N.J. Stat. tit. 3B, ch. 17

N.J. Stat. tit. 3B, ch. 17
in effect

N.J. Stat. § 3B:17-1 Filing of release or discharge.

3B:17-1. A fiduciary need not render or settle an account if the fiduciary files with the court a release or discharge from the beneficiary, ward, or cestui que trust who has reached majority and is not incapacitated. The release or discharge shall be executed and acknowledged as provided for deeds of real estate to be recorded. amended 2013, c.103, s.50.

N.J. Stat. § 3B:17-2 Accounts of personal representatives

A personal representative may settle his account or be required to settle his account in the Superior Court. Unless for special cause shown, he shall not be required to account until after the expiration of 1 year after his appointment. L.1981, c. 405, s. 3B:17-2, eff. May 1, 1982.

N.J. Stat. § 3B:17-3 Accounts of guardians and trustees

A guardian or trustee shall settle his account in the Superior Court at intervals as the court may require. A guardian or trustee may settle his first account within 1 year after his appointment or as soon thereafter as may be practicable. L.1981, c. 405, s. 3B:17-3, eff. May 1, 1982.

N.J. Stat. § 3B:17-4 Account and bond required of cofiduciary

Upon good cause shown, the Superior Court may order each cofiduciary to account for all assets which may have come into his hands. The Superior Court may also require a fiduciary to give bond, in a sum and with sureties to be approved by the court, to each of his cofiduciaries to indemnify them against loss due to his neglect, default or breach of trust or to give a like bond to the Superior Court, conditioned for the faithful performance of his duties as a fiduciary and the proper disposition of all assets then in, or thereafter to come into, his hands. L.1981, c. 405, s. 3B:17-4, eff. May 1, 1982.

N.J. Stat. § 3B:17-5 Account by representative of deceased fiduciary

When a fiduciary dies without having filed an account or having fully settled and obtained an allowance of an account of the administration of the estate that has come into his hands, his legal representative may settle the account. L.1981, c. 405, s. 3B:17-5, eff. May 1, 1982.

N.J. Stat. § 3B:17-6 Examination of accountant on exceptions to account

On exceptions to an account of a fiduciary, the court or any party interested therein may examine the accountant, on oath, concerning the truth and fairness of the account. L.1981, c. 405, s. 3B:17-6, eff. May 1, 1982.

N.J. Stat. § 3B:17-7 Statements or information regarding assets as part of account

When, in an account, or in a complaint in an action for the settlement of an account, or in any writing annexed to the complaint or account, there appear lists of or statements or information as to the investments or other assets in a fiduciary's hands at the close of, or during, the period covered by the account or as to changes made in investments or other assets during that period, or there appear allegations or information as to other matters done or omitted by the fiduciary during the period, the complaint and the writing, statements, lists, information and allegations shall be deemed to be part of the account. L.1981, c. 405, s. 3B:17-7, eff. May 1, 1982.

N.J. Stat. § 3B:17-8 Effect of judgment allowing account

A judgment allowing an account, including a guardian's intermediate account, after due notice, shall be res adjudicata as to all exceptions which could or might have been taken to the account, and shall constitute an approval of the correctness and propriety of the account, the legality and propriety of the investments and other assets, the legality and propriety of the changes in investments or other assets, and the legality and propriety of other matters, and also shall exonerate and discharge the fiduciary from all claims of all interested parties and of those in privity with or represented by interested parties except: a. For the investments and other assets in the fiduciary's hands at the close of the period covered by the account, and assets which may come into his hands after the close of the account; b. Insofar as exceptions to the account shall be taken and sustained; and c. As relief may be had from a judgment in any civil action. L.1981, c. 405, s. 3B:17-8, eff. May 1, 1982.

N.J. Stat. § 3B:17-9 Nontestamentary trustee defined

As used in this article, "nontestamentary trustee" means any owner of real or personal property who holds title thereto subject to equitable duties to deal with the property for the benefit of another or others arising from an express intention to create those duties manifested in writing otherwise than by a will or other testamentary disposition of property. L.1981, c. 405, s. 3B:17-9, eff. May 1, 1982.

N.J. Stat. § 3B:17-10 Settling accounts in the Superior Court

A nontestamentary trustee shall have the right, in addition to and not in limitation of any other remedy now or hereafter provided, from time to time to settle his intermediate and final accounts in the Superior Court. L.1981, c. 405, s. 3B:17-10, eff. May 1, 1982.

N.J. Stat. § 3B:17-11 Surrogate's fees

The surrogate and the Clerk of the Superior Court shall receive for filing, auditing, and reporting to the court the accounts of nontestamentary trustees the same fees as are now or may hereafter be provided by law in the case of accountings by other fiduciaries. L.1981, c. 405, s. 3B:17-11, eff. May 1, 1982.

N.J. Stat. § 3B:17-12 Fiduciary, receiver or assignee; rental of safe deposit box; expenses of safe-keeping of securities

A fiduciary, receiver or assignee for the benefit of creditors may include as a part of the lawful expense of executing his trust a reasonable sum paid to a bank, trust company or safe deposit company organized under the laws of this State, or to a national bank doing business in this State, for safe deposit box rental for the safe-keeping or custody of the securities of the trust, as may be allowed by the court. A fiduciary, receiver or assignee for the benefit of creditors who holds under a lease or owns a vault within this State may include as a part of the lawful expense of executing his trust a reasonable sum for the safe-keeping of the securities and other property of the trust in the vault as may be allowed by the court. L.1981, c. 405, s. 3B:17-12, eff. May 1, 1982.

N.J. Stat. § 3B:17-13 Effect of nonjudicial settlement or waiver of account.

81. Unless the governing instrument expressly provides otherwise, an instrument settling or waiving an account, executed by all persons whom it would be necessary to join as parties in a proceeding for the judicial settlement of the account, shall be binding and conclusive on all other persons who may have a future interest in the property to the same extent as that instrument binds the person who executed it. L.2004,c.132,s.81.
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