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

3B:14-31. Personal liability of fiduciary on contracts Unless otherwise provided in the contract, a fiduciary 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 fiduc…

3B:14-32. Personal liability for obligations arising from ownership or control of estate; torts A fiduciary is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is pe…

3B:14-33. Asserting claims against estate Claims based on contracts entered into by a fiduciary in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estat…

3B:14-34. Determining issues of liability between estate and fiduciary Issues of liability as between the estate and the fiduciary individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding. L.1981, c. 405, s. 3B:14…

3B:14-35. Liability of fiduciary for improper exercise of power concerning estate If the exercise of power concerning the estate is improper, the fiduciary is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trust…

3B:14-36. Voidable sales, encumbrances or transactions; exceptions Any sale or encumbrance to the fiduciary, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflic…

3B:14-37 Protection of persons assisting or dealing with fiduciary. 3B:14-37. Protection of persons assisting or dealing with fiduciary. a. A person other than a beneficiary who in good faith either assists a fiduciary or deals with him for value is protected as if the fiduciary …

3B:14-38. Actions by fiduciaries The fiduciary or a majority of the fiduciaries who qualify may maintain an action in any court of this State without joining any fiduciary who has failed to qualify or join in the action. An action so brought and judgment recovered thereon in the …

3B:14-39. Several fiduciaries sued; judgment and execution In a civil action in any court of this State against two or more fiduciaries, those served shall defend the action on behalf of all of them. If, in the action, judgment is recovered by the plaintiff payable out of the dec…

3B:14-4. Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor A fiduciary appointed in the place of a removed or discharged fiduciary, or the cofiduciary remaining in office after the discharge or removal of the fiduciary, may sue for assets …

3B:14-40. No actions against personal representatives within 6 months of grants of letters; exceptions; execution To enable personal representatives to examine into the condition of the estate and to ascertain its amount and value and the debts to be paid, no actions, except for …

3B:14-41. Actions against fiduciaries; proof of proper administration The failure of a fiduciary to plead in an action against him in a representative capacity that he has fully administered the estate or the extent to which he has administered the estate shall not preclude him f…

3B:14-42. Recovery of damages for injury to property subsequently transferred A person injuring, damaging or destroying property while in the hands of a fiduciary shall be liable to the fiduciary in an action for damages for the benefit of his cestui que trust or persons in inter…

3B:14-43. Adjudication binding on local fiduciary An adjudication rendered in any jurisdiction in favor of or against any fiduciary of the estate is as binding on the local fiduciary upon notice to him as if he were a party to the adjudication. L.1981, c. 405, s. 3B:14-43, eff. M…

3B:14-44. Discovery of assets in action by fiduciary Upon application by a fiduciary, the court may require any person to appear before and make discovery of his possession of, or knowledge of the existence or whereabouts of personal property of the fiduciary's decedent, ward or …

3B:14-45. Discovery of assets in action against the fiduciary The court may, if it shall appear that a fiduciary may have wasted, embezzled or misapplied the estate intrusted to him, compel discovery to be made of the condition of the estate by the production of books, papers, se…

3B:14-46. "Process" defined The word "process" as used in this subarticle shall include any summons, subpena, writ, attachment and levy thereunder, garnishment, rule, order, notice, decision, judgment or execution and levy thereunder, or any other process whatsoever, that may law…

3B:14-47. Fiduciary to file power of attorney; requisites of power Every fiduciary, whether or not a resident within this State, who is granted letters testamentary or of administration, trusteeship or guardianship within this State shall, at the time of the grant, or before he u…

3B:14-48. Service of process Service of process, under the provisions of this subarticle, shall be made by leaving a copy of the process with the surrogate or clerk, or with a deputy or a clerk employed in his office, together with a fee of $2.00 to be taxed in the costs. The sur…

3B:14-49. Submission to jurisdiction of courts A domiciliary foreign fiduciary submits himself personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by: a. Filing authenticated copies of his letters as provided in N.J.S. 3B:14-28; b. …

3B:14-5. Removed or discharged fiduciary to deliver assets to successor A fiduciary when removed or discharged shall forthwith deliver to his cofiduciary or the substituted fiduciary succeeding him all the assets of the estate which he holds, and shall, within 60 days after the a…

3B:14-50. Jurisdiction by act of decedent In addition to jurisdiction conferred by N.J.S. 3B:14-49, a domiciliary foreign fiduciary for a decedent is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to their jurisdiction imm…

3B:14-51. Service of process If a domiciliary foreign fiduciary has submitted himself to the jurisdiction of the courts of this State, service of process shall be made upon him as provided by the Rules of the Supreme Court of New Jersey. L.1981, c. 405, s. 3B:14-51, eff. May 1, 1…

3B:14-52. Short title This article shall be known and may be cited as the "Uniform Fiduciaries Law." L.1981, c. 405, s. 3B:14-52, eff. May 1, 1982.

3B:14-53. Definitions As used in this article: a. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking and any State chartered savings and loan association, or any Federal savings and loan association, having its p…

3B:14-54. Application of payments of money or transfer of property made to fiduciaries A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary is authorized to receive, is not responsible for the proper application thereof by the fi…

3B:14-55. Check drawn by and payable to fiduciary If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw the instrument in the name of his principal, payable to the fiduciary personally, or payable to …

3B:14-56. Deposit in name of fiduciary; checks; when bank liable If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which the dep…

3B:14-57. Checks drawn by fiduciary upon principal's account If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay the check without being liable to the principal,…

3B:14-58. Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks 3B:14-58. Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks. a. If a fiduciary makes a deposit in a bank to his personal credit of…

3B:14-59. Deposit in names of two or more trustees; liability of payee, holder or bank When a deposit is made in a bank in the names of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or truste…

3B:14-6. Penalty for failure of removed or discharged fiduciary to account or deliver assets A fiduciary who fails to account as provided by N.J.S. 3B:14-7 or who fails to comply with the provisions of N.J.S. 3B:14-5, or any order entered thereunder, shall be liable to a fine not…

3B:14-60. Cases not provided for in article In any case not provided for in this article, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, commercial transactions and banking, shall continue to apply. L.1981, c.…

3B:14-61. Uniformity of interpretation The article shall be so interpreted and construed as to effectuate its general purpose to make uniform laws of those states which enact it. L.1981, c. 405, s. 3B:14-61, eff. May 1, 1982.

3B:14-61.1 Short title. 1. Short Title. This act shall be known and may be cited as the "Uniform Fiduciary Access to Digital Assets Act." L.2017, c.237, s.1.

3B:14-61.10 Disclosure of other digital assets of principal. 10. Disclosure of Other Digital Assets of Principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority o…

3B:14-61.11 Disclosure of digital assets held in trust when trustee is original user. 11. Disclosure of Digital Assets Held in Trust When Trustee is Original User. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an ori…

3B:14-61.12 Disclosure of contents of electronic communications held in trust when trustee not original user. 12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or prov…

3B:14-61.13 Disclosure of other digital assets held in trust when trustee not original user. 13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall…

3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person. 14. Disclosure of Digital Assets to Guardian of Incapacitated Person. a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an…

3B:14-61.15 Fiduciary and designated recipient duty and authority. 15. Fiduciary and Designated Recipient Duty and Authority. a. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of c…

3B:14-61.16 Custodian compliance and immunity. 16. Custodian Compliance and Immunity. a. Not later than 60 days after receipt of the information required under sections 7 through 15 of this act, a custodian shall comply with a request under this act from a fiduciary or designated…

3B:14-61.17 Uniformity of application and construction. 17. Uniformity of Application and Construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact…

3B:14-61.18 Relation to electronic signatures in global and national commerce act. 18. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 e…

3B:14-61.2 Definitions. 2. Definitions. As used in this act: "Account" means an arrangement under a terms-of-service in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. "Agent" means an att…

3B:14-61.3 User's residence in State, inapplicability of act to employers' digital assets. 3. User's Residence in State; Inapplicability of Act to Employers' Digital Assets. a. This act applies to a custodian if the user resides in this State or resided in this State at the time …