Title 3B, Title 3B: ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

3B:14-13. Reinstatement of original fiduciary When the fiduciary or person named to act as fiduciary in whose place a substituted fiduciary is appointed ceases to be engaged in war service, he may apply to the court to be reinstated as fiduciary or may be appointed to act as fidu…

3B:14-14. Termination of substituted fiduciary's powers and duties; accounting and delivery of assets Upon reinstatement of the original fiduciary or person named to act as fiduciary, any substituted fiduciary of the estate, trust or fund, appointed by the court shall be removed …

3B:14-15. Powers and duties of reinstated fiduciary Upon reinstatement, the fiduciary or person named to act as fiduciary shall be vested with all of the title to that portion of the estate, trust or fund as has not been administered by the substituted fiduciary, and shall have a…

3B:14-16. Commissions; apportionment Commissions on the administration of the estate, trust or fund shall be apportioned between the original fiduciary and the substituted fiduciary as the court shall direct. L.1981, c. 405, s. 3B:14-16, eff. May 1, 1982.

3B:14-17. More than one substituted fiduciary The court may appoint more than one substituted fiduciary in place of any fiduciary or person named to act as fiduciary engaged in war service if, in its discretion, the court determines that it is for the best interests of the estate…

3B:14-18. Discharge from office of fiduciary; account; allowances A fiduciary may be discharged from the further duties of his office by the court. The court shall examine into the matter and if sufficient cause appears, the court may grant the discharge unless it will be prejudi…

3B:14-19. Discharge from particular trust; effect Where a fiduciary is appointed by a will to perform a particular trust thereunder, he may be discharged from the performance thereof by the court. The court may grant the discharge and the fiduciary shall be relieved of all furthe…

3B:14-2. Appointment of substituted fiduciary in place of one deceased or removed A substituted fiduciary may be discharged or removed in the same manner and for the same causes as an originally named or appointed fiduciary. Upon the death or removal of a substituted fiduciary, a…

3B:14-20. Discharge of one or more joint fiduciaries When there is more than one fiduciary they may all, or any one or more of them, be discharged. L.1981, c. 405, s. 3B:14-20, eff. May 1, 1982.

3B:14-21 Removal for cause. 3B:14-21. The court may remove a fiduciary from office when the fiduciary: a. After due notice of an order or judgment of the court so directing, neglects or refuses, within the time fixed by the court, to file an inventory, render an account, or give …

3B:14-22. Discharge or removal not to release fiduciary or sureties from certain liabilities The discharge or removal of a fiduciary for any cause authorized by this article shall not release or discharge him or his surety or sureties, or any of them, from liability for the estat…

3B:14-23 Powers. 3B:14-23. Powers. In the absence of contrary or limiting provisions in the judgment or order appointing a fiduciary, in the will, deed, or other instrument or in a subsequent court judgment or order, every fiduciary shall, in the exercise of good faith and reason…

3B:14-24 Authorization to exercise other powers. 3B:14-24. The court having jurisdiction of the estate or trust may authorize the fiduciary to exercise any other power or to disclaim any power, if the court determines such exercise or disclaimer is necessary or advisable which in…

3B:14-25. Payment of debt or delivery of certain personal property; requirements After the expiration of 60 days from the appointment of a domiciliary foreign fiduciary, any person indebted to the estate or having possession or control of personal property, or of an instrument ev…

3B:14-26. Release upon payment or delivery in good faith Payment or delivery made in good faith under N.J.S. 3B:14-25 on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or …

3B:14-27. When payment or delivery may not be made Payment or delivery under N.J.S. 3B:14-25 may not be made if a resident creditor of the estate has notified the debtor or the person having possession of the personal property that the debt should not be paid nor the property del…

3B:14-28. Filing proof of domiciliary foreign fiduciary's authority If letters have not issued in this State or an action therefor is not pending in this State, a domiciliary foreign fiduciary or any other person may file in the office of the Clerk of the Superior Court, or if th…

3B:14-29. Exercise of powers by domiciliary foreign fiduciary; security for costs Upon compliance with N.J.S. 3B:14-28, a domiciliary foreign fiduciary may exercise as to assets in this State all powers he would have had if he had received letters or been appointed in this State,…

3B:14-3. Powers and duties of substituted fiduciary A substituted fiduciary may demand, receive and recover the property and assets of the estate, and maintain all proper actions for the recovery thereof, and do all acts necessary for the administration and settlement of the esta…

3B:14-30. Termination of domiciliary foreign fiduciary's powers; protection of third persons; exercise of powers binding on local fiduciary The power of a domiciliary foreign fiduciary under N.J.S. 3B:14-28 or N.J.S. 3B:14-29 shall be exercised only if letters have not been issue…

3B:14-31. Personal liability of fiduciary on contracts Unless otherwise provided in the contract, a fiduciary is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his fiduc…

3B:14-32. Personal liability for obligations arising from ownership or control of estate; torts A fiduciary is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is pe…

3B:14-33. Asserting claims against estate Claims based on contracts entered into by a fiduciary in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estat…

3B:14-34. Determining issues of liability between estate and fiduciary Issues of liability as between the estate and the fiduciary individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding. L.1981, c. 405, s. 3B:14…

3B:14-35. Liability of fiduciary for improper exercise of power concerning estate If the exercise of power concerning the estate is improper, the fiduciary is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trust…

3B:14-36. Voidable sales, encumbrances or transactions; exceptions Any sale or encumbrance to the fiduciary, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflic…

3B:14-37 Protection of persons assisting or dealing with fiduciary. 3B:14-37. Protection of persons assisting or dealing with fiduciary. a. A person other than a beneficiary who in good faith either assists a fiduciary or deals with him for value is protected as if the fiduciary …

3B:14-38. Actions by fiduciaries The fiduciary or a majority of the fiduciaries who qualify may maintain an action in any court of this State without joining any fiduciary who has failed to qualify or join in the action. An action so brought and judgment recovered thereon in the …

3B:14-39. Several fiduciaries sued; judgment and execution In a civil action in any court of this State against two or more fiduciaries, those served shall defend the action on behalf of all of them. If, in the action, judgment is recovered by the plaintiff payable out of the dec…

3B:14-4. Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor A fiduciary appointed in the place of a removed or discharged fiduciary, or the cofiduciary remaining in office after the discharge or removal of the fiduciary, may sue for assets …

3B:14-40. No actions against personal representatives within 6 months of grants of letters; exceptions; execution To enable personal representatives to examine into the condition of the estate and to ascertain its amount and value and the debts to be paid, no actions, except for …

3B:14-41. Actions against fiduciaries; proof of proper administration The failure of a fiduciary to plead in an action against him in a representative capacity that he has fully administered the estate or the extent to which he has administered the estate shall not preclude him f…

3B:14-42. Recovery of damages for injury to property subsequently transferred A person injuring, damaging or destroying property while in the hands of a fiduciary shall be liable to the fiduciary in an action for damages for the benefit of his cestui que trust or persons in inter…

3B:14-43. Adjudication binding on local fiduciary An adjudication rendered in any jurisdiction in favor of or against any fiduciary of the estate is as binding on the local fiduciary upon notice to him as if he were a party to the adjudication. L.1981, c. 405, s. 3B:14-43, eff. M…

3B:14-44. Discovery of assets in action by fiduciary Upon application by a fiduciary, the court may require any person to appear before and make discovery of his possession of, or knowledge of the existence or whereabouts of personal property of the fiduciary's decedent, ward or …

3B:14-45. Discovery of assets in action against the fiduciary The court may, if it shall appear that a fiduciary may have wasted, embezzled or misapplied the estate intrusted to him, compel discovery to be made of the condition of the estate by the production of books, papers, se…

3B:14-46. "Process" defined The word "process" as used in this subarticle shall include any summons, subpena, writ, attachment and levy thereunder, garnishment, rule, order, notice, decision, judgment or execution and levy thereunder, or any other process whatsoever, that may law…

3B:14-47. Fiduciary to file power of attorney; requisites of power Every fiduciary, whether or not a resident within this State, who is granted letters testamentary or of administration, trusteeship or guardianship within this State shall, at the time of the grant, or before he u…

3B:14-48. Service of process Service of process, under the provisions of this subarticle, shall be made by leaving a copy of the process with the surrogate or clerk, or with a deputy or a clerk employed in his office, together with a fee of $2.00 to be taxed in the costs. The sur…

3B:14-49. Submission to jurisdiction of courts A domiciliary foreign fiduciary submits himself personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by: a. Filing authenticated copies of his letters as provided in N.J.S. 3B:14-28; b. …

3B:14-5. Removed or discharged fiduciary to deliver assets to successor A fiduciary when removed or discharged shall forthwith deliver to his cofiduciary or the substituted fiduciary succeeding him all the assets of the estate which he holds, and shall, within 60 days after the a…

3B:14-50. Jurisdiction by act of decedent In addition to jurisdiction conferred by N.J.S. 3B:14-49, a domiciliary foreign fiduciary for a decedent is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to their jurisdiction imm…

3B:14-51. Service of process If a domiciliary foreign fiduciary has submitted himself to the jurisdiction of the courts of this State, service of process shall be made upon him as provided by the Rules of the Supreme Court of New Jersey. L.1981, c. 405, s. 3B:14-51, eff. May 1, 1…

3B:14-52. Short title This article shall be known and may be cited as the "Uniform Fiduciaries Law." L.1981, c. 405, s. 3B:14-52, eff. May 1, 1982.

3B:14-53. Definitions As used in this article: a. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking and any State chartered savings and loan association, or any Federal savings and loan association, having its p…

3B:14-54. Application of payments of money or transfer of property made to fiduciaries A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary is authorized to receive, is not responsible for the proper application thereof by the fi…