reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-32 - Death, renunciation of custodian

46:38-32. Death, renunciation of custodian
20. Upon the death of a custodian or renunciation of a custodian designee for whom a successor custodian has been designated or provided by law, the certificate of death, a written renunciation or a written recital of the renunciation, as the case may be, shall be full warrant to all persons for immediate transfer of the custodial property to the successor if the minor is then under 21 years of age. The successor shall cause each security which is custodial property and in registered form to be registered, and each account with a broker or in a bank to be carried, in the name of the successor custodian , or a trust company, followed by substantially the following language: "as custodian for ........................ (name of minor) under the New Jersey Uniform Gifts to Minors Act" ; and shall cause each such security and all other custodial property to be delivered to him together with any additional instruments required for the transfer thereof.
L.1963,c.177,s.20; repealed R.S.46:38A-57 (effective July 1, 2007); amended 1997, c.33, s.20.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-33 - Requiring custodian to give bond; removal of custodian; transfer of custodial property

46:38-33. Requiring custodian to give bond; removal of custodian; transfer of custodial property
Upon application of the donor, the legal representative of a donor, an adult member of the minor's family, a guardian of the minor, or the minor if he has attained the age of 14 years, the court for cause shown may (1) require the custodian to give bond for the performance of his duties, or (2) remove the custodian and, if no person designated as successor custodian is then in being, designate a successor custodian, and (3) take such other action as it deems in the best interest of the minor.
If the court orders removal it shall provide for delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.
L.1963, c. 177, s. 21; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-34 - Accounting by custodian

46:38-34. Accounting by custodian
The court may require or permit the custodian or his legal representative to account incident to any proceeding under this act, or in a separate proceeding upon application of the minor if he has attained 14 years of age, the legal representative of the minor, an adult member of the minor's family or a donor or his legal representative. The court shall require an accounting if it removes a custodian.
L.1963, c. 177, s. 22; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-35 - Delivery of notice

46:38-35. Delivery of notice
A delivery of a notice to a person under this act may be effected either (a) by personal delivery to the person, (b) by personal delivery at his residence to a member of his household who has attained 14 years of age, or (c) by registered or certified mail addressed to his residence.
L.1963, c. 177, s. 23; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-36 - Construction of act

46:38-36. Construction of act
(a) This act shall be construed to promote uniformity with similar laws of other States.
(b) The methods for making gifts to minors provided by this act are not exclusive.
L.1963, c. 177, s. 24; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-37 - Model act; application and repeal

46:38-37. Model act; application and repeal
"An act concerning gifts of securities to minors," approved July 14, 1955 (P.L.1955, c. 139), hereinafter called the "Model Act," shall not apply to any gift made to a minor on or after the effective date of this act. The Model Act is repealed effective July 1, 1985.
L.1963, c. 177, s. 25.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-38 - Gifts made under model act

46:38-38. Gifts made under model act
All gifts made before the effective date of this act under the Model Act shall continue to be governed by the Model Act.
L.1963, c. 177, s. 26; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-39 - Gifts authorized or directed to be made under model act

46:38-39. Gifts authorized or directed to be made under model act
All gifts which were, before the effective date of this act, authorized or directed to be made under the Model Act shall, if made, be made under this act.
L.1963, c. 177, s. 27; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38-41 - Provisions severable

46:38-41. Provisions severable
29. If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity.
L.1963,c.177,s.29; repealed R.S. 46:38A-57 (effective July 1, 2007).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-2 - Definitions

46:38A-2. Definitions
As used in this chapter:
a. "Adult" means an individual who has attained the age of 21 years;
b. "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others;
c. "Court" means the Superior Court;
d. "Custodial property" means any interest in property transferred to a custodian under this chapter and the income from and proceeds of that interest in property;
e. "Custodian" means a person so designated under R.S. 46:38A-19 or a successor or substitute custodian designated under R.S. 46:38A-42 through R.S. 46:38A-45;
f. "Financial institution" means a bank, trust company, savings institution, savings and loan association or credit union, chartered and supervised under State or federal law;
g. "Guardian" of a minor means a guardian of his estate or person;
h. "Legal representative" means an individual's personal representative or guardian;
i. "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;
j. "Minor" means an individual who has not attained the age of 21 years;
k. "Person" means an individual, corporation, organization, or other legal entity;
l. "Personal representative" means an executor, administrator, successor personal representative of a decedent's estate or a person legally authorized to perform substantially the same functions but excludes a special administrator;
m. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;
n. "Transfer" means a transaction that creates custodial property under R.S. 46:38A-19;
o. "Transferor" means a person who makes a transfer under this chapter;
p. "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
Source: New.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-3 - Scope of chapter

46:38A-3. Scope of chapter
This chapter applies to a transfer referred to in this chapter in a designation under R.S. 46:38A-19 by which the transfer is made if at the time of the transfer, the transferor, the minor, the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, the custodian or the removal of custodial property from this State.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-5 - Choice of law

46:38A-5. Choice of law
A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this State if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-6 - Revocable nomination of custodian based upon happening of future event

46:38A-6. Revocable nomination of custodian based upon happening of future event
A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ....................... (name of minor) under the New Jersey Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under R.S. 46:38A-19.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-7 - When custodianship becomes effective under revocable nomination of custodian

46:38A-7. When custodianship becomes effective under revocable nomination of custodian
The nomination of a custodian under R.S. 46:38A-6 does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under R.S. 46:38A-19. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to R.S. 46:38A-19.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-8 - Transfer by gift or exercise of power of appointment

46:38A-8. Transfer by gift or exercise of power of appointment
A person may, pursuant to R.S. 46:38A-19, make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-9 - Transfer authorized by will or trust

46:38A-9. Transfer authorized by will or trust
A personal representative or trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to a custodian for the benefit of a minor as authorized in the governing will or trust.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-10 - Transfer under will or trust; transfer to be made to nominated custodian

46:38A-10. Transfer under will or trust; transfer to be made to nominated custodian
If the testator or the settlor of a trust has nominated a custodian under R.S. 46:38A-6 to receive the custodial property, the transfer shall be made to that person.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-11 - Transfer under will or trust; custodian not nominated or dead, etc.

46:38A-11. Transfer under will or trust; custodian not nominated or dead, etc.
If the testator or the settlor under a trust has not nominated a custodian under R.S. 46:38A-6, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under R.S. 46:38A-19.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-12 - Other transfers by personal representative or trustee

46:38A-12. Other transfers by personal representative or trustee
Subject to R.S. 46:38A-14, a personal representative or a trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor, in the absence of a will or under a will or a trust that does not contain an authorization to do so.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-13 - Transfers by a guardian

46:38A-13. Transfers by a guardian
Subject to R.S. 46:38A-14, a guardian of a minor may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-14 - Conditions under which certain transfers may be made by a personal representative, trustee or guardian

46:38A-14. Conditions under which certain transfers may be made by a personal representative, trustee or guardian
A transfer may be made under R.S. 46:38A-12 or R.S. 46:38A-13 only if:
a. The personal representative, trustee or guardian considers the transfer to be in the best interest of the minor;
b. The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, other governing instrument or law; and
c. The transfer is authorized by the court if it exceeds $10,000.00 in value.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-15 - Transfer by obligor

46:38A-15. Transfer by obligor
Subject to R.S. 46:38A-16 and R.S. 46:38A-17, a person not subject to R.S. 46:38A-9 through R.S. 46:38A-11, or R.S. 46:38A-12 through R.S. 46:38A-14, who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to R.S. 46:38A-19.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-16 - Transfer by obligor; custodian nominated

46:38A-16. Transfer by obligor; custodian nominated
If a person having the right to do so under R.S. 46:38A-6 has nominated a custodian under that section to receive custodial property under R.S. 46:38A-15, the transfer shall be made to that person.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-17 - Transfer by obligor; custodian not nominated or dead, etc.

46:38A-17. Transfer by obligor; custodian not nominated or dead, etc.
If a custodian has not been nominated under R.S. 46:38A-6, or all persons so nominated as custodian to receive custodial property under R.S. 46:38A-15 die before the transfer or are unable, decline, or are ineligible to serve, a transfer under R.S. 46:38A-15 may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000.00 in value.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-20 - Form of instrument to make certain transfers

46:38A-20. Form of instrument to make certain transfers
An instrument in the following form satisfies the requirements of paragraph (2) of subsection a. and subsection g. of R.S. 46:38A-19:
"Transfer Under the New Jersey Uniform
Transfers to Minors Act
I, ............................. (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ....................... (name of custodian), as custodian for ........................ (name of minor) under the New Jersey Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).
ated: .............................................................
....................................................................
(Signature)
.......................... (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the New Jersey Uniform Transfers to Minors Act.
Dated: .............................................................
....................................................................
(Signature of Custodian)"
Source: New.
P.L. 1987, c. 18, s.1..
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-22 - Single custodianship

46:38A-22. Single custodianship
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-23 - Validity of transfer

46:38A-23. Validity of transfer
The validity of a transfer made in a manner prescribed in this chapter is not affected by:
a. Failure of the transferor to comply with R.S. 46:38A-22 concerning possession and control;
b. Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under R.S. 46:38A-19; or
c. Death or incapacity of a person nominated under R.S. 46:38A-6 and R.S. 46:38A-7 or designated under R.S. 46:38A-19 as custodian or the disclaimer of the office by that person.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-24 - Transfer deemed irrevocable and vested in minor subject to rights, powers, duties and authority of custodian

46:38A-24. Transfer deemed irrevocable and vested in minor subject to rights, powers, duties and authority of custodian
A transfer made pursuant to R.S. 46:38A-19 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-25 - Transfer incorporates all provisions of chapter

46:38A-25. Transfer incorporates all provisions of chapter
By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-26 - Care of custodial property

46:38A-26. Care of custodial property
A custodian shall:
a. Take control of custodial property;
b. Register or record title to custodial property if appropriate; and
c. Collect, hold, manage, invest, and reinvest custodial property.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-27 - Duty of care owed by custodian

46:38A-27. Duty of care owed by custodian
In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. A custodian may, in the custodian's discretion and without liability to the minor or the minor's estate, retain any custodial property received from a transferor.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-28 - Investment or payment of premiums on life insurance or endowment policies by custodian

46:38A-28. Investment or payment of premiums on life insurance or endowment policies by custodian
A custodian may invest in or pay premiums on life insurance or endowment policies on the life of the minor only if the minor or the minor's estate is the sole beneficiary, or the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the irrevocable beneficiary. Source: New.
P.L. 1987, c. 18, s.1..
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-29 - Custodial property to be kept separate and distinct

46:38A-29. Custodial property to be kept separate and distinct
A custodian shall, at all times, keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............................. (name of minor) under the New Jersey Uniform Transfers to Minors Act."
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-30 - Records to be kept by custodian

46:38A-30. Records to be kept by custodian
A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-31 - Powers of custodian

46:38A-31. Powers of custodian
A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only, and this section does not relieve a custodian from liability for breach of R.S. 46:38A-26 through R.S. 46:38A-30.
A custodian may, in his discretion, terminate the custodianship at any time after the minor has attained the age of 18 years, but the power shall not be exercised by the custodian prior to a termination age fixed by the transferor as provided in subsection a. of R.S. 46:38A-52.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-32 - Use of custodial property by custodian for benefit of minor

46:38A-32. Use of custodial property by custodian for benefit of minor
A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to the duty or ability of the custodian personally or of any other person to support the minor, or any other income or property of the minor which may be applicable or available for that purpose. Source: New.
P.L. 1987, c. 18, s.1..
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-33 - Application to court for use of custodial property for benefit of minor

46:38A-33. Application to court for use of custodial property for benefit of minor
On application of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-34 - Use of custodial property for benefit of minor not to affect obligation to support minor

46:38A-34. Use of custodial property for benefit of minor not to affect obligation to support minor
A delivery, payment, or expenditure under R.S. 46:38A-32 or R.S. 46:38A-33 is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-36 - Custodian's compensation

46:38A-36. Custodian's compensation
Except for one who is a transferor under R.S. 46:38A-8, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-38 - Exemption of third person from liability

46:38A-38. Exemption of third person from liability
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
a. The validity of the purported custodian's designation;
b. The propriety of, or the authority under this chapter for, any act of the purported custodian;
c. The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
d. The propriety of the application of any property of the minor delivered to the purported custodian.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-39 - Liability to third persons generally

46:38A-39. Liability to third persons generally
A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-40 - Liability of custodian to third persons

46:38A-40. Liability of custodian to third persons
A custodian is not personally liable:
a. On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
b. For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-41 - Liability of minor to third persons

46:38A-41. Liability of minor to third persons
A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-42 - Custodian declining to serve, designation of successor custodian

46:38A-42. Custodian declining to serve, designation of successor custodian
A person nominated under R.S. 46:38A-6 or designated under R.S. 46:38A-19 as custodian may decline to serve by delivering an instrument in writing to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and a substitute custodian able, willing, and eligible to serve was not nominated under R.S. 46:38A-6, the person who made the nomination may nominate a substitute custodian under R.S. 46:38A-6; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under R.S. 46:38A-19. The custodian so designated has the rights of a successor custodian.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-43 - Designation of successor custodian by custodian

46:38A-43. Designation of successor custodian by custodian
A custodian may, at any time, designate a trust company or an adult other than a transferor under R.S. 46:38A-8 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-44 - Resignation of custodian; notice; delivery of custodial property

46:38A-44. Resignation of custodian; notice; delivery of custodial property
A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-45 - Designation successor custodian when custodian is ineligible, dies or becomes incapacitated

46:38A-45. Designation successor custodian when custodian is ineligible, dies or becomes incapacitated
If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor custodian and the minor has attained the age of 14 years, the minor may, in the manner prescribed in R.S. 46:38A-44, designate an adult member of the minor's family, the guardian of the minor's estate or a trust company as successor custodian. If the minor has not attained the age of 14 years or if the minor has attained the age of 14 years and fails to act within 60 days after the ineligibility, death, or incapacity, the guardian of the minor's estate shall become the successor custodian. If there is no guardian of the minor's estate or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may apply to the court to designate a successor custodian.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-46 - Delivery of custodial property to successor custodian

46:38A-46. Delivery of custodial property to successor custodian
A custodian who declines to serve under R.S. 46:38A-42 or resigns under R.S. 46:38A-44, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall deliver the custodial property and records into the possession and control of the successor custodian. The successor custodian may apply to the court to enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-47 - Removal of custodian; bond

46:38A-47. Removal of custodian; bond
A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the estate or person of the minor, or the minor if the minor has attained the age of 14 years may apply to the court to remove the custodian for cause and to designate a successor custodian other than a transferor under R.S. 46:38A-8 or to require the custodian to give appropriate bond.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-48 - Accounting by and determination of liability of custodian

46:38A-48. Accounting by and determination of liability of custodian
A minor who has attained the age of 14 years, the guardian of the estate or person of the minor or legal representative of the minor, an adult member of the minor's family, a transferor, or a transferor's legal representative may apply to the court for:
a. An accounting by the custodian or the custodian's legal representative; or
b. A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under R.S. 46:38A-39 through R.S. 46:38A-41 to which the minor or the minor's legal representative was a party.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-50 - Accounting required or permitted by the court

46:38A-50. Accounting required or permitted by the court
The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-51 - Accounting and order for delivery of custodial property upon removal of custodian

46:38A-51. Accounting and order for delivery of custodial property upon removal of custodian
If a custodian is removed under R.S. 46:38A-47, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-52 - Termination of custodianship

46:38A-52. Termination of custodianship
The custodian shall, in an appropriate manner, transfer the custodial property to the minor or to the minor's estate upon the earlier of:
a. The minor's attainment of 21 years of age with respect to custodial property transferred under R.S. 46:38A-8 or R.S. 46:38A-9, unless the transferor, at the time the transfer is made, has expressly directed or the governing will or trust expressly directs that the custodianship may be terminated at an earlier stated age after the minor attains the age of 18 years;
b. The minor's attainment of majority under the laws of this State other than this chapter with respect to custodial property transferred under R.S. 46:38A-12 or R.S. 46:38A-13; or
c. The minor's death.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-53 - Applicability of chapter

46:38A-53. Applicability of chapter
This chapter applies to a transfer within the scope of R.S. 46:38A-3, R.S. 46:38A-4 and R.S. 46:38A-5 made after its effective date if:
a. The transfer purports to have been made under the "New Jersey Uniform Gifts to Minors Act," P.L. 1963, c. 177 (C. 46:38-13 et seq.); or
b. The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this chapter is necessary to validate the transfer.
L. 1987, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-54 - Validation of certain transfers

46:38A-54. Validation of certain transfers
Any transfer of custodial property as now defined in this chapter made before the effective date of this chapter is validated, notwithstanding that there was no specific authority in the "New Jersey Uniform Gifts to Minors Act," P.L. 1963, c. 177 (C. 46:38-13 et seq.) for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. Source: New.
P.L. 1987, c. 18, s.1..
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:38A-57 - Laws repealed

46:38A-57. Laws repealed
The following are repealed effective July 1, 2007: P.L. 1963, c. 177, ss. 1 through 18 inclusive, 20 through 24 inclusive, 26 through 29 inclusive (C. 46:38-13 to C. 46:38-30 inclusive, C. 46:38-32 to C. 46:38-36 inclusive, C. 46:38-38 to C. 46:38-41 inclusive); P.L. 1981, c. 377, ss. 6, 7 and 12 (C. 46:38-19.1, C. 46:38-20.1 and C. 46:38-24.1).
P.L. 1987, c. 18, s.1..
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:39-1 - Rental by two or more acting as co-executors, co-administrators, co-guardians, co-trustees, co-receivers; accessibility

46:39-1. Rental by two or more acting as co-executors, co-administrators, co-guardians, co-trustees, co-receivers; accessibility
When a safe-deposit box or other receptacle for the safekeeping of personal property is rented to two or more persons acting as co-executors, co-administrators, co-guardians, co-trustees or co-receivers, access to such safe-deposit box or other receptacle may be allowed as follows, as the contract of renting shall provide:
(a) by any one or more of such persons acting as co-executors;
(b) by any one or more of the persons acting as co-administrators, co-guardians, co-trustees or co-receivers, when authorized in a writing signed by the other person or all other persons so acting;
(c) by any agent authorized in a writing signed by all the persons acting as co-executors, co-administrators, co-guardians, co-trustees or co-receivers.
L.1955, c. 151, p. 644, s. 1, eff. July 18, 1955.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:39-2 - Rental by one acting as sole executor, etc.; accessibility by authorized agent

46:39-2. Rental by one acting as sole executor, etc.; accessibility by authorized agent
When a safe-deposit box or other receptacle for the safekeeping of personal property is rented to a person acting as sole executor, administrator, guardian, trustee or receiver, access to the safe-deposit box or other receptacle may be allowed by any agent authorized in a writing signed by the person so acting.
L.1955, c. 151, p. 645, s. 2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:39-3 - Rental by minors; appointment of minor as agent for access to box

46:39-3. Rental by minors; appointment of minor as agent for access to box
A minor may rent a safe-deposit box or other receptacle for the safekeeping of personal property, or be designated in writing as an agent to have access to a safe-deposit box. In all transactions with respect to the renting of such box or other receptacle, and access thereto, including access by an agent designated in a writing signed by the minor, the minor shall, as between himself and the lessor of the box or other receptacle, be deemed to be of full age.
L.1955, c. 151, p. 645, s. 3. Amended by L.1964, c. 114, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:39-4 - Death or incapacity of lessee who has appointed agent; effect; "person" defined

46:39-4. Death or incapacity of lessee who has appointed agent; effect; "person" defined
The death or incompetency of a person to whom a safe-deposit box or other receptacle for the safekeeping of personal property has been rented, and who has in writing appointed an agent with power of access thereto, shall not terminate the authority of such agent; but such authority shall continue until actual notice of such death or incompetency is received by the lessor of such box or other receptacle at the office in which such box or receptacle is located. As used in this section, "person" includes a minor, and also includes
(a) a person acting in his individual capacity as sole renter of a safe-deposit box or other receptacle for the safekeeping of personal property;
(b) one, or more, or all of 2 or more persons acting in their individual capacities as co-renters of a safe-deposit box or other receptacle for the safekeeping of personal property;
(c) a person acting as sole executor, administrator, guardian, trustee or receiver in renting a safe-deposit box or other receptacle for the safekeeping of personal property; and
(d) one, or more, or all of 2 or more persons acting as co-executors, co-administrators, co-guardians, co-trustees or co-receivers in renting a safe-deposit box or other receptacle for the safekeeping of personal property.
L.1955, c. 151, p. 645, s. 4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:39-5 - Applicability

46:39-5. Applicability
This act shall apply to all corporations authorized by law to keep, maintain and rent out for hire safe-deposit boxes or other receptacles for the safekeeping of personal property. Nothing herein shall limit the rights, remedies, duties or powers of any corporation in keeping, maintaining and renting out for hire safe-deposit boxes or other receptacles for the safekeeping of personal property as otherwise provided by law.
L.1955, c. 151, p. 646, s. 5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:39-6 - Provisions of any will, codicil, trust instrument, order, decree or judgment not superseded

46:39-6. Provisions of any will, codicil, trust instrument, order, decree or judgment not superseded
Nothing in this act shall supersede the provisions of any will, codicil, trust instrument, order, decree or judgment prescribing the powers of the persons, if more than 1, required to act jointly in respect to property within their control as co-executors, co-administrators, co-guardians, co-trustees or co-receivers.
L.1955, c. 151, p. 646, s. 6.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-1 - Record of time of filing, entry or recording of instruments affecting real estate; effect

47:1-1. Record of time of filing, entry or recording of instruments affecting real estate; effect
All clerks, registers of deeds and mortgages and other officers who are required by law to receive and record deeds, mortgages, bills of sale and other conveyances, or who are required by law to enter, file or record judgments, decrees, mechanics' lien claims, attachments, recognizances, sheriffs' bonds or other liens and encumbrances on real estate in this state, shall, in addition to the entry and record thereof required by law, keep an exact record of the hour and minute, when the same shall be filed, entered or recorded in their respective offices, and such entry, filing or recording shall take effect and be notice thereof from and as of the exact time of the actual entry, filing or recording of the same.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-2 - Instruments to be in English to be entitled to recording or filing

47:1-2. Instruments to be in English to be entitled to recording or filing
No instrument in writing, with or without an acknowledgment, proof, affidavit or certificate attached thereto, required by law to be recorded or filed in the office of any county clerk or register of deeds and mortgages, shall be received for record or filing in any of such offices, unless such instrument, acknowledgment, proof, affidavit or certificate is written or printed in the English language.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-3 - Loose leaf record books in offices of county clerks, registers of deeds and mortgages and surrogates; effect

47:1-3. Loose leaf record books in offices of county clerks, registers of deeds and mortgages and surrogates; effect
For the purpose of recording, rerecording, recopying or transcribing any or all papers, documents and instruments in writing in the offices of the county clerks and registers of deeds and mortgages and surrogates of any county of this state, loose leaf record books may be used, if, immediately upon the completion of any such book for record purposes, the leaves thereof shall be securely and permanently bound and fastened together; and all recordings, rerecordings, recopyings or transcriptions made in any of such offices prior to March twenty-fifth, one thousand nine hundred and thirteen, in loose leaf record books, the leaves whereof shall be securely and permanently bound and fastened together, shall have the same legal force, meaning and effect as if made in record books having the leaves bound therein.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-4 - Typewritten records in certain offices

47:1-4. Typewritten records in certain offices
All papers, documents and instruments in writing authorized or required by law to be recorded in the office of the clerk, registers of deeds and mortgages or surrogate of any county of this state, as well as the record of such papers, documents or instruments in writing, which may be recopied, rerecorded or transcribed pursuant to any law of this state, may be copied, recorded, recopied, rerecorded or transcribed in such offices in typewriting, and such record, rerecord or transcribing made in typewriting shall have the same legal force, meaning and effect as if made in handwriting; and the record of any such papers, documents and instruments in writing, or the recopying, rerecording or transcribing thereof made prior to March eighth, one thousand nine hundred and twelve, in any of such offices in typewriting shall have the same legal force, meaning and effect as if such record, rerecord or transcribing had been made in handwriting.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-5 - Photographic, data records in certain offices; effect as evidence

47:1-5. Photographic, data records in certain offices; effect as evidence
47:1-5. All papers, documents and instruments in writing authorized or required by law to be recorded, filed, registered, or indexed in the office of the Secretary of State, clerk, register of deeds and mortgages and surrogate of any county of this State, as well as the record and index of any such papers, documents or instruments in writing, which may be recopied, rerecorded or transcribed pursuant to any law of this State, may be recopied, rerecorded, reindexed or transcribed in such offices by means of photography, data processing or image processing, and such rerecord or transcribing, made by means of photography, data processing or image processing, shall have the same legal force, meaning and effect as if made in handwriting or in typewriting.
The Secretary of State, clerk, register of deeds and mortgages and surrogate of any county of this State may make a copy by means of photography, data processing or image processing of any document or instrument and such photographic, data processed or image processed copy, if made, shall have the same legal force, meaning and effect as if made in handwriting or in typewriting.
Amended 1939,c.346; 1953,c.45,s.1; 1994,c.140,s.2.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-6 - Maps; requirements prerequisite to filing in certain offices

47:1-6. Maps; requirements prerequisite to filing in certain offices
47:1-6. No map, plat, plan or chart of lands, required or that may be required by law to be filed, or that may be presented to the county clerk, register of deeds and mortgages or surrogate in any county of this State, shall be received for filing unless the same shall be made upon translucent tracing cloth, with fast-colored, waterproof ink and be accompanied by a cloth-print duplicate.
Amended 1953,c.45,s.2; 1991,c.91,s.466.
2023 New Jersey Revised Statutes › Title 47 - Public Records › Section 47:1-7 - Classified, analytical or combination indexes in certain offices

47:1-7. Classified, analytical or combination indexes in certain offices
In the recording of deeds, mortgages, wills or other instruments required or authorized by law to be recorded, the clerk, register of deeds and mortgages, surrogate or other officer required to make the record, shall, in addition to the other indexes made and kept by him, make and keep such classified, analytical or combination index as the board of chosen freeholders of the respective counties shall determine, in index books to be provided for that purpose by the board of chosen freeholders, and shall enter therein, according to the classification thereof, an index of all the names required to be indexed in the alphabetical indexes of their respective offices.