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

3B:23-13. General devise charged upon specific property or fund For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of th…

3B:23-14. Where will expresses order of abatement If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in N.J.S. 3B:23-12, shares of the distributees abate as ma…

3B:23-15. Abatement where subject of specific devise sold If the subject of a specific devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. L.1981, c. 405, s. 3…

3B:23-16. Distribution by order of court When the account of a personal representative has been allowed by court, the court may direct just distribution, in accordance with the provisions of the will, of what shall remain in the estate or a trust under the will, after all debts a…

3B:23-17. Judgment for distribution When the account of a personal representative has been allowed by court, the court may direct just distribution of the property whereof a decedent died intestate which remains in his estate after payment of all debts, expenses and other charges…

3B:23-18. Distribution; when made Distribution of the property of an intestate shall not be made until 1 year after the granting of administration unless an order to limit creditors is entered, in which case distribution may be made 6 months after the order. L.1981, c. 405, s. 3B…

3B:23-19. Order for filing claims of unknown distributees 3B:23-19. Order for filing claims of unknown distributees. a. When it appears in an action for the distribution of the property of which a decedent dies intestate that no heirs to the property can be found or in addition t…

3B:23-2. Valuation of assets For the purpose of valuation under subsection b. of N.J.S. 3B:23-1 securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distributi…

3B:23-21 Unclaimed estate assets. 3B:23-21. Unclaimed estate assets. When a fiduciary states a final account and there remains in the fiduciary's control a balance, devise, distributive share, dividend, or sum of money to be paid to a person and the person, or that person's guard…

3B:23-22. Deposit in court of money or other property of devisee, heir or beneficiary of trust in certain cases Where it shall appear that a devisee, heir or beneficiary of a trust would not have the benefit or use or control of the money or other property due him, or where other…

3B:23-23. Letters of trusteeship required before transfer to trustee It shall be unlawful for any fiduciary to transfer, pay over or distribute any devise, distributive share or part of the estate or trust in the possession or under the control of the fiduciary to a testamentary …

3B:23-24. Refunding bond of devisee or distributee A personal representative shall, on paying a devise or distributive share or on delivering an instrument of distribution to the person entitled, take a refunding bond therefor, to be filed in the office of the surrogate of the co…

3B:23-25. Amount of bond; form The bond required under N.J.S. 3B:23-24 or N.J.S. 3B:23-33 shall be in the amount or value of the devise or allotted distributive share and shall be sufficient, if signed by the devisee or distributee, or his guardian, as the case may be, without an…

3B:23-26. Condition of devisee's bond The bond of a devisee shall be conditioned substantially as follows: That if any part or the whole of the devise shall at any time thereafter be needed to discharge any debt or debts, devise or devises, which the personal representative may n…

3B:23-27. Condition of distributee's bond The bond of a distributee shall be conditioned substantially as follows: That if any debt or debts, truly owing by the intestate, shall be afterwards sued for and recovered or otherwise duly made to appear, and there shall be no other ass…

3B:23-28. Bonds required of holders of determinable interests; in general A personal representative shall not be compelled to pay or deliver personal property devised for life, for a term of years or for any other limited period, or upon a condition or any contingency, to the hol…

3B:23-29. Bond when remainderman is lineal descendant of holder of determinable estate Where the person next immediately in remainder is a lineal descendant of the holder of the determinable interest referred to in N.J.S. 3B:23-28, the holder of the determinable interest shall no…

3B:23-3. Method of distribution If the personal representative of either a testate or an intestate estate has, in the exercise of good faith and reasonable discretion, continued to hold in kind the distributable assets of an intestate estate or of the residue of a testate estate,…

3B:23-30. Bond when the personal representative is holder of a determinable estate When the personal representative is the holder of a determinable interest referred to in N.J.S. 3B:23-28, he shall, before receiving the personal property into his possession, file a bond with the …

3B:23-31. Actions for distributive shares If a personal representative fails to pay a distributive share to a person thereto entitled under a judgment made pursuant to N.J.S. 3B:23-17, that person may recover the distributive share in a civil action from the personal representati…

3B:23-32. Limitations on enforcement of devise Nothing in N.J.S. 3B:23-33 to N.J.S. 3B:23-35 shall be so construed as to permit the enforcement of a devise to the prejudice of creditors of the testator or as giving effect to a will not warranted by law. L.1981, c. 405, s. 3B:23-3…

3B:23-33. Action for devise A devisee may bring an action in the Superior Court for his devise. L.1981, c. 405, s. 3B:23-33, eff. May 1, 1982.

3B:23-34 Conditions precedent to suit for devise. 3B:23-34. An action to recover a devise may not be maintained until: a. The devise becomes due and payable; b. Reasonable demand for payment is made upon the personal representative; and c. A refunding bond in substantially the fo…

3B:23-35. Extent of recovery If it appears in the action that the surplus of assets in the possession of the personal representative over debts of the testator, is sufficient to pay all devises, the full amount of the devise may be recovered with costs; but if the surplus is not …

3B:23-36. Plea of want of assets; procedure If want of assets to pay debts and devises is pleaded in the action and if the account of the personal representative has not been settled, the court shall require him to account. Judgment shall be entered and execution shall issue only…

3B:23-37. Apportionment of certain real estate to pay devise When a devise, payable on a contingency which has not happened, is or may become a charge, at law or in equity, on real estate devised by will, any person in possession of a part of the real estate may bring a summary a…

3B:23-38. Effect of apportionment; filing and recording papers If the court approves the partition, the real estate so set apart shall become charged or chargeable with the contingent devise, and the residue of the real estate shall thereupon be entirely discharged from all lien,…

3B:23-39 Deposit with court; effect. 3B:23-39. When a devise charged by will upon real estate is wholly or in part limited over: a. To minors, persons who are incapacitated, or persons not in esse; or b. To persons who cannot be ascertained until the happening of an event named i…

3B:23-4. Proposal of distribution; contents; time to object After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The proposal sh…

3B:23-40. Payment of interest on moneys deposited When moneys are ordered to be paid into court pursuant to N.J.S. 3B:23-39, the interest thereof, or any part of the interest as the court may direct, shall be paid to or on behalf of the persons who would for the time being be ent…

3B:23-41. Return of devise pro rata Where there are several devisees and a return of part of a devise shall afterwards appear necessary, each devisee shall only be compelled to return a proportional part of his devise so as to make up the whole sum needed. L.1981, c. 405, s. 3B:2…

3B:23-42. Distribution of nonresident decedent's estate The estate of a nonresident decedent being administered by a personal representative appointed in this State shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to th…

3B:23-43. Right of retainer The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a dir…

3B:23-5. Instrument of distribution If distribution in kind is made, the personal representative may and, if requested, shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to…

3B:23-6. Proof of delivery of instrument of distribution conclusive evidence of distributee's receipt of assets; exception Proof that a distributee has received an instrument or deed of distribution of assets in kind or payment in distribution, from a personal representative, is …

3B:23-7. Protection of purchaser from or lender to distributee If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representati…

3B:23-8. Partition for purpose of distribution When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may institute an action, prior…

3B:23-9. Agreement among successors binding on personal representative Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, …