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Terms Used In New Jersey Statutes 3B:8-1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Decedent: A deceased person.
  • Domestic partner: means a domestic partner as defined in section 3 of P. See New Jersey Statutes 3B:1-1
  • Estate: means all of the property of a decedent, minor or incapacitated individual, 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 administration. See New Jersey Statutes 3B:1-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.

a. If a married person, partner in a civil union, or person in a domestic partnership dies domiciled in this State, the surviving spouse, partner in a civil union, or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, unless either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.

b. For purposes of this section “surviving spouse, partner in a civil union, or domestic partnership” shall not include those individuals described pursuant to subsection d. of N.J.S. 3B:5-3

Amended 2005, c.331, s.7; 2023, c.238, s.4.