§ 3B:14-1 Survivorship and succession among cofiduciaries; duties and powers
§ 3B:14-2 Appointment of substituted fiduciary in place of one deceased or removed
§ 3B:14-3 Powers and duties of substituted fiduciary
§ 3B:14-4 Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor
§ 3B:14-5 Removed or discharged fiduciary to deliver assets to successor
§ 3B:14-6 Penalty for failure of removed or discharged fiduciary to account or deliver assets
§ 3B:14-7 Account of removed or discharged fiduciary
§ 3B:14-8 “Engaged in war service” defined
§ 3B:14-9 Appointment of substitute for fiduciary engaged in war service
§ 3B:14-10 Cofiduciaries; terms of instrument
§ 3B:14-11 Substituted fiduciary; bond
§ 3B:14-12 Substituted fiduciary; powers and duties
§ 3B:14-13 Reinstatement of original fiduciary
§ 3B:14-14 Termination of substituted fiduciary’s powers and duties; accounting and delivery of assets
§ 3B:14-15 Powers and duties of reinstated fiduciary
§ 3B:14-16 Commissions; apportionment
§ 3B:14-17 More than one substituted fiduciary
§ 3B:14-18 Discharge from office of fiduciary; account; allowances
§ 3B:14-19 Discharge from particular trust; effect
§ 3B:14-20 Discharge of one or more joint fiduciaries
§ 3B:14-21 Removal for cause
§ 3B:14-22 Discharge or removal not to release fiduciary or sureties from certain liabilities
§ 3B:14-23 Powers
§ 3B:14-24 Authorization to exercise other powers
§ 3B:14-25 Payment of debt or delivery of certain personal property; requirements
§ 3B:14-26 Release upon payment or delivery in good faith
§ 3B:14-27 When payment or delivery may not be made
§ 3B:14-28 Filing proof of domiciliary foreign fiduciary’s authority
§ 3B:14-29 Exercise of powers by domiciliary foreign fiduciary; security for costs
§ 3B:14-30 Termination of domiciliary foreign fiduciary’s powers; protection of third persons; exercise of powers binding on local fiduciary
§ 3B:14-31 Personal liability of fiduciary on contracts
§ 3B:14-32 Personal liability for obligations arising from ownership or control of estate; torts
§ 3B:14-33 Asserting claims against estate
§ 3B:14-34 Determining issues of liability between estate and fiduciary
§ 3B:14-35 Liability of fiduciary for improper exercise of power concerning estate
§ 3B:14-36 Voidable sales, encumbrances or transactions; exceptions
§ 3B:14-37 Protection of persons assisting or dealing with fiduciary
§ 3B:14-38 Actions by fiduciaries
§ 3B:14-39 Several fiduciaries sued; judgment and execution
§ 3B:14-40 No actions against personal representatives within 6 months of grants of letters; exceptions; execution
§ 3B:14-41 Actions against fiduciaries; proof of proper administration
§ 3B:14-42 Recovery of damages for injury to property subsequently transferred
§ 3B:14-43 Adjudication binding on local fiduciary
§ 3B:14-44 Discovery of assets in action by fiduciary
§ 3B:14-45 Discovery of assets in action against the fiduciary
§ 3B:14-46 “Process” defined
§ 3B:14-47 Fiduciary to file power of attorney; requisites of power
§ 3B:14-48 Service of process
§ 3B:14-49 Submission to jurisdiction of courts
§ 3B:14-50 Jurisdiction by act of decedent
§ 3B:14-51 Service of process
§ 3B:14-52 Short title
§ 3B:14-53 Definitions
§ 3B:14-54 Application of payments of money or transfer of property made to fiduciaries
§ 3B:14-55 Check drawn by and payable to fiduciary
§ 3B:14-56 Deposit in name of fiduciary; checks; when bank liable
§ 3B:14-57 Checks drawn by fiduciary upon principal’s account
§ 3B:14-58 Deposit in fiduciary’s personal account; liability of bank receiving deposit and paying checks
§ 3B:14-59 Deposit in names of two or more trustees; liability of payee, holder or bank
§ 3B:14-60 Cases not provided for in article
§ 3B:14-61 Uniformity of interpretation
§ 3B:14-61.1 Short title
§ 3B:14-61.2 Definitions
§ 3B:14-61.3 User’s residence in State, inapplicability of act to employers’ digital assets
§ 3B:14-61.4 User direction for disclosure of digital assets
§ 3B:14-61.5 Terms-of-service agreement
§ 3B:14-61.6 Procedure for disclosing digital assets
§ 3B:14-61.7 Disclosure of content of electronic communications of deceased user
§ 3B:14-61.8 Disclosure of other digital assets of deceased user
§ 3B:14-61.9 Disclosure of content of electronic communications of principal
§ 3B:14-61.10 Disclosure of other digital assets of principal
§ 3B:14-61.11 Disclosure of digital assets held in trust when trustee is original user
§ 3B:14-61.12 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 3B:14-61.13 Disclosure of other digital assets held in trust when trustee not original user
§ 3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person
§ 3B:14-61.15 Fiduciary and designated recipient duty and authority
§ 3B:14-61.16 Custodian compliance and immunity
§ 3B:14-61.17 Uniformity of application and construction
§ 3B:14-61.18 Relation to electronic signatures in global and national commerce act
§ 3B:14-62 Abandonment of real property may be authorized
§ 3B:14-63 Directions of court when abandonment ordered
§ 3B:14-64 Order approving abandonment of real property by fiduciary and authorizing conveyance of title
§ 3B:14-65 Public liability after abandonment but before being divested of title
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Terms Used In New Jersey Statutes > Title 3B > Chapter 14 - Survivorship and Succession Among Cofiduciaries; Duties and Powers

  • 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 administrators pendente lite. See New Jersey Statutes 3B:1-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Cofiduciary: means each of two or more fiduciaries jointly serving in a fiduciary capacity. See New Jersey Statutes 3B:1-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Domestic partner: means a domestic partner as defined in section 3 of P. See New Jersey Statutes 3B:1-1
  • Domiciliary foreign fiduciary: means any fiduciary who has received letters, or has been appointed, or is authorized to act as a fiduciary, in the 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. See New Jersey Statutes 3B:1-1
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, 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 prosequendum, administrators ad litem and other limited fiduciaries. See New Jersey Statutes 3B:1-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing instrument: means a deed, will, trust, insurance or annuity policy, account with the designation "pay on death" (POD) or "transfer on death" (TOD), security registered in beneficiary form with the designation "pay on death" (POD) or "transfer on death" (TOD), pension, profit-sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. See New Jersey Statutes 3B:1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Personal property: All property that is not real property.
  • Personal property: includes goods and chattels, rights and credits, moneys and effects, evidences of debt, choses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon, property or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything except real property as herein defined which may be the subject of ownership. See New Jersey Statutes 1:1-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments and all rights thereto and interests therein. See New Jersey Statutes 1:1-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testatrix: The female counterpart of a testator.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.