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

3B:22-13. Failure to sue after notice to perfect claim; claim debarred If a creditor fails to commence an action upon his claim within 1 month after being notified to establish the claim by judgment, as provided by N.J.S. 3B:22-11, he shall be thereafter forever barred from any a…

3B:22-14 Direction of court before paying claims not presented within 9-month period. 3B:22-14. Direction of court before paying claims not presented within 9-month period. A personal representative may not be compelled to pay any claim not presented within the period limited pur…

3B:22-15. Failure to file refunding bond; presumption that devise or distributive share remains unpaid In an action by a creditor against a personal representative, for the payment of a ratable proportion of his debt, it shall be presumed that the assets of the estate due a devis…

3B:22-16. Action upon refunding bond of devisee or heir A claimant against an estate who has failed to present his claim in due form within the time required, may bring an action in his own name without leave of court on a refunding bond given by a devisee or heir and recover the…

3B:22-17. Defense to action on fiduciary's bond in certain cases A fiduciary, who has received a devise or distributive share from a personal representative and has given a refunding bond therefor, may set up in absolute bar to an action on the bond, that he has lawfully paid out…

3B:22-18. Action on refunding bond of ultimate devisee or heir A creditor may sue on a bond taken by a fiduciary pursuant to N.J.S. 3B:22-17, in the same manner and with like effect as if the original personal representative had made payment or distribution directly and had taken…

3B:22-19. Assets being administered here subject to claims established wherever personal representative appointed All assets of estates being administered in this State are subject to all claims and charges existing or established against the personal representative wherever appo…

3B:22-2 Order of priority of claims when assets insufficient. 3B:22-2. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: a. Reasonable funeral expenses; b. Costs and expenses o…

3B:22-20. Payment of claims where assets insufficient If the estate either in this State or as a whole is insufficient to cover all claims and prior charges, each claimant whose claim has been allowed either in this State or elsewhere in administrations of which the personal repr…

3B:22-21. Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative In case the claims and prior charges of the entire estate exceed the total value of the portions of the estate being administered separately an…

3B:22-22. Real property liable only 1 year for debts The real property of any person who shall die seized thereof or entitled thereto shall be and remain liable for the payment of his debts for 1 year after his decease, but may be sold free from liability for payment of debts by …

3B:22-23. Time not extended by general words in will The period of 1 year fixed in N.J.S. 3B:22-22, shall not be deemed to be extended by any directions in a will that just debts be paid. Any charge upon real property created by any directions in a will that just debts be paid sh…

3B:22-24. Article not to affect liability of heirs or devisees Nothing contained in this article shall affect any liability of heirs and devisees under article 8 of this chapter. L.1981, c. 405, s. 3B:22-24, eff. May 1, 1982.

3B:22-25. Sale of property subject to escheat to pay debts In any case where property may be subject to escheat to the State, proceedings to sell the property to pay debts may be taken as provided in this article. L.1981, c. 405, s. 3B:22-25, eff. May 1, 1982.

3B:22-26. Direction of court as to sale If it shall appear to the satisfaction of the court that property of which a decedent died seized or possessed is subject to escheat to the State and that it is necessary to sell the property in order to pay debts of the decedent, the court…

3B:22-27. Estate passed by sale or conveyance A sale or conveyance of property directed to be sold by the court, as provided in N.J.S. 3B:22-26, when made by a personal representative, shall vest in the purchaser all the estate of which the decedent was seized or possessed at the…

3B:22-28. Effect of confirmation When property is sold pursuant to N.J.S. 3B:22-26 and the sale is confirmed by the court directing the sale, the judgment or order confirming the sale or a certified copy thereof shall be conclusive evidence in all courts of the validity of the pr…

3B:22-29. Accounting; surplus from sale payable to State Treasurer After accounting duly made by the personal representative and after the payment of debts and just expenses, fees and commissions of every sort, if no heirs at law of the decedent, to whom distribution may be made …

3B:22-3 Abatement for purpose of paying claims and debts. 3B:22-3. The property of a decedent's estate shall abate for the purposes of paying debts and claims in the order prescribed in N.J.S.3B:23-12. Amended 2004, c.132, s.83.

3B:22-30. Distribution by State Treasurer; proof of claim required of claimants After payment to the State Treasurer, no distribution of the surplus shall be made to any heir or other person interested in the property from the sale of which the surplus so paid over to the State T…

3B:22-31. Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee After the State Treasurer has made payment to any person or persons in accordance with the declaratory judgment, as provided in N.J.S. 3B…

3B:22-32. Distribution among creditors to be pro rata; preferred debts excepted If the estate of a decedent is insufficient to pay his debts, his estate shall be applied to the preferred expenses and debts in accordance with N.J.S. 3B:22-2, and the balance shall be distributed am…

3B:22-33. Claims not presented in time barred; exception; extension of time If an estate is adjudged insolvent, any creditor who fails to exhibit his claim to the personal representative within the time limited and prescribed by N.J.S. 3B:22-4 shall be forever barred from prosecu…

3B:22-34. Authority of court to pass upon claims against the estate and upon amount and value of estate In an action to have an estate adjudged insolvent, the court may adjudicate upon and determine the amount and value of the estate and the liability of the estate on claims made…

3B:22-35. Judgment of insolvency; sale of assets If upon an adjudication and determination, it appears to the court that the estate is insufficient to pay the debts, or whenever it appears to the satisfaction of the court, upon consideration of the claims of creditors and the amo…

3B:22-36. Proceeds; distribution Proceeds of the estate which come to the hands of the personal representative shall be distributed under direction of the court, from time to time, as may be found convenient and just. L.1981, c. 405, s. 3B:22-36, eff. May 1, 1982.

3B:22-37. Residue after debts to go to heirs or devisees If full payment of debts and claims is made, and there remains a residue, the residue shall be divided among the heirs of an intestate in the proportions as provided by law, or in case of a will, to the devisees as the will…

3B:22-38. Certain actions against personal representative saved Nothing contained in this article shall prevent a person from maintaining an action against the personal representative for, or in respect of, waste or misapplication of the estate of his decedent. L.1981, c. 405, s.…

3B:22-39 "Heirs and devisees" defined. 3B:22-39. As used in this article, heirs and devisees shall include the heirs and devisees of a deceased debtor and the heirs and devisees of any of them, who shall have died before the commencement of the action, authorized by this article,…

3B:22-4 Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution. 3B:22-4. Creditors of the decedent shall present their claims to the personal representative of the de…

3B:22-40. Heirs and devisees liable for debt of decedent Every creditor, whether by simple contract or specialty, and whether or not the heirs or devisees are mentioned therein, shall have and may maintain by virtue of this article an action against the heirs and devisees of his …

3B:22-41. Joinder of parties The action shall be brought against all of the heirs and devisees of the deceased debtor who can be found within the State. L.1981, c. 405, s. 3B:22-41, eff. May 1, 1982.

3B:22-42. General judgment; special judgment If the debt be found due, the judgment against any heir or devisee shall be general for the full amount found due, unless the heir or devisee shall admit in the action the descent or devise of the estate to him, specifically describing…

3B:22-43. Liability in case of sale or transfer of estate In the event an estate descended or devised to any heir or devisee has been bona fide sold or transferred prior to the commencement of the action, it shall not be liable for the debt or for any judgment obtained in an acti…

3B:22-44. Contribution between heirs and devisees liable Contribution between heirs and devisees liable under this article may be had as heretofore. L.1981, c. 405, s. 3B:22-44, eff. May 1, 1982.

3B:22-5. Liquidated claims payable in future A liquidated claim, not due and payable, but payable in the future, may be presented for allowance, a reasonable rebate of interest being made when interest is not accruing thereon. If the claim is disputed and action is brought thereo…

3B:22-6. Payment of claim not legally presented; effect; allowance in personal representative's account If a personal representative in good faith pays a claim presented to him which is not verified as required, and, on or before final accounting, it is proved to the court or sur…

3B:22-7. Allowance or rejection of claims within 3 months Within 3 months after the presentation to him of a claim, the personal representative shall allow or dispute it or allow it in part and dispute it in part, and give notice in writing to the creditor, his agent or attorney,…

3B:22-8. Commencement of action by creditor on disputed claim within 3 months after notice Within 3 months after receiving notice that a claim or a part of it has been disputed, the creditor shall commence an action to recover on the claim or so much of it as is disputed; otherwi…