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

3B:3-39. Construction when "heirs and assigns" omitted from devise; fee passed When a devise of real estate within this State to any devisee omits the words "heirs and assigns" and the will contains no expressions indicating an intent to devise only an estate for life, or the rea…

3B:3-4 Making will self-proved at time of execution. 3B:3-4. Any will executed on or after September 1, 1978 may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer auth…

3B:3-40. Words importing estate in fee not to prevent further devise In any devise of real or personal property set forth in a will, the giving to one person of an indeterminate or other interest in the property or an estate in fee therein or absolute ownership thereof, together …

3B:3-41 Issue and descendants to take by representation. 3B:3-41. Issue and descendants to take by representation. Where under any governing instrument provision is made for the benefit of issue and descendants and no contrary intention is expressed, the issue or descendants shal…

3B:3-42 Increase in securities, accessions. 3B:3-42. a. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the a…

3B:3-43 Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent. 3B:3-43. If specifically devised property is sold or mortgaged by a guardian for a testator, or by an agent acting within the authority of a d…

3B:3-44 Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure. 3B:3-44. A specific devisee has the right to the remaining specifically devised property in the testator's estate at death and: a. Any balance of the purchase price (together with an…

3B:3-45 Exercise of power of appointment. 3B:3-45. Exercise of power of appointment. a. Unless the terms of a will, trust, or other governing instrument expressly provide otherwise, whenever such will , trust, or other governing instrument grants a power of appointment to another…

3B:3-46 Ademption by satisfaction. 3B:3-46. a. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a conte…

3B:3-47. Penalty clause for contesting will A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. L.1981, c. 405, s.…

3B:3-48 Construction of generic terms included in class gift terminology. 3B:3-48. a. Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance w…

3B:3-49. Effect of final order of court of another state admitting will to probate or determining validity or construction A final order of a court of another state admitting a will to probate or determining the validity or construction of a will made in a proceeding involving no…

3B:3-5 Making will self-proved subsequent to time of execution. 3B:3-5. A will executed in compliance with N.J.S.3B:3-2 may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made bef…

3B:3-6. Validating acknowledgment An acknowledgment to make a will self-proved taken on or after September 1, 1978, but before October 11, 1979, pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to make a will self-proved under N.J.S. 3B:3-4 or N.J.S. 3B:3-5 is a valid ackno…

3B:3-7 Who may witness a will. 3B:3-7. Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof. L.1981, c.405, s.3B:3-7, eff. May 1, 1982; amended 2004, c.132, s.13.

3B:3-8. Will not invalidated if signed by interested witness A will or any provision thereof is not invalid because the will is signed by an interested witness. L.1981, c. 405, s. 3B:3-8, eff. May 1, 1982.

3B:3-9. Laws determining valid execution of will A written will is validly executed if executed in compliance with N.J.S. 3B:3-2 or N.J.S. 3B:3-3 or its execution was in compliance with the law of the place where it was executed, or with the law of the place where at the time of …

3B:4-1. Short title This chapter shall be known and may be cited as the "New Jersey Testamentary Additions to Trusts Law." L.1981, c. 405, s. 3B:4-1, eff. May 1, 1982.

3B:4-2 Devise to trustee of trust created other than by testator's will. 3B:4-2. A will may validly devise property to the trustee of a trust established or a trust which will be established: (1) during the testator's lifetime by the testator, or by the testator and some other pe…

3B:4-3 Devise not invalidated because trust is amendable or revocable. 3B:4-3. A devise made as provided in N.J.S.3B:4-2 shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. L.1…

3B:4-4 Administration of trust. 3B:4-4. Unless the testator's will provides otherwise, property devised to a trust described in N.J.S.3B:4-2 shall not be deemed to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is devised and …

3B:4-5 Lapse of devise. 3B:4-5. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. L.1981, c.405, s.3B:4-5, eff. May 1, 1982; amended 2004, c.132, s.43.

3B:5-1 Requirement that heir survive decedent by 120 hours. 3B:5-1. For the purposes of intestate succession an individual who is not established by clear and convincing evidence to have survived the decedent by 120 hours is deemed to have predeceased the decedent. This section i…

3B:5-10 Establishment of Parent-Child Relationship. 3B:5-10. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from an individual, in cases not covered by N.J.S.3B:5-9, an individual is the…

3B:5-11 Debt to decedent. 3B:5-11. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendant…

3B:5-12 Aliens not disqualified; individuals related to decedent through two lines. 3B:5-12. a. An individual is not disqualified to take as an heir because he or an individual through whom he claims is or has been an alien. b. An individual who is related to the decedent through…

3B:5-13 Advancements. 3B:5-13. a. If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate sh…

3B:5-14 Tenancy in common; marriage and domestic partnership settlements. 3B:5-14. Tenancy in common; marriage and domestic partnership settlements. Property descending and distributable under this article to two or more persons shall devolve upon them as tenants in common. Nothi…

3B:5-14.1 "Minor" defined; loss of right to intestate succession by parent, certain circumstances. 4. a. As used in this section, "minor" means a person under the age of 18 years. b. A parent of a decedent shall lose all right to intestate succession in any part of the decedent's…

3B:5-15 Entitlement of spouse or domestic partner; premarital will. 3B:5-15. Entitlement of spouse or domestic partner; premarital will. a. If a testator's surviving spouse married the testator after the testator executed the testator's will, or if a testator's domestic partner f…

3B:5-16 Omitted children. 3B:5-16. a. Except as provided in subsection b., if a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted after-born or after-adopted child receives a share in the estate as follows; …

3B:5-2 Intestate estate. 3B:5-2. a. Any part of the decedent's estate not effectively disposed of by his will passes by intestate succession to the decedent's heirs as prescribed in N.J.S.3B:5-3 through N.J.S.3B:5-14, except as modified by the decedent's will. b. A decedent by wi…

3B:5-3 Intestate share of decedent's surviving spouse, partner in a civil union, domestic partner. 3B:5-3. Intestate share of decedent's surviving spouse, partner in a civil union, or domestic partner. The intestate share of the surviving spouse, partner in a civil union, or dome…

3B:5-4 Intestate shares of heirs other than surviving spouse, partner in a civil union, domestic partner. 3B:5-4. Intestate shares of heirs other than surviving spouse, partner in a civil union, or domestic partner. Any part of the intestate estate not passing to the decedent's s…

3B:5-5.1 Diligent inquiry by fiduciary to find heirs. 1. If it appears to a fiduciary administering an intestate estate that there may be individuals whose names or addresses are unknown who may be entitled to participate in the distribution of the estate, the fiduciary shall mak…

3B:5-6 Determining representation. 3B:5-6. a. As used in this section: (1) "Deceased descendant," "deceased parent," or "deceased grandparent" means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under N.J.S.3…

3B:5-7. Relatives of the half blood Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. L.1981, c. 405, s. 3B:5-7, eff. May 1, 1982.

3B:5-8 After born heirs. 3B:5-8. After born heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. Amended 2004, c.132, s.50; 2005, c.160, s.7.

3B:5-9 Adopted child. 3B:5-9. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through or from an individual, the relationships and rights of a minor adopted child shall be those as provided in sectio…

3B:6-1. Short title This chapter shall be known and may be cited as the "Uniform Simultaneous Death Law." L.1981, c. 405, s. 3B:6-1, eff. May 1, 1982.

3B:6-2. Disposition of property of persons dying simultaneously Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be …

3B:6-3. Division of property, two or more beneficiaries Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise th…

3B:6-4. Division of property, joint tenants or tenants by the entirety Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and on…

3B:6-5. Distribution of proceeds of life or accident policies Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distr…

3B:6-6. Chapter not to apply in certain cases This chapter shall not apply to a devolution of property of a decedent under a will or upon intestacy, where the law provides that in order to take on the devolution, a person shall survive the decedent by 120 hours, living trusts, de…

3B:6-7. Construction and interpretation This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. L.1981, c. 405, s. 3B:6-7, eff. May 1, 1982.