18:26-11.4 Real and personal property of resident and nonresident decedents

N.J.A.C. 18:26-11.4 (2014)
§ 18:26-11.4 Real and personal property of resident and nonresident decedents

   (a) Waivers consenting to the transfer of real property located in New Jersey are necessary for estates of resident decedents or estates of decedents whereby guardians have been appointed for the deceased prior to his death; except, that real property held by a husband and wife/civil union couple as tenants by the entirety must be transferred without a waiver in the estate of the spouse dying first.

(b) An inheritance tax waiver is required for a period of 15 years from the date of such decedent's death and if the decedent died after December 31, 2001 an estate tax waiver is required for an unlimited period in order to effect the transfer or delivery of the real or personal tangible or intangible property specified in N.J.A.C. 18:26-11.1, Consent to transfer; generally, which the decedent owned or in which he had an interest at the date of death.

(c) Inheritance tax waivers are necessary to transfer any real property located in New Jersey belonging to a nonresident decedent. Such waivers are issued after the nonresident decedent return is filed with the Transfer Inheritance Tax Branch and the tax, if any, is adjusted and paid.