N.J. Stat. tit. 3B, ch. 10

in effect

N.J. Stat. § 3B:10-1 Grant of letters of administration

The surrogate's court of the county in which a decedent resided at the time of his death, or the Superior Court, may grant letters of general administration on the estate of the decedent. L.1981, c. 405, s. 3B:10-1, eff. May 1, 1982.

N.J. Stat. § 3B:10-2 To whom letters of administration granted.

3B:10-2. To whom letters of administration granted. If any person dies intestate, administration of the intestate's estate shall be granted to the surviving spouse or domestic partner of the intestate, if he or she will accept the administration, and, if not, or if there be no surviving spouse or domestic partner, then to the remaining heirs of the intestate, or some of them, if they or any of them will accept the administration, and, if none of them will accept the administration, then to any other person as will accept the administration. If the intestate leaves no heirs justly entitled to the administration of his estate, or if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogate's court may grant letters of administration to any fit person applying therefor. Amended 2005, c.331, s.23.

N.J. Stat. § 3B:10-3 When spouse, partner in a civil union, or domestic partner entitled to assets without administration.

3B:10-3. When spouse, partner in a civil union, or domestic partner entitled to assets without administration. Where the total value of the real and personal assets of the estate of an intestate will not exceed $50,000, the surviving spouse, partner in a civil union, or domestic partner upon the execution of an affidavit before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the assets are located, or before the Superior Court, shall be entitled absolutely to all the real and personal assets without administration, and the assets of the estate up to $10,000 shall be free from all debts of the intestate. Upon the execution and filing of the affidavit as provided in this section, the surviving spouse, partner in a civil union, or domestic partner shall have all of the rights, powers and duties of an administrator duly appointed for the estate. The surviving spouse, partner in a civil union, or domestic partner may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall state that the affiant is the surviving spouse, partner in a civil union, or domestic partner of the intestate and that the value of the intestate's real and personal assets will not exceed $50,000, and shall set forth the residence of the intestate at his death, and specifically the nature, location and value of the intestate's real and personal assets. The affidavit shall be filed and recorded in the office of such Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by R.S.46:14-6.1 to take acknowledgments or proofs. amended 1983, c.246, s.1; 2004, c.132, s.77; 2005, c.331, s.24; 2015, c.232, s.1.

N.J. Stat. § 3B:10-4 When heirs entitled to assets without administration.

3B:10-4. When heirs entitled to assets without administration. Where the total value of the real and personal assets of the estate of an intestate will not exceed $20,000 and the intestate leaves no surviving spouse, partner in a civil union, or domestic partner, and one of his heirs shall have obtained the consent in writing of the remaining heirs, if any, and shall have executed before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the intestate's assets are located, or before the Superior Court, the affidavit herein provided for, shall be entitled to receive the assets of the intestate of the benefit of all the heirs and creditors without administration or entering into a bond. Upon executing the affidavit, and upon filing it and the consent, he shall have all the rights, powers and duties of an administrator duly appointed for the estate and may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall set forth the residence of the intestate at his death, the names, residences and relationships of all of the heirs and specifically the nature, location and value of the real and personal assets and also a statement that the value of the intestate's real and personal assets will not exceed $20,000. The consent and the affidavit shall be filed and recorded, in the office of the Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by R.S.46:14-6.1 to take acknowledgments or proofs. amended 1983, c.246, s.2; 2004, c.132, s.78; 2005, c.331, s.25; 2015, c.232, s.2.

N.J. Stat. § 3B:10-5 Discharge of corporations or persons making payments or delivering assets under N.J.S. 3B:10-3 or N.J.S. 3B:10-4

Any bank, building and loan association, association, as defined in section 5 of the "Savings and Loan Act (1963)," P.L.1963, c. 144 (C. 17:12B-5), or any other corporation or any person, association or society, which pays or delivers any assets of the intestate to the person executing an affidavit under N.J.S. 3B:10-3 or N.J.S. 3B:10-4, upon presentation of a copy of the affidavit marked a true copy by the surrogate or the clerk of the Superior Court, shall be forever discharged from all claims by any administrator of the intestate who may be appointed or by any other person, as to the assets so paid or delivered, and this, notwithstanding that the total value of the real and personal assets does in fact exceed the amount limited by N.J.S. 3B:10-3 or N.J.S. 3B:10-4 or that the statements in the affidavit are erroneous or that the consent required by N.J.S. 3B:10-4 has not been obtained. L.1981, c. 405, s. 3B:10-5, eff. May 1, 1982.

N.J. Stat. § 3B:10-6 Acts of administrator before notice of will

Lawful acts performed in good faith by an administrator before notice of a will and purchases or transfers made by him in good faith before notice shall remain valid and shall not be impeached or altered by an executor upon probate of the will. Nothing in this section shall be construed to relieve the administrator of any liability to the executor under the will for property unadministered or maladministered. L.1981, c. 405, s. 3B:10-6, eff. May 1, 1982.

N.J. Stat. § 3B:10-7 Ancillary administration on estate of nonresident intestate

Where a nonresident dies intestate seized of real property or possessed of personal property in this State, or where the evidence of his personal property shall be in the hands of any resident of this State, the surrogate's court of the county wherein any of the real or personal property or evidence thereof, is situate, or the Superior Court, shall, in an action upon satisfactory proof of intestacy, issue letters of administration upon the estate of the nonresident to the administrator of his estate or, on notice to the administrator as the court shall require, to any person who would be entitled to administration if the intestate had been a resident at his death. L.1981, c. 405, s. 3B:10-7, eff. May 1, 1982.

N.J. Stat. § 3B:10-8 Administration by creditor of nonresident decedent

If a personal representative of a nonresident decedent fails to apply in this State for letters testamentary or of administration within 60 days next after the death of the decedent and there is real or personal property of the decedent within this State, or the evidence thereof in the hands of a resident of this State, the surrogate's court of a county wherein the real property, or personal property or evidence, is situate, or the Superior Court, may, in an action by any person resident or nonresident, alleging himself to have a debt or legal claim against the decedent which by the law of this State survives against his representatives, issue letters of administration, with the will annexed or otherwise as the case may require, to some fit person to be designated by the court. Prior to an appointment pursuant to this section, notice shall be given the foreign personal representative as the court shall prescribe. L.1981, c. 405, s. 3B:10-8, eff. May 1, 1982.

N.J. Stat. § 3B:10-9 Record of appointment of personal representative; evidentiary effect

If any person shall desire to have the appointment of a personal representative appointed in another state recorded in this State for the purpose of manifesting the authority of the personal representative to release or discharge real estate in this State from any mortgage, judgment, other lien or encumbrance which was held by his decedent the surrogate of the county wherein the real estate is situate, or the clerk of the Superior Court, may, upon the presentation to him of an exemplified copy of the record of the appointment of the personal representative, record and file the exemplified copy in his office, and the record or certified copies thereof shall be received as evidence in all courts of this State. L.1981, c. 405, s. 3B:10-9, eff. May 1, 1982.

N.J. Stat. § 3B:10-10 Executor de son tort

Whereas it is sometimes practiced to the defrauding of creditors, that persons who are entitled to the administration of the estate of an intestate will not accept administration, but suffer or procure the administration to be granted to others of indigent circumstances, from whom they, or others, by their means, by deeds of gifts, or by letters of attorney, obtain the estate of the intestate into their hands, and are not subject to the payment of the debts of the intestate, and so the creditors cannot have or recover their just debts and demands; therefore, if any person shall obtain, receive and have, any property or debts of an intestate, or a release or other discharge of any debt or duty due the intestate, upon any fraud as herein provided, without valuable consideration as shall amount to the value of the property or debts, or near thereabouts except it be in or towards satisfaction of some just debt, of the value of the same property or debts, to him owing by the intestate at the time of his decease, the person shall be charged and chargeable as executor of his own wrong so far only, as all the property and debts coming to his hands, or whereof he is released or discharged by the administrator, will satisfy. However he shall not be charged for those just debts, contracted without fraud and upon a good consideration, which are owing to him by the intestate at the time of his decease, nor for payments made by him which lawful executors or administrators ought to pay. L.1981, c. 405, s. 3B:10-10, eff. May 1, 1982.

N.J. Stat. § 3B:10-11 Administration ad prosequendum on death by wrongful act

The surrogate's court of the county wherein an intestate resided at his death, or, if the intestate resided outside the State, the surrogate's court of the county wherein the accident resulting in death occurred, or the Superior Court, may grant letters of administration ad prosequendum to the person entitled by law to general administration. An administrator ad prosequendum shall not be required to give bond. L.1981, c. 405, s. 3B:10-11, eff. May 1, 1982.

N.J. Stat. § 3B:10-12 Temporary administration

The Superior Court may grant administration ad litem, temporary administration, administration pendente lite, or any form of limited administration. L.1981, c. 405, s. 3B:10-12, eff. May 1, 1982.

N.J. Stat. § 3B:10-13 Duty to apply in this State for original letters of administration

When an intestate is resident in any county of New Jersey at his death, it shall be the duty of the heir or any other person desiring original letters of administration upon his estate to make application therefor to the surrogate of that county or to the Superior Court of this State. Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersey, shall give information thereof to the Superior Court. The court may direct the clerk of the court to issue and have served subpenas or an order to show cause requiring the appearance before it, at a specified time, of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court. L.1981, c. 405, s. 3B:10-13, eff. May 1, 1982.

N.J. Stat. § 3B:10-14 Appointment of debtor as executor; debt not discharged

The appointment of a debtor as executor shall not, unless otherwise expressed in the will, be construed to discharge the executor from payment of the debt, but the debt shall be considered an asset in the hands of the executor and shall be accounted for in the same manner as any other part of the decedent's estate. L.1981, c. 405, s. 3B:10-14, eff. May 1, 1982.

N.J. Stat. § 3B:10-15 Appointment of substituted administrators

When a sole or sole surviving or remaining executor or administrator, with or without the will annexed, dies or is removed or discharged by the court after qualifying and entering upon the duties of his office but before the completion thereof, the vacancy so created shall, except as hereinafter provided, be filled by the appointment of a fit person to exercise the vacated office. The person so appointed shall be nominated substituted administrator with the will annexed or substituted administrator, as the case may be. L.1981, c. 405, s. 3B:10-15, eff. May 1, 1982.

N.J. Stat. § 3B:10-16 Decedent's will to be observed

Where administration is granted with the will annexed, the will of the decedent therein expressed shall be observed and performed. L.1981, c. 405, s. 3B:10-16, eff. May 1, 1982.

N.J. Stat. § 3B:10-17 Manner in which appointment shall be made

The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by the surrogate's court or the Superior Court in the manner and upon the conditions prescribed for granting letters of administration to the first administrators in other cases. L.1981, c. 405, s. 3B:10-17, eff. May 1, 1982.

N.J. Stat. § 3B:10-18 When appointment unnecessary

The appointment of a substituted administrator shall not be required if the unadministered assets of the intestate or testator consist of money on deposit in a bank, trust company or savings and loan association not exceeding $1,000.00, in which event it shall be lawful for the Superior Court, in an action brought by any party in interest, to authorize the bank, trust company or savings and loan association to distribute to the persons entitled by law to receive the assets. Payments made pursuant to the authority of this section shall release the bank, trust company or savings and loan association from any claim of, or liability to, any person interested in the estate. L.1981, c. 405, s. 3B:10-18, eff. May 1, 1982.

N.J. Stat. § 3B:10-19 Commencement of duties and powers of a personal representative

The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. L.1981, c. 405, s. 3B:10-19, eff. May 1, 1982.

N.J. Stat. § 3B:10-20 Ratification of prior acts

A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. L.1981, c. 405, s. 3B:10-20, eff. May 1, 1982.

N.J. Stat. § 3B:10-21.1 Appointment of person to control funeral, disposition of remains.

40. Prior to probate, a decedent's appointment of a person in a will to control the funeral and disposition of human remains may be carried out in accordance with section 22 of P.L.2003, c.261 (C.45:27-22). If known to them, a person named executor in a will shall notify such a person of their appointment and advise them of what financial means are available to carry out the funeral and disposition arrangements. L.2003,c.261,s.40.

N.J. Stat. § 3B:10-22 Priority among letters

A person to whom general letters of appointment are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters of appointment are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. L.1981, c. 405, s. 3B:10-22, eff. May 1, 1982.

N.J. Stat. § 3B:10-23 Duty of personal representative to settle and distribute estate

A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by law, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate. L.1981, c. 405, s. 3B:10-23, eff. May 1, 1982.

N.J. Stat. § 3B:10-24 Liability for acts of administration or distribution

A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending proceeding to probate a will or to determine heirs, a proceeding to vacate an order entered in an earlier proceeding to probate a will, a formal proceeding questioning his appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants and others interested in the estate. L.1981, c. 405, s. 3B:10-24, eff. May 1, 1982.

N.J. Stat. § 3B:10-25 Standing to sue and be sued

Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at his death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as his decedent had immediately prior to death. L.1981, c. 405, s. 3B:10-25, eff. May 1, 1982.

N.J. Stat. § 3B:10-26 Standards of care to be observed

Except as otherwise provided by the terms of a decedent's will, the personal representative shall observe the standards in dealing with the estate assets that would be observed by a prudent man dealing with the property of another, and if the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, he is under a duty to use those skills. L.1981, c. 405, s. 3B:10-26, eff. May 1, 1982.

N.J. Stat. § 3B:10-27 Right to possession of property transferred in fraud of creditors

The right to possession of property transferred in fraud of creditors recovered for the benefit of creditors is exclusively in the personal representative. L.1981, c. 405, s. 3B:10-27, eff. May 1, 1982.

N.J. Stat. § 3B:10-28 Expeditious settlement and distribution

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and do so without adjudication, order, or direction of a court, but he may invoke the jurisdiction of a court, in proceedings authorized by law to resolve questions concerning the estate or its administration. L.1981, c. 405, s. 3B:10-28, eff. May 1, 1982.

N.J. Stat. § 3B:10-29 Possession and control of estate

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto. L.1981, c. 405, s. 3B:10-29, eff. May 1, 1982.

N.J. Stat. § 3B:10-30 Power over title to property

Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. L.1981, c. 405, s. 3B:10-30, eff. May 1, 1982.

N.J. Stat. § 3B:10-30.1 Voluntary discharge of personal representative for an estate.

1. a. (1) Following appointment by the Surrogate's Court, whenever a personal representative for an estate is unwilling or unable to perform the duties and powers of a personal representative, that personal representative may seek to be voluntarily discharged from the further performance of the duties and powers of the office by filing for voluntary discharge with the Surrogate's Court of the county which granted the personal representative's letters. Any application for voluntary discharge shall be consented to by all parties in interest to the estate that is under the administration of the personal representative seeking to be discharged. (2) Nothing in this section concerning the voluntary discharge of a personal representative through an application filed with the Surrogate's Court shall prohibit a personal representative from instead filing a discharge action with the Superior Court pursuant to N.J.S.3B:14-18 et seq. b. The voluntary discharge filing shall include the following: (1) A request for discharge, made in accordance with Rules of Court adopted by the Supreme Court, which contains the following information: (a) the name of the personal representative seeking to be discharged, and the representative's address where future pleadings involving the estate can be served; (b) the name and address of every party in interest to the estate, and a description of that party's interest; (c) an affirmation by the personal representative that every party in interest to the estate listed in the form pursuant to subparagraph (b) of this paragraph has consented to the voluntary discharge of the personal representative, accompanied by the written, notarized consent of every party in interest, or that of any party in interest under disability whose consent is provided by the party's guardian or other legal representative; (d) an affirmation by the personal representative, if applicable, that every party in interest to the estate listed in the form pursuant to subparagraph (b) of this paragraph has consented to waiving the additional requirement, set forth in subsection c. of this section, that the personal representative file a verified final account with the Chancery Division, Probate Part for adjudication, showing the true condition of the estate, in order to release any sureties on the personal representative's bond, accompanied by the written, notarized consent of every party in interest, or that of any party in interest under disability whose consent is provided by the party's guardian or other legal representative. This consent and the consent presented pursuant to subparagraph (c) of this paragraph, whereby every party in interest has agreed to the voluntary discharge of the personal representative, may be included in the same notarized document; and (e) a statement that the personal representative's voluntary discharge is not intended to impair the rights of any party in interest or creditor of the estate; and (2) Along with the request for discharge and any accompanying documents, an application completed by another person to be appointed a successor or substitute personal representative for the estate. c. (1) The personal representative filing for voluntary discharge with the Surrogate's Court shall also file a verified final account showing the true condition of the estate with a verified complaint in the Chancery Division, Probate Part for adjudication, unless every party in interest to the estate listed in the Personal Representative Voluntary Discharge Form pursuant to subparagraph (b) of paragraph (1) of subsection b. of this section has consented in a written, notarized document to waiving this additional requirement and this consent accompanies the discharge form in lieu of any filing for a final account of the estate with the Chancery Division, Probate Part. (2) Any sureties on the bond of a personal representative who files for voluntary discharge with the Surrogate's Court shall not be released until a final judgment has been rendered on the verified final account of the estate, unless the additional requirement for the final account was waived by the consent of every party in interest. (3) Notwithstanding any consent by every party in interest to waive the requirement of a verified final account of an estate, a creditor of that estate whose interest has not been satisfied may petition the Superior Court for an accounting of the estate. d. (1) A personal representative shall be discharged from the further performance of the duties and powers of the office, and the personal representative's letters revoked, upon the approval of the personal representative's voluntary discharge filing by the Surrogate's Court ; except the personal representative shall account for and pay over the money and assets with which the personal representative is chargeable by virtue of the office to the successor or substitute personal representative. (2) A personal representative who is voluntarily discharged from the office pursuant to an approved voluntary discharge filing shall not be entitled to any statutory commissions relating to the performance of the duties and powers of that office. L.2017, c.208, s.1.

N.J. Stat. § 3B:10-31 Powers and duties of successor representative

A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will. L.1981, c. 405, s. 3B:10-31, eff. May 1, 1982.

N.J. Stat. § 3B:10-32 Powers of surviving copersonal representative

Unless the terms of the will otherwise provide, every power exercisable by copersonal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office. L.1981, c. 405, s. 3B:10-32, eff. May 1, 1982.

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