§ 3B:22-1 Waiver of statutes of limitations
§ 3B:22-2 Order of priority of claims when assets insufficient.
§ 3B:22-3 Abatement for purpose of paying claims and debts.
§ 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:22-5 Liquidated claims payable in future
§ 3B:22-6 Payment of claim not legally presented; effect; allowance in personal representative’s account
§ 3B:22-7 Allowance or rejection of claims within 3 months
§ 3B:22-8 Commencement of action by creditor on disputed claim within 3 months after notice
§ 3B:22-10 Presentation of claim
§ 3B:22-11 Acceptance or rejection of claim
§ 3B:22-12 Action on unrejected claim
§ 3B:22-13 Failure to sue after notice to perfect claim; claim debarred
§ 3B:22-14 Direction of court before paying claims not presented within 9-month period.
§ 3B:22-15 Failure to file refunding bond; presumption that devise or distributive share remains unpaid
§ 3B:22-16 Action upon refunding bond of devisee or heir
§ 3B:22-17 Defense to action on fiduciary’s bond in certain cases
§ 3B:22-18 Action on refunding bond of ultimate devisee or heir
§ 3B:22-19 Assets being administered here subject to claims established wherever personal representative appointed
§ 3B:22-20 Payment of claims where assets insufficient
§ 3B:22-21 Payment of claims allowed in this State out of local assets; delivery of surplus assets to domiciliary personal representative
§ 3B:22-22 Real property liable only 1 year for debts
§ 3B:22-23 Time not extended by general words in will
§ 3B:22-24 Article not to affect liability of heirs or devisees
§ 3B:22-25 Sale of property subject to escheat to pay debts
§ 3B:22-26 Direction of court as to sale
§ 3B:22-27 Estate passed by sale or conveyance
§ 3B:22-28 Effect of confirmation
§ 3B:22-29 Accounting; surplus from sale payable to State Treasurer
§ 3B:22-30 Distribution by State Treasurer; proof of claim required of claimants
§ 3B:22-31 Payment of share to established claimant; State Treasurer released as to subsequent claimants; recovery by claimant from distributee
§ 3B:22-32 Distribution among creditors to be pro rata; preferred debts excepted
§ 3B:22-33 Claims not presented in time barred; exception; extension of time
§ 3B:22-34 Authority of court to pass upon claims against the estate and upon amount and value of estate
§ 3B:22-35 Judgment of insolvency; sale of assets
§ 3B:22-36 Proceeds; distribution
§ 3B:22-37 Residue after debts to go to heirs or devisees
§ 3B:22-38 Certain actions against personal representative saved
§ 3B:22-39 “Heirs and devisees” defined.
§ 3B:22-40 Heirs and devisees liable for debt of decedent
§ 3B:22-41 Joinder of parties
§ 3B:22-42 General judgment; special judgment
§ 3B:22-43 Liability in case of sale or transfer of estate
§ 3B:22-44 Contribution between heirs and devisees liable

Terms Used In New Jersey Statutes > Title 3B > Chapter 22

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Claims: include liabilities whether arising in contract, or in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent, including funeral expenses and expenses of administration, but does not include estate or inheritance taxes, demands or disputes regarding title to specific assets alleged to be included in the estate. See New Jersey Statutes 3B:1-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Devise: when used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will. See New Jersey Statutes 3B:1-1
  • Devisee: means any person designated in a will to receive a devise. See New Jersey Statutes 3B:1-1
  • Dower: A widow
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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
  • Heirs: means those persons, including, but not limited to, the surviving spouse, the domestic partner and the descendants of the decedent, who are entitled under the statutes of intestate succession to the property of a decedent. See New Jersey Statutes 3B:1-1
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • month: means a calendar month, and the word "year" means a calendar year. See New Jersey Statutes 1:1-2
  • oath: includes "affirmation. See New Jersey Statutes 1:1-2
  • 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: 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.
  • real property: include lands, tenements and hereditaments and all rights thereto and interests therein. 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.