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

3B:13A-19. Recommendations to be considered by conservator in making expenditures In making expenditures under N.J.S. 3B:13A-18, a conservator shall consider recommendations relating to the appropriate standard of support, education and benefit for the conservatee made by any par…

3B:13A-2. Civil action to appoint conservator The Superior Court may, in a civil action brought by the conservatee or some other person in his behalf, appoint a conservator to manage the estate of a conservatee, except that if the conservatee objects to the imposition of a conser…

3B:13A-20. Other factors to be considered by conservator in making expenditures In making expenditures under N.J.S. 3B:13A-19, the conservator shall expend or distribute sums reasonably necessary for the support, education, care or benefit of the conservatee with due regard to: a…

3B:13A-21. Persons for whose benefit expenditures may be made The conservator may expend funds of the conservatee's estate for the support of persons legally dependent on the conservatee and others who are members of the conservatee's household who are unable to support themselve…

3B:13A-22. Persons to whom funds may be paid Funds expended under N.J.S. 3B:13A-18 may be paid by the conservator to any person, including the conservatee, to reimburse the conservator for expenditures which he has made, or in advance for services to be rendered to the conservate…

3B:13A-23. Powers conferred upon conservator A conservator has all of the powers conferred upon him by law and the terms of this chapter, except that a conservator's powers over the property of the conservatee are limited to the investment of income or the expenditure and distrib…

3B:13A-24. Expansion or limitation of conservator's powers The court may, at the time of appointment or later, expand or limit the powers of a conservator otherwise conferred by this chapter, or previously conferred by the court, and may at any time relieve him of any expansion o…

3B:13A-25. Formal accounting A conservator shall settle his account in the Superior Court at intervals as the court may require, except that a conservator may settle his first account within 1 year after his appointment, or as soon thereafter as may be practicable. L.1983, c. 192…

3B:13A-26. Effect of judgment allowing intermediate account A judgment, made upon notice and hearing, allowing an intermediate account of a conservator, shall have the same effect as a judgment allowing an intermediate account of any other fiduciary. L.1983, c. 192, s. 1, eff. Ma…

3B:13A-27. Annual informal report or accounting The conservator shall present to the conservatee an annual informal report or accounting setting forth the collection and disposition of income and other assets within the conservator's control. The annual informal report or account…

3B:13A-28. Personal liability of conservator on contracts Unless otherwise provided in the contract, a conservator 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 …

3B:13A-29. Personal liability of conservator for obligations arising from control of estate A conservator is individually liable for obligations arising from control of property of the estate or for any act or omission committed in the course of administration of the estate only …

3B:13A-3. Appointment of counsel to represent conservatee The court shall have the right to appoint counsel for the proposed conservatee if it believes that counsel is necessary to adequately protect the interests of the conservatee. L.1983, c. 192, s. 1, eff. May 23, 1983.

3B:13A-30. Asserting claims against estate Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from control of the estate, or on any act or omission committed in the course of administration of the estate may be asserted again…

3B:13A-31. Determining issues of liability between estate and conservator Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action. L.19…

3B:13A-32. Liability of conservator for improper exercise of power concerning estate If the exercise of power concerning the estate is improper, the conservator is liable to the conservatee or interested persons for damage or loss resulting from breach of his fiduciary duty to th…

3B:13A-33. Termination of conservatorship by conservatee Upon application of the conservatee, the court shall terminate the conservatorship, and the conservator, after the allowance of his final account, shall pay over and distribute all funds and property in his hands and under …

3B:13A-34 Termination of conservatorship. 3B:13A-34. A conservatorship shall terminate upon the death of the conservatee or upon adjudication of the conservatee to be incapacitated as provided by law, but the termination shall not affect the conservator's liability for prior acts…

3B:13A-35. Substituted conservator Upon the death of the conservator or his removal by the court for good cause or if he resigns with court approval and after filing his account, the court may appoint another conservator in the manner provided for by this chapter. L.1983, c. 192,…

3B:13A-36 Conservator's compensation. 3B:13A-36. A conservator shall be compensated for services in the same manner as a guardian for a minor or for a person who is incapacitated. amended 2013, c.103, s.43.

3B:13A-4. Conservatee to be present at hearing; court ordered investigation if conservatee unable to attend The conservatee shall be present at the hearing unless he is unable to attend by reason of physical or other inability, and that inability is established to the satisfactio…

3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought 3B:13A-5. By whom action for appointment of conservator in behalf of conservatee may be brought. An action for the appointment of a conservator may be brought by the conservatee as pro…

3B:13A-6. Service of notice to appoint conservator Notice of the action to appoint a conservator shall be served upon the following persons: a. The conservatee unless he is the plaintiff; b. The spouse and adult children of the conservatee or, where there are none, upon the perso…

3B:13A-7. Right of persons to be heard The persons receiving notice pursuant to N.J.S. 3B:13A-6 may, upon approval of the court and in the interest of the conservatee, appear and be heard concerning all matters relating to the conservatorship. L.1983, c. 192, s. 1, eff. May 23, 1…

3B:13A-8. Designation of conservator The court may appoint a person or a financial institution, qualified under the laws of this State to act as a fiduciary, as the conservator of the conservatee's estate. If the court appoints a conservator, it shall do so in the following order…

3B:13A-9. Acceptance of appointment Before letters of conservatorship are issued, the conservator shall accept the appointment in accordance with the Rules Governing the Courts of the State of New Jersey. L.1983, c. 192, s. 1, eff. May 23, 1983.

3B:14-1. Survivorship and succession among cofiduciaries; duties and powers There shall be survivorship and succession between and among cofiduciaries. If only one fiduciary survives or remains qualified to act, no substituted fiduciary need be appointed to act in the place of an…

3B:14-10. Cofiduciaries; terms of instrument If the fiduciary or person named to act as fiduciary is one of several cofiduciaries or one of several named to act as cofiduciaries, the court may appoint a substituted cofiduciary or may appoint the fiduciary's cofiduciary or cofiduc…

3B:14-11. Substituted fiduciary; bond The substituted fiduciary shall give bond in the same terms as to condition, security and amount as were required of the fiduciary or person named to act as fiduciary in whose stead he is appointed or as the court shall direct. If the fiducia…

3B:14-12. Substituted fiduciary; powers and duties The substituted fiduciary, upon qualifying in accordance with the order of the court, shall be entitled to the control and possession of all of the unadministered assets of the estate, trust or fund, and shall be vested with titl…

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…