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

3B:8-13 Notice of hearing. 3B:8-13. Notice of hearing. The surviving spouse or domestic partner shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests w…

3B:8-14 Withdrawal of demand for an elective share. 3B:8-14. Withdrawal of demand for an elective share. The surviving spouse or domestic partner may withdraw his demand for an elective share at any time before entry of a final judgment by the court. Amended 2005, c.331, s.19.

3B:8-15. Fixing amount of elective share; payment of elective share The court shall determine the amount of the elective share and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate in the manner as hereinafter set forth in t…

3B:8-16. Enforcing judgment The judgment of the court made pursuant to N.J.S. 3B:8-15 may be enforced as other judgments are enforced by law. L.1981, c. 405, s. 3B:8-16, eff. May 1, 1982.

3B:8-17. Value of surviving spouse's or domestic partner's interest in any life estate. 3B:8-17. Value of surviving spouse's or domestic partner's interest in any life estate. In an action for an elective share, the electing spouse's or domestic partner's total or proportional be…

3B:8-18 Satisfaction of elective share. 3B:8-18. Satisfaction of elective share. The amount of the surviving spouse's or domestic partner's elective share shall be satisfied by applying: a. The value of all property, estate or interest therein, owned by the surviving spouse or do…

3B:8-19 Persons subject to contribution. 3B:8-19. Persons subject to contribution. Only original transferees from, or appointees of, the decedent and their donees, to the extent the donees have the property or its proceeds, are subject to the contribution to make up the elective …

3B:8-2 Elective share of surviving spouse, partner in a civil union, domestic partner of person dying not domiciled in this State. 3B:8-2. Elective share of surviving spouse, partner in a civil union, or domestic partner of person dying not domiciled in this State. If a married p…

3B:8-3 Meaning of "augmented estate." 3B:8-3. Meaning of "augmented estate." The "augmented estate" means the estate reduced by funeral and administration expenses, and enforceable claims, to which is added the value of property transferred by the decedent at any time during marr…

3B:8-4. Valuing property transferred Property transferred in the manner set forth in N.J.S. 3B:8-3 is valued as of the decedent's death except that property given irrevocably to a donee during the lifetime of the decedent is valued as of the date the donee came into possession or…

3B:8-5 Transfers excluded. 3B:8-5. Transfers excluded. Any transfer of property shall be excluded from the augmented estate under N.J.S. 3B:8-3, if made with the written consent or joinder of the surviving spouse or domestic partner. There shall also be excluded from the augmente…

3B:8-6 Other property to be included in augmented estate. 3B:8-6. Other property to be included in augmented estate. There shall also be included in the augmented estate: a. The value of property owned by the surviving spouse or domestic partner at the time of, or as a result of,…

3B:8-7 Property derived from decedent. 3B:8-7. Property derived from decedent. For the purposes of N.J.S. 3B:8-6, property derived from the decedent includes, but is not limited to, any beneficial interest of the surviving spouse or domestic partner in a trust created by the dece…

3B:8-8 Valuation of property derived from decedent. 3B:8-8. Valuation of property derived from decedent. For the purposes of valuing property derived from the decedent as provided in N.J.S. 3B:8-6: a. Property owned by the spouse or domestic partner at the decedent's death is val…

3B:8-9 Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death. 3B:8-9. Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death. Property owned by the surviving spouse or dom…