3B:3-31. Where judgment has been or shall be entered by any surrogate's court in this State or Superior Court of the State, admitting to probate the will of any individual whether or not a resident of the State at his death and 7 years have elapsed after the judgment, the judgment unless set aside, shall, as to all matters adjudicated thereby, be conclusive upon the title to real estate.
L.1981, c.405, s.3B:3-31, eff. May 1, 1982; amended 2004, c.132, s.26
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3B:3-30. Allowances by Superior Court to spouse or children pending contest over probate of will
If a contest is pending over the probate of any paper purporting to be a will, the Superior Court may, on application by the widow or widower of the decedent, by any of decedent's children, or by any children of any of decedent's deceased children, order the person having the custody of the decedent's estate to pay out of the income of the estate, pending the contest, an allowance for the support and maintenance of the widow, widower, child or children as the court may deem just; and any further allowance out of the income, or, if need be, out of the corpus, of the estate as may be necessary to meet the expenses incurred or to be incurred in conducting the contest.
To entitle a widow or widower to the benefit of this section the applicant must have been ceremonially married to the decedent and been living with him or her as his or her spouse at decedent's death.
L.1981, c. 405, s. 3B:3-30, eff. May 1, 1982.
To entitle a widow or widower to the benefit of this section the applicant must have been ceremonially married to the decedent and been living with him or her as his or her spouse at decedent's death.
L.1981, c. 405, s. 3B:3-30, eff. May 1, 1982.
3B:3-29. Order to compel production of purported will
The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate.
L.1981, c. 405, s. 3B:3-29, eff. May 1, 1982.
L.1981, c. 405, s. 3B:3-29, eff. May 1, 1982.
3B:3-28.1 Probate of will of nonresident where laws of decedent's domicile are discriminatory.
3B:3-28.1. Where the will of any individual who is not resident in this State at the time of his death has not been admitted to probate in the state in which he resided and no proceeding is there pending for the probate of the will, the Superior Court may admit the will to probate and grant letters thereon if the laws of that state discriminate against residents of New Jersey either as a beneficiary or as a fiduciary.
L.1981, c.405, s.3B:3-28.1, eff. May 1, 1982; amended 2004, c.132, s.25.
L.1981, c.405, s.3B:3-28.1, eff. May 1, 1982; amended 2004, c.132, s.25.
3B:3-28 Probate of will of nonresident decedent where property situated in New Jersey.
3B:3-28. Where the will of any individual not resident in this State at his death has not been admitted to probate in the state, jurisdiction or country in which he then resided and no proceeding is there pending for the probate of the will, and he died owning real estate situate in any county of this State or personal property, or evidence of the ownership thereof, situate therein at the time of probate, the Superior Court or the surrogate's court may admit the will to probate and grant letters thereon.
L.1981, c.405, s.3B:3-28, eff. May 1, 1982; amended 1997, c.20; 2004, c.132, s.24.
L.1981, c.405, s.3B:3-28, eff. May 1, 1982; amended 1997, c.20; 2004, c.132, s.24.
3B:3-27. Recording of will of nonresident probated in another state or country
A copy of any will or of the record of any will of a decedent not resident in this State at his death, admitted to probate in any state of the United States or other jurisdiction or country, and of the certificate or judgment for probate, and if title to real estate of the decedent depends on the conveyance by an executor, administrator with the will annexed, substituted administrator with the will annexed, trustee or substituted trustee, of the record of the grant of letters testamentary thereon, or of administration, or substitutionary administration, with the will annexed, or of a copy of the letters, attested and certified pursuant to the rules of the Supreme Court or, if it be a record of any state of the United States, exemplified and authenticated according to the act of Congress, heretofore or hereafter filed and recorded in the office of the surrogate of any county in this State, shall have the same force and effect in respect to all real estate whereof the testator died seized, as if the will had been admitted to probate and the letters aforesaid had been issued in this State, provided it appears either from the deposition in the record or the attestation clause, or by a deposition taken under a commission or otherwise, that the will is valid under the laws of this State.
All conveyances of the real estate heretofore or hereafter made by any executor, administrator with the will annexed, substituted administrator with the will annexed, trustee, substituted trustee, or the survivor or survivors of them, or by any devisee or persons claiming under the devisee shall be as valid as if the will had been admitted to probate and letters aforesaid had been issued in this State.
Certified copies of the will, deposition, judgment for probate and letters, or of the record thereof, shall be received in evidence in all the courts of this State.
L.1981, c. 405, s. 3B:3-27, eff. May 1, 1982.
All conveyances of the real estate heretofore or hereafter made by any executor, administrator with the will annexed, substituted administrator with the will annexed, trustee, substituted trustee, or the survivor or survivors of them, or by any devisee or persons claiming under the devisee shall be as valid as if the will had been admitted to probate and letters aforesaid had been issued in this State.
Certified copies of the will, deposition, judgment for probate and letters, or of the record thereof, shall be received in evidence in all the courts of this State.
L.1981, c. 405, s. 3B:3-27, eff. May 1, 1982.
B:3-26 Probate of will of nonresident probated in another state or country.
3B:3-26. When the will of any individual not resident in this State at his death shall have been admitted to probate in any state of the United States or other jurisdiction or country, the surrogate's court of any county may admit it to probate for any purpose and issue letters thereon, provided the will is valid under the laws of this State.
L.1981, c.405, s.3B:3-26, eff. May 1, 1982; amended 2004, c.132, s.23.
L.1981, c.405, s.3B:3-26, eff. May 1, 1982; amended 2004, c.132, s.23.
3B:3-25. Filing probate record with surrogate of any county
When a will devising real estate has been duly admitted to probate by the Superior Court, any person interested therein may file with the surrogate of any county a certified copy of the will, the complaint or application for probate, the proofs, the judgment or order for probate and the letters testamentary issued thereon. The surrogate shall thereupon record them which record, or a certified copy thereof, shall be received in evidence in any cause involving the title to real estate in that county as if the will had been originally admitted to probate before the surrogate.
L.1981, c. 405, s. 3B:3-25, eff. May 1, 1982.
L.1981, c. 405, s. 3B:3-25, eff. May 1, 1982.
3B:3-24 Where a will of a resident is to be probated; effect of failure to probate.
3B:3-24. The will of any individual resident within any county of this State at his death may be admitted to probate in the surrogate's court of the county or in the Superior Court. If the will of any individual resident within the State at his death is probated outside the State, it shall be without effect unless or until probate is granted within the State.
L.1981, c.405, s.3B:3-24, eff. may 1, 1982; amended 2004, c.132, s.22.
L.1981, c.405, s.3B:3-24, eff. may 1, 1982; amended 2004, c.132, s.22.
3B:3-23. Proof of execution required in contested probate action
If an issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the attesting witnesses, if within the State, competent and able to testify, is required. Other evidence is admissible as to the due execution of a will.
L.1981, c. 405, s. 3B:3-23, eff. May 1, 1982.
L.1981, c. 405, s. 3B:3-23, eff. May 1, 1982.
3B:3-22. Time for probate of will; preliminary filing
No will shall be admitted to probate until after 10 days from the death of the testator; but the complaint and other papers in any action for the probate of a will may be filed, and the depositions of the witnesses thereto and the qualification of the executor or administrator with the will annexed may be taken at any time subsequent to the death of the testator and before the will is admitted to probate.
L.1981, c. 405, s. 3B:3-22, eff. May 1, 1982.
L.1981, c. 405, s. 3B:3-22, eff. May 1, 1982.
3B:3-21. Probate of will where witnesses are in service in time of war
When the only living subscribing witness or witnesses, to the will of a resident of this State, is not or are not available in this State to prove the will, because of absence from the State while in the armed forces of the United States or of any ally of the United States, or while in the merchant marine, in time of war or national emergency, the will shall be admitted to probate upon proof of the signatures of the witnesses to the will, provided the will would then have been admitted to probate if the witnesses were dead.
L.1981, c. 405, s. 3B:3-21, eff. May 1, 1982.
L.1981, c. 405, s. 3B:3-21, eff. May 1, 1982.
3B:3-20 Probate of a will of testator who died in military service or within 2 years of discharge.
N.J.S.3B:3-20. When a resident of this State dies while a member of the armed forces of the United State or within 2 years from the date of his discharge from the armed forces and no witness to his will is available in this State to prove the will, either because of death, incapacity, nonresidence, absence, or for any other reason, the will shall be admitted to probate upon proof of the signature of the testator by any two individuals, provided the will was validly executed as provided in N.J.S.3B:3-9, and the will would have been admitted to probate if the witnesses were dead.
L.1981, c.405, s.3B:3-20, eff. May 1, 1982; amended 2004, c.132, s.21.
L.1981, c.405, s.3B:3-20, eff. May 1, 1982; amended 2004, c.132, s.21.
3B:3-19 Proof required to probate will.
3B:3-19. A will executed as provided in N.J.S.3B:3-2 may be admitted to probate by the surrogate upon the proof of one of the attesting witnesses or by some other individual having knowledge of the facts relating to the proper execution of the will by the testator and its attestation by one of the witnesses.
A will executed and acknowledged in the manner provided in N.J.S.3B:3-4, or N.J.S.3B:3-5 may be admitted to probate by the surrogate without further affidavit, deposition or proof.
A writing intended as a will may be admitted to probate only in the manner provided by the Rules Governing the Courts of the State of New Jersey.
L.1981, c.405, s.3B:3-19, eff. May 1, 1982; amended 2004, c.132, s.20.
A will executed and acknowledged in the manner provided in N.J.S.3B:3-4, or N.J.S.3B:3-5 may be admitted to probate by the surrogate without further affidavit, deposition or proof.
A writing intended as a will may be admitted to probate only in the manner provided by the Rules Governing the Courts of the State of New Jersey.
L.1981, c.405, s.3B:3-19, eff. May 1, 1982; amended 2004, c.132, s.20.
3B:3-18. Necessity to probate will to transfer property or nominate executor
3B:3-18. Necessity to probate will to transfer property or nominate executor
To be effective to prove the transfer of any property or to nominate an executor, a will must be admitted to probate.
L.1981, c. 405, s. 3B:3-18, eff. May 1, 1982.
To be effective to prove the transfer of any property or to nominate an executor, a will must be admitted to probate.
L.1981, c. 405, s. 3B:3-18, eff. May 1, 1982.
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3B:3-17. Probate of will and grant of letters
3B:3-17. The surrogates of the several counties or the Superior Court may take depositions to wills, admit the same to probate, and grant thereon letters testamentary or letters of administration with the will annexed.
L.1981, c.405, s.3B:3-17, eff. may 1, 1982; amended 2004, c.132, s.19.
L.1981, c.405, s.3B:3-17, eff. may 1, 1982; amended 2004, c.132, s.19.
3B:3-16 Methods of altering will
3B:3-16 Methods of altering will
No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in the manner in which wills are required by law to be executed.
No devise in, or clause of a will may be altered, except by another will or codicil or other writing declaring the alteration executed in the manner in which wills are required by law to be executed.
3B:3-15 Revival of revoked will.
3B:3-15 Revival of revoked will.
3B:3-15. a. Except as otherwise provided in N.J.S.3B:3-14 or as provided in subsections b., c. and d. of this section, a revoked will or codicil shall not be revived except by reexecution or by a duly executed codicil expressing an intention to revive it.
b.If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act described in N.J.S.3B:3-13, the previous will remains revoked unless it is revived. The previous will is revived if there is clear and convincing evidence from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
c.If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act described in N.J.S.3B:3-13, a revoked part of the previous will is revived unless there is clear and convincing evidence from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
d.If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
L.1981, c.405, s.3B:3-15, eff. May 1, 1982.
3B:3-15. a. Except as otherwise provided in N.J.S.3B:3-14 or as provided in subsections b., c. and d. of this section, a revoked will or codicil shall not be revived except by reexecution or by a duly executed codicil expressing an intention to revive it.
b.If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act described in N.J.S.3B:3-13, the previous will remains revoked unless it is revived. The previous will is revived if there is clear and convincing evidence from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
c.If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act described in N.J.S.3B:3-13, a revoked part of the previous will is revived unless there is clear and convincing evidence from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
d.If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
L.1981, c.405, s.3B:3-15, eff. May 1, 1982.
3B:3-14 Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
3B:3-14 Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
3B:3-14. Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
a.Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce or annulment, a divorce or annulment:
(1)revokes any revocable:
(a)dispositions or appointment of property made by a divorced individual to his former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse;
(b) provision in a governing instrument conferring a general or special power of appointment on the divorced individual's former spouse, or on a relative of the divorced individual's former spouse; and
(c)nomination in a governing instrument of a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary or representative capacity; and
(2)severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as tenants by the entireties, transforming the interests of the former spouses into tenancies in common.
In the event of a divorce or annulment, provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment. If provisions are revoked solely by this section, they are revived by the divorced individual's remarriage to the former spouse or by the revocation, suspension or nullification of the divorce or annulment. No change of circumstances other than as described in this section and in N.J.S.3B:7-1 effects a revocation or severance.
A severance under paragraph (2) of subsection a. does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouse unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
b.For purposes of this section: (1) "divorce or annulment" means any divorce or annulment, or other dissolution or declaration of invalidity of a marriage including a judgment of divorce from bed and board; (2) "governing instrument" means a governing instrument executed by the divorced individual before the divorce or annulment; (3) "divorced individual "includes an individual whose marriage has been annulled; and (4) "relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption or affinity.
c.This section does not affect the rights of any person who purchases property from a former spouse for value and without notice, or receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, which the former spouse was not entitled to under this section, but the former spouse is liable for the amount of the proceeds or the value of the property to the person who is entitled to it under this section.
d.A payor or other third party making payment or transferring an item of property or other benefit according to the terms of a governing instrument affected by a divorce or annulment is not liable by reason of this section unless prior to such payment or transfer it has received at its home or principal address written notice of a claimed revocation, severance or forfeiture under this section.
L.1981, c.405, s.3B:3-14, eff. May 1, 1982; amended 2004, c.132, s.17; 2005, c.160, s.4.
3B:3-14. Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.
a.Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce or annulment, a divorce or annulment:
(1)revokes any revocable:
(a)dispositions or appointment of property made by a divorced individual to his former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse;
(b) provision in a governing instrument conferring a general or special power of appointment on the divorced individual's former spouse, or on a relative of the divorced individual's former spouse; and
(c)nomination in a governing instrument of a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary or representative capacity; and
(2)severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as tenants by the entireties, transforming the interests of the former spouses into tenancies in common.
In the event of a divorce or annulment, provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment. If provisions are revoked solely by this section, they are revived by the divorced individual's remarriage to the former spouse or by the revocation, suspension or nullification of the divorce or annulment. No change of circumstances other than as described in this section and in N.J.S.3B:7-1 effects a revocation or severance.
A severance under paragraph (2) of subsection a. does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouse unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
b.For purposes of this section: (1) "divorce or annulment" means any divorce or annulment, or other dissolution or declaration of invalidity of a marriage including a judgment of divorce from bed and board; (2) "governing instrument" means a governing instrument executed by the divorced individual before the divorce or annulment; (3) "divorced individual "includes an individual whose marriage has been annulled; and (4) "relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption or affinity.
c.This section does not affect the rights of any person who purchases property from a former spouse for value and without notice, or receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, which the former spouse was not entitled to under this section, but the former spouse is liable for the amount of the proceeds or the value of the property to the person who is entitled to it under this section.
d.A payor or other third party making payment or transferring an item of property or other benefit according to the terms of a governing instrument affected by a divorce or annulment is not liable by reason of this section unless prior to such payment or transfer it has received at its home or principal address written notice of a claimed revocation, severance or forfeiture under this section.
L.1981, c.405, s.3B:3-14, eff. May 1, 1982; amended 2004, c.132, s.17; 2005, c.160, s.4.
3B:3-13 Revocation by writing or by act.
3B:3-13 Revocation by writing or by act.
3B:3-13. A will or any part thereof is revoked:
a.By the execution of a subsequent will that revokes the previous will or part expressly or by inconsistency; or
b.By the performance of a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection, "revocatory act on the will" includes burning, tearing canceling, obliterating or destroying the will or any part of it. A burning, tearing or cancelling is a "revocatory act on the will," whether or not the burn, tear, or cancellation touched any of the words on the will.
(1)If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(2) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(3)The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
L.1981, c.405, s.3B:3-13, eff. May 1, 1982; amended 2004, c.132, s.16.
3B:3-13. A will or any part thereof is revoked:
a.By the execution of a subsequent will that revokes the previous will or part expressly or by inconsistency; or
b.By the performance of a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection, "revocatory act on the will" includes burning, tearing canceling, obliterating or destroying the will or any part of it. A burning, tearing or cancelling is a "revocatory act on the will," whether or not the burn, tear, or cancellation touched any of the words on the will.
(1)If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(2) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(3)The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
L.1981, c.405, s.3B:3-13, eff. May 1, 1982; amended 2004, c.132, s.16.
3B:3-12. Acts and events of independent significance
3B:3-12. Acts and events of independent significance
A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testators death. The execution or revocation of a will of another person is such an event.
A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testators death. The execution or revocation of a will of another person is such an event.
3B:3-11. Identifying devise of tangible personal property by separate writing
3B:3-11. Identifying devise of tangible personal property by separate writing
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testators death: it maybe be prepared before or after the execution of the will; it maybe be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testators death: it maybe be prepared before or after the execution of the will; it maybe be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.
3B:3-10. Incorporation by reference
3B:3-10. Incorporation by reference
Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
3B:3-9. Laws determining valid execution of will
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 at the time of death the testator was domiciled, had a place of abode or was a national.
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 at the time of death the testator was domiciled, had a place of abode or was a national.
3B:3-8. Will not invalidated if signed by interested witness
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.
A will or any provision thereof is not invalid because the will is signed by an interested witness.
3B:3-7. Who may witness a will
3B:3-7. Who may witness a will
Any person generally competent to be a witness may act as a witness to a will and testify concerning the execution thereof.
Any person generally competent to be a witness may act as a witness to a will and testify concerning the execution thereof.
3B:3-7. Who may witness a will
3B:3-7. Who may witness a will
Any person generally competent to be a witness may act as a witness to a will and testify concerning the execution thereof.
Any person generally competent to be a witness may act as a witness to a will and testify concerning the execution thereof.
3B:3-6. Validating acknowledgment
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 acknowledgment, notwithstanding that the certificate of acknowledgment does not have the officer's official seal affixed thereto.
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 acknowledgment, notwithstanding that the certificate of acknowledgment does not have the officer's official seal affixed thereto.
3B:3-5. Making will self-proved subsequent to time of execution
3B:3-5. Making will self-proved subsequent to time of execution
A will executed in compliance with N.J.S 3B:3-2 maybe 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 before an officer authorized pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, attached or annexed to the will in substantially the following form:
The State of ...............
County of ..................
We, ........., ................, and ............, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, be duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as this last will and that he had singed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witnesses and that to the best of his knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence.
.................
Testator
.................
Witness
.................
Witness
Subscribed, sworn to and acknowledged before me by ......., the testator, and subscribed and sworn to before me by ............. and ................., witnesses, this ............... day of ..................
(Signed) ........................
........................
(Official capacity of officer)
A will executed in compliance with N.J.S 3B:3-2 maybe 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 before an officer authorized pursuant to R.S. 46:14-6, R.S. 46:14-7 or R.S. 46:14-8 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, attached or annexed to the will in substantially the following form:
The State of ...............
County of ..................
We, ........., ................, and ............, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, be duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as this last will and that he had singed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witnesses and that to the best of his knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence.
.................
Testator
.................
Witness
.................
Witness
Subscribed, sworn to and acknowledged before me by ......., the testator, and subscribed and sworn to before me by ............. and ................., witnesses, this ............... day of ..................
(Signed) ........................
........................
(Official capacity of officer)
3B:3-4. Making will self-proved at time of execution
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 authorized pursuant to R.S.46:14-6.1 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, in substantially the following form:
I, .........., the testator, sign my name to this instrument this .... day of ......., 20..., and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
.........................................
Testator
We,............., the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's last will and that the testator signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
........................................
Witness
........................................
Witness
The State of................
County of...................
Subscribed, sworn to and acknowledged before me by ................, the testator and subscribed and sworn to before me by ............ and ............., witnesses, this ............. day of.................
(Signed).............................
................................
(Official capacity of officer)
L.1981, c.405, s.3B:3-4, eff. May 1, 1982; amended 1991, c.255; 2004, c.132, s.11.
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 authorized pursuant to R.S.46:14-6.1 to take acknowledgments and proofs of instruments entitled to be recorded under the laws of this State, in substantially the following form:
I, .........., the testator, sign my name to this instrument this .... day of ......., 20..., and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
.........................................
Testator
We,............., the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's last will and that the testator signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
........................................
Witness
........................................
Witness
The State of................
County of...................
Subscribed, sworn to and acknowledged before me by ................, the testator and subscribed and sworn to before me by ............ and ............., witnesses, this ............. day of.................
(Signed).............................
................................
(Official capacity of officer)
L.1981, c.405, s.3B:3-4, eff. May 1, 1982; amended 1991, c.255; 2004, c.132, s.11.
3B:3-3. Writings intended as wills.
3B:3-3 Writings intended as wills.
Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.3B:3-2 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.
L.1981, c.405, s.3B:3-3, eff. May 1, 1982; amended 2004, c.132, s.10; 2005, c.160, s.3.
Although a document or writing added upon a document was not executed in compliance with N.J.S.3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.3B:3-2 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.
L.1981, c.405, s.3B:3-3, eff. May 1, 1982; amended 2004, c.132, s.10; 2005, c.160, s.3.
3B:3-2. Formal execution of will
3B:3-2 Execution; witnessed wills; writings intended as wills.
3B:3-2. Execution; witnessed wills; writings intended as wills.
a.Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be:
(1)in writing;
(2)signed by the testator or in the testator's name by some other individual in the testator's conscious presence and at the testator's direction; and
(3)signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
b.A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
c.Intent that the document constitutes the testator's will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator's handwriting.
L.1981, c.405, s.3B:3-2, eff. May 1, 1982; amended 2004, c.132, s.9; 2005, c.160, s.2.
3B:3-2. Execution; witnessed wills; writings intended as wills.
a.Except as provided in subsection b. and in N.J.S.3B:3-3, a will shall be:
(1)in writing;
(2)signed by the testator or in the testator's name by some other individual in the testator's conscious presence and at the testator's direction; and
(3)signed by at least two individuals, each of whom signed within a reasonable time after each witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
b.A will that does not comply with subsection a. is valid as a writing intended as a will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
c.Intent that the document constitutes the testator's will can be established by extrinsic evidence, including for writings intended as wills, portions of the document that are not in the testator's handwriting.
L.1981, c.405, s.3B:3-2, eff. May 1, 1982; amended 2004, c.132, s.9; 2005, c.160, s.2.
3B:3-1. Person competent to make a will and appoint a testamentary guardian
3B:3-1. Person competent to make a will and appoint a testamentary guardian
Any person 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian.
Any person 18 or more years of age who is of sound mind may make a will and may appoint a testamentary guardian.
3B:2-8. Penalty for failure to obey subpoena
3B:2-8. Penalty for failure to obey subpoena
Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give evidence, without reasonable cause assigned, shall for every such default or refusal, be subject to a fine of not more than $50.00, as surrogate's court issuing the subpoena shall by judgment determine proper to impose. The fine, when collected, shall be paid to the county.
In default of the payment of a fine so imposed, the surrogate's court by its judgment may commit the witness to the county jail of the county until it is paid or he is sooner discharged.
The judgment of the surrogate's court imposing a fine or committing a witness to jail shall be reviewable by the Superior Court in the same manner as other judgments of the court are reviewed.
Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give evidence, without reasonable cause assigned, shall for every such default or refusal, be subject to a fine of not more than $50.00, as surrogate's court issuing the subpoena shall by judgment determine proper to impose. The fine, when collected, shall be paid to the county.
In default of the payment of a fine so imposed, the surrogate's court by its judgment may commit the witness to the county jail of the county until it is paid or he is sooner discharged.
The judgment of the surrogate's court imposing a fine or committing a witness to jail shall be reviewable by the Superior Court in the same manner as other judgments of the court are reviewed.
3B:2-7. Issuance of subpoenas by surrogate
3B:2-7. Issuance of subpoenas by surrogate
A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogates court.
A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogates court.
3B:2-6. Oaths; affidavit; deposition or proof
3B:2-6. Oaths; affidavit; deposition or proof
Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, his court, or in the Superior Court, or necessary or proper to be used before the surrogate or the court, may be made and taken before the surrogate or before any person authorized by law to administer oaths. Qualification of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court.
Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, his court, or in the Superior Court, or necessary or proper to be used before the surrogate or the court, may be made and taken before the surrogate or before any person authorized by law to administer oaths. Qualification of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court.
3B:2-5. Disputes or doubts in proceedings before the surrogate
3B:2-5. Disputes or doubts in proceedings before the surrogate
In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither he nor the court shall take any further action therein, except in accordance with the order of the Superior Court.
In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither he nor the court shall take any further action therein, except in accordance with the order of the Superior Court.
3B:2-4. Proceedings in Superior Court on order to show cause
3B:2-4. Proceedings in Superior Court on order to show cause
The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner.
The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner.
3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
3B:2-2. General authority of Superior Court as to probate matters
3B:2-2. General authority of Superior Court as to probate matters
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
3B:2-1. Jurisdiction of Superior Court not affected
3B:2-1. Jurisdiction of Superior Court not affected
The provisions of this title are not intended and shall not be so contrued as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
The provisions of this title are not intended and shall not be so contrued as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
3B: 1-9 Effect of fraud and evasion
3B: 1-9 Effect of fraud and evasion
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commision of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affeccts the succession of his estate.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commision of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affeccts the succession of his estate.
3B: 1-8 Application of title to wills
3B: 1-8 Application of title to wills
The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978.
The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978.
3B: 1-7 Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decent
3B: 1-7 Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decent
Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a personal representative or to rights of creditors to any extent beyond that to which it would otherwise be if the testamentary trust was an inter vivos trust.
Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a personal representative or to rights of creditors to any extent beyond that to which it would otherwise be if the testamentary trust was an inter vivos trust.
3B: 1-6 Law governing rights, duties and powers of fiduciaries
The provisions of this title shall govern the rights, duties, and powers of successors and fiduciaries relating to the administration of all estates except that the validity and propriety of all acts done by a fiduciary and all rights established in successors prior to September 1, 1978, shall remain determined under the law as then in effect.
3B: 1-5 Effect upon vested rights and remedies
The repeal of any sections, acts or parts of acts by the enactment of this title shall not affect any right now vested in any person pursuant to any sections, acts or parts of acts so repealed, nor any remedy where an action or proceeding thereunder has been institued and is pending on the effective date of this title.
3B:1-4 Contractual arrangements relating to death
A contract to make a will or devise, or not to revoke a weill or devise, or to die intestate, if executed after September 1, 1978, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
3B:1-3. Devolution of property upon death
Upon the death of a person, his real and personal property devolves to the persons to whom it is devised by his ill or to those indicated as substitues for them in cases involving lape, renunciation, or other circumstances affecting the devolution of testate, or in the absence of testmentary dispostion, to his heirs, or to those indicated as subbstitues for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject ot rights of creditors and to aministration.
L. 1891, c. 405 3B:1-3, eff. May 1, 1982
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L. 1891, c. 405 3B:1-3, eff. May 1, 1982
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3B:1-2 Definitions: I to Z
"Issue" of a person includes all of his lineal descendants, natural or adopted, of all generations, with the relationship of parent and child at each generation being determined by by the definition of child and parent.
"Local administration" means administration by a personal representative appointed in this State.
"Local fiduciary" means any fiduciary who has received letters in this State and excludes foreign fiduciaries who acquire the power of local fidcuary persuant to this title.
"Mental incompetent" means a person who is impaired by reason of mental illness or mental deficiency to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
The term "mental incompetent" is also used to dsignate a person who is impaired by reason of physical illness or disability, chronic use of drugs, chronic alcoholism, or other cause (except minority) to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
The term "mental incompetency" and "mental imcompetent" refer to the state or condition of a "mental incompetent" as hereinbefore defined.
"Minor" means a person who is under 18 years of age.
"Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of his death.
"Parent" means any person entitled to take or would be entitled to take if the child, natural or adopted, died without a will, by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent foster parent of grandparent.
"Personal representative" includes executor, administrator, successor personal repreentative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes special administrator.
"Resident creditor" means a person domiciled in, or doing business in this State, who is, or could be, a caimant against an estate.
"Security" includes any note, stock, treasury stock, bond, mortgage, financing statement, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under the title of lease, collateral, trust certificate, transferable share, voting trust certificate or, in general, any interest or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.
"Successor personal representative" means a personal representative, other than a special administrator, who is appinted to succeed a previously appointed personal representative.
"Successors" means those persons, other than creditors, who are entitiled to real and personal property of a decedent under his will or the laws governing intestate succession.
"Testamentary trustee" means a trustee designated by will or appointed to exercise a trust created by will.
"Trust" includes any express trust, private, or charitable , with additions thereto, wherever and however created. It also includes a trust created by judgement under which the trust is to be administered in the matter of an express trust. "Trust" excludes other constructive trusts, and it excludes resulting trusts, guardinships, personal representatives, trust accounts created under the "Multiple-party Deposit Account Act," P.L. 1979, c 491 (C. 17:161-1 et seq), gifts to minors under the "New Jersey Uniform Gifts to Minors Act," P.L.1963, c.177 (C.46:38-13 et seq.), business trusts providing for certificates to be issued to beneficiaries, common trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividents, interest, salaries, wages, profits, pensions, or employee benefits of any kidn, an dany arrangement under which a person is a nominee or escrowee for another.
"Ward" means a person for whom a guardian is appointed or a person under the protection of the court.
"Will" means the last will and testament of a testator or testatrix and includes any codicil.
L. 1981, c 405 3B: 1-2, eff. May 1, 1982.
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"Local administration" means administration by a personal representative appointed in this State.
"Local fiduciary" means any fiduciary who has received letters in this State and excludes foreign fiduciaries who acquire the power of local fidcuary persuant to this title.
"Mental incompetent" means a person who is impaired by reason of mental illness or mental deficiency to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
The term "mental incompetent" is also used to dsignate a person who is impaired by reason of physical illness or disability, chronic use of drugs, chronic alcoholism, or other cause (except minority) to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
The term "mental incompetency" and "mental imcompetent" refer to the state or condition of a "mental incompetent" as hereinbefore defined.
"Minor" means a person who is under 18 years of age.
"Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of his death.
"Parent" means any person entitled to take or would be entitled to take if the child, natural or adopted, died without a will, by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent foster parent of grandparent.
"Personal representative" includes executor, administrator, successor personal repreentative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes special administrator.
"Resident creditor" means a person domiciled in, or doing business in this State, who is, or could be, a caimant against an estate.
"Security" includes any note, stock, treasury stock, bond, mortgage, financing statement, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under the title of lease, collateral, trust certificate, transferable share, voting trust certificate or, in general, any interest or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.
"Successor personal representative" means a personal representative, other than a special administrator, who is appinted to succeed a previously appointed personal representative.
"Successors" means those persons, other than creditors, who are entitiled to real and personal property of a decedent under his will or the laws governing intestate succession.
"Testamentary trustee" means a trustee designated by will or appointed to exercise a trust created by will.
"Trust" includes any express trust, private, or charitable , with additions thereto, wherever and however created. It also includes a trust created by judgement under which the trust is to be administered in the matter of an express trust. "Trust" excludes other constructive trusts, and it excludes resulting trusts, guardinships, personal representatives, trust accounts created under the "Multiple-party Deposit Account Act," P.L. 1979, c 491 (C. 17:161-1 et seq), gifts to minors under the "New Jersey Uniform Gifts to Minors Act," P.L.1963, c.177 (C.46:38-13 et seq.), business trusts providing for certificates to be issued to beneficiaries, common trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividents, interest, salaries, wages, profits, pensions, or employee benefits of any kidn, an dany arrangement under which a person is a nominee or escrowee for another.
"Ward" means a person for whom a guardian is appointed or a person under the protection of the court.
"Will" means the last will and testament of a testator or testatrix and includes any codicil.
L. 1981, c 405 3B: 1-2, eff. May 1, 1982.
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3B:1-1. Definitions: A to H
As used in this title, unless otherwise defined:
"Administrator" includes general administrators of an intestate and unless restricted by the subject or context, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, temporary administrators and adminstrators pendente lite.
"Beneficiary," as it relates to trust beneficiaries includes a person who has any present or future interest, vested or contingent and also included the owner of an interest by assignment of other transfer and as it relates to a charitable trust, includes any person entitled to enforce the trust.
"Child" means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant.
"Claims" include liabilities whether arising in contract, or in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent, including funeral expenses and expenses of administration, but does not include estate of inheritance taxes, demands, or disputes regarding title to specific assets alleged to be included in the estate.
"Confiduciary" means each of two or more fiduciaries jointly serving in a fiduciary capacity.
"Devise," when used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will.
"Devisee" means any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee is the devisee and the beneficiaries are not devisees.
"Distributee" means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A trustee is a distributee only to the extent of a sitributed asset or increment thereto remaining in his hands. A beneficiary of a trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative.
"Domiciliary foreign fiduciary" means any fiduciary who has received letters, or has been appointed, or is authorized to act as a fiduciary, in jurisdiction in which the decedent was domiciled at the time of his death, in which the ward is domiciled or in which is located the principal place of the administration of a trust.
"Estate" means all of the property of a decedent, minor or mental incompetent, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during adminstration.
" Fiduciary" includes executors, general adminstrators of an intestate, adminstrators with the will annexed, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequedum, administrators ad litem and other limited fiduciaries.
"Guardian" means a person who has qualified as a guardian of a person or estate of a minor or mental incompetent persuant to testamentary or court appointment, but excludes on who is merely a gaurdian ad litem.
"Heirs" means those persons, including the surviving spouse, who are entitlesd under statutes of intestate succession to property of a decedent.
L. 1981, c 3b:1-1, eff. May 1, 1982.
For more information go to www.centraljerseyelderlaw.com
Posted by Ken Vercammen NJ Law Blog at 9:31 AM
"Administrator" includes general administrators of an intestate and unless restricted by the subject or context, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, temporary administrators and adminstrators pendente lite.
"Beneficiary," as it relates to trust beneficiaries includes a person who has any present or future interest, vested or contingent and also included the owner of an interest by assignment of other transfer and as it relates to a charitable trust, includes any person entitled to enforce the trust.
"Child" means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant.
"Claims" include liabilities whether arising in contract, or in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent, including funeral expenses and expenses of administration, but does not include estate of inheritance taxes, demands, or disputes regarding title to specific assets alleged to be included in the estate.
"Confiduciary" means each of two or more fiduciaries jointly serving in a fiduciary capacity.
"Devise," when used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will.
"Devisee" means any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee is the devisee and the beneficiaries are not devisees.
"Distributee" means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A trustee is a distributee only to the extent of a sitributed asset or increment thereto remaining in his hands. A beneficiary of a trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative.
"Domiciliary foreign fiduciary" means any fiduciary who has received letters, or has been appointed, or is authorized to act as a fiduciary, in jurisdiction in which the decedent was domiciled at the time of his death, in which the ward is domiciled or in which is located the principal place of the administration of a trust.
"Estate" means all of the property of a decedent, minor or mental incompetent, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during adminstration.
" Fiduciary" includes executors, general adminstrators of an intestate, adminstrators with the will annexed, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequedum, administrators ad litem and other limited fiduciaries.
"Guardian" means a person who has qualified as a guardian of a person or estate of a minor or mental incompetent persuant to testamentary or court appointment, but excludes on who is merely a gaurdian ad litem.
"Heirs" means those persons, including the surviving spouse, who are entitlesd under statutes of intestate succession to property of a decedent.
L. 1981, c 3b:1-1, eff. May 1, 1982.
For more information go to www.centraljerseyelderlaw.com
Posted by Ken Vercammen NJ Law Blog at 9:31 AM
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