N.J. Stat. tit. 3B, ch. 22

in effect

N.J. Stat. § 3B:22-1 Waiver of statutes of limitations

Unless an estate is insolvent the personal representative may, but only with the consent of all successors, waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. L.1981, c. 405, s. 3B:22-1, eff. May 1, 1982.

N.J. Stat. § 3B:22-2 Order of priority of claims when assets insufficient.

3B:22-2. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: a. Reasonable funeral expenses; b. Costs and expenses of administration; c. Debts for the reasonable value of services rendered to the decedent by the Office of the Public Guardian for Elderly Adults; d. Debts and taxes with preference under federal law or the laws of this State; e. Reasonable medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him; f. Judgments entered against the decedent according to the priorities of their entries respectively; g. All other claims. No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. The commencement of an action against the personal representative for the recovery of a debt or claim or the entry of a judgment thereon against the personal representative shall not entitle such debt or claim to preference over others of the same class. Amended 1989, c.248, s.8; 2004, c.132, s.82; 2005, c.304, s.47.

N.J. Stat. § 3B:22-3 Abatement for purpose of paying claims and debts.

3B:22-3. The property of a decedent's estate shall abate for the purposes of paying debts and claims in the order prescribed in N.J.S.3B:23-12. Amended 2004, c.132, s.83.

N.J. Stat. § 3B:22-4 Limitation of time to present claims of creditors to personal representative; discharge of personal representative where claim is not duly presented before distribution.

3B:22-4. Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death. If a claim is not so presented to the personal representative within nine months from the date of the decedent's death, the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim. Amended 2004, c.132, s.84.

N.J. Stat. § 3B:22-5 Liquidated claims payable in future

A liquidated claim, not due and payable, but payable in the future, may be presented for allowance, a reasonable rebate of interest being made when interest is not accruing thereon. If the claim is disputed and action is brought thereon, the plaintiff shall not fail in the action because the claim is payable in the future, if the claim is otherwise valid. L.1981, c. 405, s. 3B:22-5, eff. May 1, 1982.

N.J. Stat. § 3B:22-6 Payment of claim not legally presented; effect; allowance in personal representative's account

If a personal representative in good faith pays a claim presented to him which is not verified as required, and, on or before final accounting, it is proved to the court or surrogate that the claim was owed by the decedent and was a just claim against the estate, the court shall allow in the personal representative's account the full amount of the claim if the estate is sufficient to pay the debts of equal degree with the claim in full. If the estate is not sufficient for that purpose, he shall be allowed the pro rata amount the creditor would have been entitled to receive if the claim had been presented verified as required. L.1981, c. 405, s. 3B:22-6, eff. May 1, 1982.

N.J. Stat. § 3B:22-7 Allowance or rejection of claims within 3 months

Within 3 months after the presentation to him of a claim, the personal representative shall allow or dispute it or allow it in part and dispute it in part, and give notice in writing to the creditor, his agent or attorney, of that which he allows or disputes. L.1981, c. 405, s. 3B:22-7, eff. May 1, 1982.

N.J. Stat. § 3B:22-8 Commencement of action by creditor on disputed claim within 3 months after notice

Within 3 months after receiving notice that a claim or a part of it has been disputed, the creditor shall commence an action to recover on the claim or so much of it as is disputed; otherwise the personal representative shall not be liable to the creditor with respect to any assets which he may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares before the commencement of the action. L.1981, c. 405, s. 3B:22-8, eff. May 1, 1982.

N.J. Stat. § 3B:22-10 Presentation of claim

Where the assets of an estate exceed the amount needed to pay claims presented within the time limited pursuant to N.J.S. 3B:22-4, a claimant, who has failed to present his claim within the time so limited, may present the claim, in the form required by that section, to the personal representative at any time before the remaining assets of the estate shall have been distributed or paid over pursuant to law. L.1981, c. 405, s. 3B:22-10, eff. May 1, 1982.

N.J. Stat. § 3B:22-11 Acceptance or rejection of claim

The personal representative shall, if satisfied that the claim is correct and should be paid, pay the claim or so much thereof as the amount of the assets available for distribution will permit. If not satisfied with the correctness thereof, the personal representative shall notify the claimant, his agent or attorney, to proceed forthwith to establish the disputed claim, or part thereof, by judgment. In that case the personal representative shall retain from the assets available for distribution a sum sufficient to pay the amount of the claim, together with interest and costs, until the claimant shall have had an opportunity to establish his claim by judgment. L.1981, c. 405, s. 3B:22-11, eff. May 1, 1982.

N.J. Stat. § 3B:22-12 Action on unrejected claim

If a personal representative fails to pay a claim presented pursuant to N.J.S. 3B:22-11, the claimant may bring an action against the personal representative to recover on his claim in any court of competent jurisdiction. L.1981, c. 405, s. 3B:22-12, eff. May 1, 1982.

N.J. Stat. § 3B:22-13 Failure to sue after notice to perfect claim; claim debarred

If a creditor fails to commence an action upon his claim within 1 month after being notified to establish the claim by judgment, as provided by N.J.S. 3B:22-11, he shall be thereafter forever barred from any action against the personal representative to recover on the claim. L.1981, c. 405, s. 3B:22-13, eff. May 1, 1982.

N.J. Stat. § 3B:22-14 Direction of court before paying claims not presented within 9-month period.

3B:22-14. Direction of court before paying claims not presented within 9-month period. A personal representative may not be compelled to pay any claim not presented within the period limited pursuant to N.J.S. 3B:22-4, unless the court shall, for good cause shown, so direct or until his account has been settled by the court and the court has authorized or directed him to make the payment. Amended 2005, c.160, s.16.

N.J. Stat. § 3B:22-15 Failure to file refunding bond; presumption that devise or distributive share remains unpaid

In an action by a creditor against a personal representative, for the payment of a ratable proportion of his debt, it shall be presumed that the assets of the estate due a devisee or heir have not been paid over to him, if no refunding bond from the devisee or heir is on file. However, the presumption may be rebutted by proof that the devise or distributive share was actually paid over to him. L.1981, c. 405, s. 3B:22-15, eff. May 1, 1982.

N.J. Stat. § 3B:22-16 Action upon refunding bond of devisee or heir

A claimant against an estate who has failed to present his claim in due form within the time required, may bring an action in his own name without leave of court on a refunding bond given by a devisee or heir and recover the proportion of his claim which ought to be paid out of the devise or distributive share for which the bond was given. Recovery on a refunding bond shall in no case exceed the amount actually received by the devisee or heir furnishing the bond. L.1981, c. 405, s. 3B:22-16, eff. May 1, 1982.

N.J. Stat. § 3B:22-17 Defense to action on fiduciary's bond in certain cases

A fiduciary, who has received a devise or distributive share from a personal representative and has given a refunding bond therefor, may set up in absolute bar to an action on the bond, that he has lawfully paid out and distributed the devise or distributive share to the person entitled thereto, and has taken a refunding bond therefor from that person. If the fiduciary has paid out a part only of the devise or distributive share and has taken a similar refunding bond therefor, he may defend in like manner as to the part so paid or distributed. L.1981, c. 405, s. 3B:22-17, eff. May 1, 1982.

N.J. Stat. § 3B:22-18 Action on refunding bond of ultimate devisee or heir

A creditor may sue on a bond taken by a fiduciary pursuant to N.J.S. 3B:22-17, in the same manner and with like effect as if the original personal representative had made payment or distribution directly and had taken the bond himself. L.1981, c. 405, s. 3B:22-18, eff. May 1, 1982.

N.J. Stat. § 3B:22-19 Assets being administered here subject to claims established wherever personal representative appointed

All assets of estates being administered in this State are subject to all claims and charges existing or established against the personal representative wherever appointed. L.1981, c. 405, s. 3B:22-19, eff. May 1, 1982.

N.J. Stat. § 3B:22-20 Payment of claims where assets insufficient

If the estate either in this State or as a whole is insufficient to cover all claims and prior charges, each claimant whose claim has been allowed either in this State or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this State, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit. L.1981, c. 405, s. 3B:22-20, eff. May 1, 1982.

N.J. Stat. § 3B:22-21 Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative

In case the claims and prior charges of the entire estate exceed the total value of the portions of the estate being administered separately and this State is not the state of the decedent's last domicile, the claims allowed in this State shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this State the amount to which they are entitled, local assets shall be marshaled so that each claim allowed in this State is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this State from assets in other jurisdictions. L.1981, c. 405, s. 3B:22-21, eff. May 1, 1982.

N.J. Stat. § 3B:22-22 Real property liable only 1 year for debts

The real property of any person who shall die seized thereof or entitled thereto shall be and remain liable for the payment of his debts for 1 year after his decease, but may be sold free from liability for payment of debts by his personal representative upon application to the court upon terms and conditions as the court may direct for the protection of creditors, any alienation or encumbrance made or attempted to be made by his heirs or devisee to the contrary notwithstanding. Nothing herein contained shall affect any right of dower or curtesy in the real property. L.1981, c. 405, s. 3B:22-22, eff. May 1, 1982.

N.J. Stat. § 3B:22-23 Time not extended by general words in will

The period of 1 year fixed in N.J.S. 3B:22-22, shall not be deemed to be extended by any directions in a will that just debts be paid. Any charge upon real property created by any directions in a will that just debts be paid shall not attach to the real property beyond the period of 1 year fixed in that section, unless the will contains express language to the effect that the debts shall remain a lien upon the real property for a longer period. L.1981, c. 405, s. 3B:22-23, eff. May 1, 1982.

N.J. Stat. § 3B:22-24 Article not to affect liability of heirs or devisees

Nothing contained in this article shall affect any liability of heirs and devisees under article 8 of this chapter. L.1981, c. 405, s. 3B:22-24, eff. May 1, 1982.

N.J. Stat. § 3B:22-25 Sale of property subject to escheat to pay debts

In any case where property may be subject to escheat to the State, proceedings to sell the property to pay debts may be taken as provided in this article. L.1981, c. 405, s. 3B:22-25, eff. May 1, 1982.

N.J. Stat. § 3B:22-26 Direction of court as to sale

If it shall appear to the satisfaction of the court that property of which a decedent died seized or possessed is subject to escheat to the State and that it is necessary to sell the property in order to pay debts of the decedent, the court shall direct the personal representative of the decedent's estate to sell the property or so much thereof as may be necessary for that purpose. L.1981, c. 405, s. 3B:22-26, eff. May 1, 1982.

N.J. Stat. § 3B:22-27 Estate passed by sale or conveyance

A sale or conveyance of property directed to be sold by the court, as provided in N.J.S. 3B:22-26, when made by a personal representative, shall vest in the purchaser all the estate of which the decedent was seized or possessed at the time of his death. L.1981, c. 405, s. 3B:22-27, eff. May 1, 1982.

N.J. Stat. § 3B:22-28 Effect of confirmation

When property is sold pursuant to N.J.S. 3B:22-26 and the sale is confirmed by the court directing the sale, the judgment or order confirming the sale or a certified copy thereof shall be conclusive evidence in all courts of the validity of the proceedings for sale and of the fulfillment of statutory requirements. The judgment or order may be set aside or reversed by appropriate proceedings for that purpose; but the proceedings shall not affect a bona fide purchaser, and the purchaser, his heirs and assigns, shall hold the property so purchased, notwithstanding the setting aside or reversal and notwithstanding any defect in the proceedings for sale. L.1981, c. 405, s. 3B:22-28, eff. May 1, 1982.

N.J. Stat. § 3B:22-29 Accounting; surplus from sale payable to State Treasurer

After accounting duly made by the personal representative and after the payment of debts and just expenses, fees and commissions of every sort, if no heirs at law of the decedent, to whom distribution may be made pursuant to the provisions of law, have made claim to any surplus remaining from the sale, the court shall order the surplus to be paid over to the State Treasurer. Upon receiving the State Treasurer's receipt therefor, the personal representative shall have no further obligation with respect to the surplus. L.1981, c. 405, s. 3B:22-29, eff. May 1, 1982.

N.J. Stat. § 3B:22-30 Distribution by State Treasurer; proof of claim required of claimants

After payment to the State Treasurer, no distribution of the surplus shall be made to any heir or other person interested in the property from the sale of which the surplus so paid over to the State Treasurer arose, unless the heir or other person shall have secured a judgment under the "Uniform Declaratory Judgments Act" (Article 9 of chapter 16 of Title 2A, of the New Jersey Statutes) establishing his right thereto. Upon receipt of a certified copy of the judgment, the State Treasurer shall distribute the surplus to the person or persons entitled thereto according to their respective interests. Payment shall be made by the State Treasurer upon proof by the person as to his identity and right to payment under the judgment. L.1981, c. 405, s. 3B:22-30, eff. May 1, 1982.

N.J. Stat. § 3B:22-31 Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee

After the State Treasurer has made payment to any person or persons in accordance with the declaratory judgment, as provided in N.J.S. 3B:22-30, no recovery may be had against the State Treasurer by any other person who may thereafter establish in any court proceeding his contrary interest in the surplus or the property from the sale of which the surplus arose. However, any other person who may thereafter establish in any court proceeding his contrary interest therein shall, as to the portion of the surplus remaining in the State Treasurer's hands, be entitled to his proportionate share thereof and, in addition thereto, may bring an action at law against the persons to whom distribution has been made by the State Treasurer, to recover his proportionate share of that portion of the surplus so distributed by the State Treasurer. L.1981, c. 405, s. 3B:22-31, eff. May 1, 1982.

N.J. Stat. § 3B:22-32 Distribution among creditors to be pro rata; preferred debts excepted

If the estate of a decedent is insufficient to pay his debts, his estate shall be applied to the preferred expenses and debts in accordance with N.J.S. 3B:22-2, and the balance shall be distributed among his creditors in proportion to the sum due to each. L.1981, c. 405, s. 3B:22-32, eff. May 1, 1982.

N.J. Stat. § 3B:22-33 Claims not presented in time barred; exception; extension of time

If an estate is adjudged insolvent, any creditor who fails to exhibit his claim to the personal representative within the time limited and prescribed by N.J.S. 3B:22-4 shall be forever barred from prosecuting or recovering thereon unless the estate shall prove sufficient, after all claims exhibited and allowed are fully satisfied, or the creditors shall find some other asset not accounted for by the personal representative before distribution, in which case the creditor shall receive his ratable proportion therefrom. However, the court, before distribution made, may upon the application of any creditor of any insolvent decedent and after notice to the personal representative, extend the time within which claims may be presented by creditors of the decedent upon terms as the court may deem just. L.1981, c. 405, s. 3B:22-33, eff. May 1, 1982.

N.J. Stat. § 3B:22-34 Authority of court to pass upon claims against the estate and upon amount and value of estate

In an action to have an estate adjudged insolvent, the court may adjudicate upon and determine the amount and value of the estate and the liability of the estate on claims made against it. L.1981, c. 405, s. 3B:22-34, eff. May 1, 1982.

N.J. Stat. § 3B:22-35 Judgment of insolvency; sale of assets

If upon an adjudication and determination, it appears to the court that the estate is insufficient to pay the debts, or whenever it appears to the satisfaction of the court, upon consideration of the claims of creditors and the amount of estate and the value thereof that the estate is insufficient to pay the debts and that the estate is likely to be insolvent, the court may enter judgment to this effect, and direct the personal representative to proceed as if the estate were insolvent, and to make sale of the whole or any part of the estate of his decedent, from time to time, as may appear expedient. L.1981, c. 405, s. 3B:22-35, eff. May 1, 1982.

N.J. Stat. § 3B:22-36 Proceeds; distribution

Proceeds of the estate which come to the hands of the personal representative shall be distributed under direction of the court, from time to time, as may be found convenient and just. L.1981, c. 405, s. 3B:22-36, eff. May 1, 1982.

N.J. Stat. § 3B:22-37 Residue after debts to go to heirs or devisees

If full payment of debts and claims is made, and there remains a residue, the residue shall be divided among the heirs of an intestate in the proportions as provided by law, or in case of a will, to the devisees as the will directs. L.1981, c. 405, s. 3B:22-37, eff. May 1, 1982.

N.J. Stat. § 3B:22-38 Certain actions against personal representative saved

Nothing contained in this article shall prevent a person from maintaining an action against the personal representative for, or in respect of, waste or misapplication of the estate of his decedent. L.1981, c. 405, s. 3B:22-38, eff. May 1, 1982.

N.J. Stat. § 3B:22-39 "Heirs and devisees" defined.

3B:22-39. As used in this article, heirs and devisees shall include the heirs and devisees of a deceased debtor and the heirs and devisees of any of them, who shall have died before the commencement of the action, authorized by this article, to whom any of the real or personal property, of which the debtor died seized or possessed, descended or was devised. Amended 2004, c.132, s.85.

N.J. Stat. § 3B:22-40 Heirs and devisees liable for debt of decedent

Every creditor, whether by simple contract or specialty, and whether or not the heirs or devisees are mentioned therein, shall have and may maintain by virtue of this article an action against the heirs and devisees of his deceased debtor dying seized or possessed of any real or personal property. The heirs or devisees shall be liable to pay the debt by reason of the descent or devise of the real or personal property to them in the manner provided in this article. In all actions creditors shall be preferred as in actions against personal representatives. L.1981, c. 405, s. 3B:22-40, eff. May 1, 1982.

N.J. Stat. § 3B:22-41 Joinder of parties

The action shall be brought against all of the heirs and devisees of the deceased debtor who can be found within the State. L.1981, c. 405, s. 3B:22-41, eff. May 1, 1982.

N.J. Stat. § 3B:22-42 General judgment; special judgment

If the debt be found due, the judgment against any heir or devisee shall be general for the full amount found due, unless the heir or devisee shall admit in the action the descent or devise of the estate to him, specifically describing it, in which case the judgment shall be special against him to be made out of the estate so descended and devised alone. L.1981, c. 405, s. 3B:22-42, eff. May 1, 1982.

N.J. Stat. § 3B:22-43 Liability in case of sale or transfer of estate

In the event an estate descended or devised to any heir or devisee has been bona fide sold or transferred prior to the commencement of the action, it shall not be liable for the debt or for any judgment obtained in an action against him. In that event, if in an action against him the debt be found due, the judgment against him shall be general for the full amount thereof, unless he shall admit in the action the descent or devise of the estate to him, specifically describing it, in which case the judgment shall be general for the amount so found due, but only to the value of the estate descended or devised, and sold or transferred. L.1981, c. 405, s. 3B:22-43, eff. May 1, 1982.

N.J. Stat. § 3B:22-44 Contribution between heirs and devisees liable

Contribution between heirs and devisees liable under this article may be had as heretofore. L.1981, c. 405, s. 3B:22-44, eff. May 1, 1982.

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