as a compensation for, and in lieu of the right or estate of dower or curtesy, and that at the death of the person entitled to the income the principal sum be paid to or distributed among the parties entitled thereto.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-12 - Distribution; when and how made.

3A:25-12 Distribution; when and how made.
3A:25-12. When a portion of the proceeds of real estate sold by judgment of the Superior Court to satisfy debts of a decedent is invested for the benefit of the surviving spouse or domestic partner during his or her lifetime, the court directing the sale, shall, upon the death of the life beneficiary, order the portion so invested to be distributed to the heirs or devisees of the person whose real estate was so sold in accordance with the law of descent or the will of the testator, as the case may be, unless the amount realized from the sale of said real estate remaining after the investment of said portion for the benefit of the surviving spouse was insufficient to pay the debts of the decedent as proved and allowed in the proceedings in which said judgment to sell was made and, in such case, the court shall direct the payment of the balance of such debts out of said principal sum so invested, so far as it shall be adequate for that purpose, in pro rata shares according to the amount of such debts so proved and allowed and shall direct distribution of any balance of said principal sum, remaining after the payment of said debts and interest, among the said heirs and devisees as aforesaid. However, that if any creditor, his personal representative or successor in interest, neglects for six years after the death of such surviving spouse to claim any balance upon his claim so proved and allowed as aforesaid, the share of said principal sum which would have been paid to such creditor hereunder, shall be distributed, by order of the court, among the said heirs and devisees as aforesaid.
L.1951, c.345; saved from repeal N.J.S. 3B:28-6; amended 1991, c.91, s.148; 2005, c.331, s.27.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-39 - Definitions.

3A:25-39 Definitions.
1. As used in this act:
a. A "present interest" is one to take effect in immediate possession, use or enjoyment without the intervention of a preceding estate or interest or without being dependent upon the happening of any event or thing.
b. A "future interest" is one to take effect in possession, use or enjoyment dependent upon the termination of an intervening estate or interest or the happening of any event or thing.
c. An "heir" means a person, including the surviving spouse or domestic partner, entitled under the statutes of intestate succession to the property of a decedent.
d. A "devisee" means any person designated in a will to receive a devise, but does not mean a trustee or trust designated in a will to receive a devise.
e. A "devise," when used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will.
L.1979,c.484,s.1; amended 2005,c.331, s.28.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-40 - Devisee, beneficiary or appointee under testamentary instrument, or heir; whole or fractional share

3A:25-40. Devisee, beneficiary or appointee under testamentary instrument, or heir; whole or fractional share
Any person who is a devisee or beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument, including a person succeeding to a disclaimed interest, or an heir may disclaim in whole or in part the right of succession to any property or interest therein, including a future interest, by filing a disclaimer under this act. A disclaimer may be of a fractional share, expressed as either a percentage or dollar amount, or any limited interest or estate.
L.1979, c. 484, s. 2 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-41 - Instrument; formalities; contents

3A:25-41. Instrument; formalities; contents
The instrument disclaiming shall be in writing, signed and acknowledged by the person disclaiming, and shall (1) describe the property or interest disclaimed, and if real property, the municipality and county wherein the real property is situated (2) declare the disclaimer and extent thereof.
L.1979, c. 484, s. 3 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-42 - Disclaimer on behalf of decedent, minor or incapacitated person by personal representative or guardian.

3A:25-42 Disclaimer on behalf of decedent, minor or incapacitated person by personal representative or guardian.
4. A disclaimer on behalf of a decedent, minor, or incapacitated person may be made by the personal representative of the decedent or the guardian of the estate of the minor or incapacitated person. Such disclaimer shall not be effective unless, prior thereto, the personal representative or guardian has been authorized to disclaim by the court having jurisdiction of the estate of the decedent, minor, or incapacitated person, after finding that it is advisable and will not materially prejudice the rights of creditors, devisees, heirs, or beneficiaries of the decedent, the minor, or incapacitated person or his creditors, as the case may be.
L.1979, c.484, s.4; amended 2013, c.103, s.20.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-43 - Time of filing of instrument

3A:25-43. Time of filing of instrument
a. The instrument disclaiming a present interest shall be filed not later than 9 months after the death of the decedent or of the donee of the power.
b. The instrument disclaiming a future interest shall be filed not later than 9 months after the happening of the event which determines the taker's right to possession, use or enjoyment of the property or interest.
c. The time within which a disclaimer shall be filed may be extended by the court for reasonable cause, and on notice to such persons and in such manner as the court may direct.
L.1979, c. 484, s. 5 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-44 - Place of filing; delivery of copy to personal representative, fiduciary of decedent or donee of power or holder of legal title; real estate; recordation; book of "Disclaimers"

3A:25-44. Place of filing; delivery of copy to personal representative, fiduciary of decedent or donee of power or holder of legal title; real estate; recordation; book of "Disclaimers"
a. The disclaimer shall be filed in the office of the surrogate or Superior Court in which proceedings have been commenced or will be commenced for the administration of the estate of the decedent or deceased donee of the power. A copy of such disclaimer shall also be delivered in person or mailed by registered or certified mail to any personal representative, other fiduciary of the decedent or donee of the power or to the holder of the legal title to which the interest relates.
b. If real property or any interest therein is disclaimed, the surrogate or clerk of the superior court, as the case may be, shall forthwith forward a copy of the disclaimer for filing in the office of the clerk or register of deeds and mortgages of the county in which the real property is situated. Each county clerk or register of deeds and mortgages shall provide a book to be entitled "Disclaimers" , so arranged that he may record therein:
(1) The name of the disclaimant;
(2) The name of the decedent or the name of the donee of the power of appointment;
(3) The location of the property;
(4) The file number of the county clerk's office or the office of register of deeds and mortgages indorsed upon each disclaimer filed;
(5) The date of filing the disclaimer.
The county clerk or the register of deeds and mortgages shall maintain in said record an alphabetical index of the names of all disclaimants stated in any disclaimer file, and also keep in his office for public inspection, all disclaimers so filed therein.
L.1979, c. 484, s. 6 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-45 - Devolution of disclaimed property or interest; relation back to date of death

3A:25-45. Devolution of disclaimed property or interest; relation back to date of death
Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power, and (b) as to a future interest as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent or the donee of the power.
L.1979, c. 484, s. 7 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-46 - Bar of right to disclaim.

3A:25-46 Bar of right to disclaim.
8. The right of a person to disclaim property or any interest therein is barred if the property or interest is seized under judicial process issued against the person before the expiration of the period in which he is permitted to disclaim; or if before the expiration of the period in which he is permitted to disclaim, the person (1) accepts or exercises control as beneficial owner over all or any part of such property or interest; or (2) voluntarily transfers or encumbers or contracts to transfer or encumber all or any part of such property or interest; or (3) disclaims or attempts to disclaim all or any part of such property or interest in fraud of his creditors as set forth in the "Uniform Voidable Transactions Act," R.S.25:2-20 et seq.; or (4) executes a written waiver of the right to disclaim.
L.1979, c.484, s.8; amended 2021, c.92, s.18.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-47 - Binding effect

3A:25-47. Binding effect
The disclaimer or the written waiver of the right to disclaim shall be binding upon the disclaimant or person waiving and all persons claiming by, through or under him.
L.1979, c. 484, s. 9.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-48 - Existence of right notwithstanding limitation

3A:25-48. Existence of right notwithstanding limitation
The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
L.1979, c. 484, s. 10 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-49 - Continuance of rights under other statutes

3A:25-49. Continuance of rights under other statutes
This act does not abridge the right of a person to waive, release, disclaim or renounce property or an interest therein under any other statute.
L.1979, c. 484, s. 11 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:25-50 - Interests in property existing on effective date of act

3A:25-50. Interests in property existing on effective date of act
An interest in property existing on the effective date of this act as to which, if a present interest, the time for filing a disclaimer under this act has not expired, or if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within 9 months after the effective date of this act.
L.1979, c. 484, s. 12 eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:35-3 - Trust estates not subject to dower or curtesy

3A:35-3. Trust estates not subject to dower or curtesy
When a deed or will vests title to real estate in a trustee to hold in trust for the benefit of a cestui que trust, and a statement as to the trust appears on the face of the deed or will, the wife or husband of the trustee shall not have a right or estate of dower or curtesy in the trust estate, and the trustee may, by his or her individual deed, convey the same free from any such right or estate.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:35-4 - Quarantine

3A:35-4. Quarantine
Until dower or curtesy is assigned, the widow or widower may remain in, hold and enjoy the mansion house of his or her spouse and the messuage and plantation belonging thereto, without being liable to pay rent therefor.
After assignment of dower or curtesy, the rights confirmed in and granted to the widow or widower by this section shall cease.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:36-1 - Action to recover dower or curtesy; damages

3A:36-1. Action to recover dower or curtesy; damages
A widow or widower entitled to dower or curtesy in any real estate, who cannot have it without instituting an action, or whose right is unfairly assigned, or is not assigned within 40 days after the death of her or his spouse, may recover the same together with damages sustained upon until judgment by reason of the use and enjoyment thereof being unlawfully withheld; but as to real estate whereof her or his spouse was previously seized, but not seized at death, damages shall be recovered only from such time as she or he shall make demand upon the owner for dower or curtesy therein.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:36-2 - Admeasurement.

3A:36-2 Admeasurement.
3A:36-2. A widow or widower entitled to dower or curtesy in real estate whereof her or his spouse died seized, an heir, devisee, or guardian of a minor or incapacitated person entitled to an estate in the real estate, or a purchaser thereof, may institute an action in the Superior Court for the assignment to the widow or widower of her or his dower or curtesy therein.
Amended 1991, c.91, s.149; 1997, c.379, s.1.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:36-3 - Where admeasurement cannot be had without prejudice; sale as in partition

3A:36-3. Where admeasurement cannot be had without prejudice; sale as in partition
3A:36-3. When the Superior Court determines that the real estate, or part thereof, is so circumstanced that dower or curtesy cannot be assigned, admeasured and set off without prejudice to the owners, it may direct a sale thereof as in an action for partition where actual partition cannot be had without prejudice to owners, or in its discretion it may direct an assignment of the dower or curtesy from the rents and profits of the real estate. The court may order the real estate sold free from dower or curtesy, making compensation for the value thereof.
Amended 1991,c.91,s.150.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:36-4 - Admeasurement when real estate is sold subject to dower or curtesy by judgment

3A:36-4. Admeasurement when real estate is sold subject to dower or curtesy by judgment
3A:36-4. If real estate is lawfully sold by a sheriff, assignee in bankruptcy or other public officer, whereby an inchoate right of dower or curtesy does or shall remain, the purchaser shall have the right, in an action in the Superior Court to have one half part thereof, or such other part according to the law in force when the right or estate became vested, admeasured and set off as and for the dower or curtesy portion.
Amended 1991,c.91,s.151.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:36-5 - Effect of admeasurement

3A:36-5. Effect of admeasurement
If the dower or curtesy estate becomes consummate after an admeasurement authorized by section 3A:36-4 of this title, the widow or widower shall have for her or his life the portion so admeasured, and the remaining portion of the real estate shall be held by the purchaser free and clear of all right or estate of dower or curtesy from the time of the judgment of the court so admeasuring, unless the same be set aside or reversed.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:37-1 - Bar by devise; election of widow or widower

3A:37-1. Bar by devise; election of widow or widower
If a husband or wife makes a valid devise of real estate to his or her spouse, for life or otherwise, without expressing whether or not it is intended to be in lieu or bar of dower or curtesy, the surviving spouse shall not be entitled to dower or curtesy in any real estate devised by the will, unless, within 6 months after probate of the will, he or she files with the surrogate of the county wherein he or she resides or wherein the real estate so devised to him or her is situate, a written refusal to receive the same in satisfaction and bar of dower or curtesy in other real estate. By such refusal he or she shall be deemed to have renounced the said devise.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:37-2 - Bar by adultery

3A:37-2. Bar by adultery
If a married person voluntarily leaves his or her spouse and goes away and continues with his or her paramour, such person shall be forever barred from having jointure, dower or curtesy, as the case may be, unless the deserted spouse voluntarily becomes reconciled to and lives with the deserting spouse, in which case jointure, dower or curtesy shall be restored.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:37-5 - Waiver of jointure; effect of demand

3A:37-5. Waiver of jointure; effect of demand
If a jointure is made before an intended wife becomes of age, or during her marriage, the widow may, at her election, waive the jointure and demand and have her dower.
If a jointure shall, through any defect, fail to be a legal bar to dower and the widow, availing herself of such defect, shall demand her dower, the estate or interest so conveyed or assured to such widow shall thereupon cease and determine.
2023 New Jersey Revised Statutes › Title 3A - Administration of Estates--Decedents and Others › Section 3A:37-6 - Eviction from jointure

3A:37-6. Eviction from jointure
If a widow be lawfully expelled or evicted from her jointure, or from any part thereof, without fraud, by lawful entry or action, she shall be endowed of such much of the residue of her husband's real estate whereof she would have been endowed but for the jointure, as shall equal in amount or extent the real estate from which she is so expelled or evicted.
2023 New Jersey Revised Statutes › Title 3B - Administration of Estates--Decedents and Others › Section 3B:1-3 - Devolution of property upon death.

3B:1-3 Devolution of property upon death.
3B:1-3. Upon the death of an individual, his real and personal property devolves to the persons to whom it is devised by his will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to rights of creditors and to administration.
L.1981, c.405, s.3B:1-3, eff. May 1, 1982; amended 2004, c.132, s.3.