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New Jersey Statutes, Title 3A

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

6 chapters · 29 sections in this title.

All chapters in Title 3A29 Ch 25, Chapter 2513 Ch 36, Chapter 365 Ch 37, Chapter 375 Ch 2A, Chapter 2A2 Ch 16, Chapter 162 Ch 35, Chapter 352

13 sections·Filtered byTitle 3A✕Ch 25✕

N.J.S.A. 3A:25-12 Distribution; when and how made.
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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 di…
N.J.S.A. 3A:25-39 Definitions.
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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 inter…
N.J.S.A. 3A:25-40 Devisee, beneficiary or appointee under testamentary instrument, or heir; whole or fractional share
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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 …
N.J.S.A. 3A:25-41 Instrument; formalities; contents
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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 i…

N.J.S.A. 3A:25-42 Disclaimer on behalf of decedent, minor or incapacitated person by personal representative or guardian.

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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…

N.J.S.A. 3A:25-43 Time of filing of instrument

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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 afte…

N.J.S.A. 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"

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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 pro…

N.J.S.A. 3A:25-45 Devolution of disclaimed property or interest; relation back to date of death

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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 …

N.J.S.A. 3A:25-46 Bar of right to disclaim.

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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 i…

N.J.S.A. 3A:25-47 Binding effect

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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.

N.J.S.A. 3A:25-48 Existence of right notwithstanding limitation

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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.

N.J.S.A. 3A:25-49 Continuance of rights under other statutes

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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.

N.J.S.A. 3A:25-50 Interests in property existing on effective date of act

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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 …