N.J. Stat. tit. 3B, ch. 14

in effect

N.J. Stat. § 3B:14-1 Survivorship and succession among cofiduciaries; duties and powers

There shall be survivorship and succession between and among cofiduciaries. If only one fiduciary survives or remains qualified to act, no substituted fiduciary need be appointed to act in the place of any cofiduciary who may have died or may have been removed, discharged or otherwise disabled to act. The surviving fiduciary or cofiduciaries shall proceed with the duties of the office and shall be entitled to the property and assets, and to sue for and recover them, and to sell and convey them, as if the remaining fiduciary or cofiduciaries had been solely appointed to the office. L.1981, c. 405, s. 3B:14-1, eff. May 1, 1982.

N.J. Stat. § 3B:14-2 Appointment of substituted fiduciary in place of one deceased or removed

A substituted fiduciary may be discharged or removed in the same manner and for the same causes as an originally named or appointed fiduciary. Upon the death or removal of a substituted fiduciary, a substituted fiduciary may be appointed in his stead with the same powers, authority, duties and liabilities as his predecessor in office. L.1981, c. 405, s. 3B:14-2, eff. May 1, 1982.

N.J. Stat. § 3B:14-3 Powers and duties of substituted fiduciary

A substituted fiduciary may demand, receive and recover the property and assets of the estate, and maintain all proper actions for the recovery thereof, and do all acts necessary for the administration and settlement of the estate and execution of the powers and performance of the trusts contained in the will or other instrument, in the same manner and to the same effect as if he had been appointed or named in the first instance. The fiduciary shall in the same manner be liable for any neglect or failure to perform the duties of his appointment. L.1981, c. 405, s. 3B:14-3, eff. May 1, 1982.

N.J. Stat. § 3B:14-4 Actions of succeeding or substituted fiduciary to recover assets misapplied by predecessor

A fiduciary appointed in the place of a removed or discharged fiduciary, or the cofiduciary remaining in office after the discharge or removal of the fiduciary, may sue for assets as shall have come into the possession of the discharged or removed fiduciary for any breach of trust, waste, embezzlement or misapplication thereof and may sue for the recovery of the assets of the estate against the discharged or removed fiduciary or against any other person in possession of the assets. L.1981, c. 405, s. 3B:14-4, eff. May 1, 1982.

N.J. Stat. § 3B:14-5 Removed or discharged fiduciary to deliver assets to successor

A fiduciary when removed or discharged shall forthwith deliver to his cofiduciary or the substituted fiduciary succeeding him all the assets of the estate which he holds, and shall, within 60 days after the accounting and settlement as provided in N.J.S. 3B:14-7, pay over to the cofiduciary or substituted fiduciary, as the circumstances of the case may require or the court may order, any balance shown to be due. L.1981, c. 405, s. 3B:14-5, eff. May 1, 1982.

N.J. Stat. § 3B:14-6 Penalty for failure of removed or discharged fiduciary to account or deliver assets

A fiduciary who fails to account as provided by N.J.S. 3B:14-7 or who fails to comply with the provisions of N.J.S. 3B:14-5, or any order entered thereunder, shall be liable to a fine not exceeding the amount of the estate in the hands of the fiduciary and shall also be liable for contempt for disobeying or failing to perform any court order or for failing to pay the fine. All fines hereunder shall be collected by execution against the real or personal property of the defaulting fiduciary and shall be collected in favor of the person to whom the defaulting fiduciary should have made the payment or delivery and shall be received as assets by the cofiduciary or substituted fiduciary succeeding to the management of the estate. L.1981, c. 405, s. 3B:14-6, eff. May 1, 1982.

N.J. Stat. § 3B:14-7 Account of removed or discharged fiduciary

A removed or discharged fiduciary shall, within 60 days after removal or discharge or within a shorter or longer period as the court may direct, state and settle his account before the Superior Court for all the assets of the estate in his charge. L.1981, c. 405, s. 3B:14-7, eff. May 1, 1982.

N.J. Stat. § 3B:14-8 "Engaged in war service" defined

For the purposes of this article, a fiduciary or person named to act as fiduciary shall be deemed to be engaged in war service if in time of war: a. He is a member of the armed forces of the United States or of any of its allies or has been accepted for service and is awaiting induction into the service; or b. He is engaged in any work abroad in connection with a governmental agency of the United States or in connection with the American Red Cross Society or any other body with similar objects; or c. He is interned in an enemy country or is in a foreign country or a possession or dependency of the United States and is unable to return to this State. L.1981, c. 405, s. 3B:14-8, eff. May 1, 1982.

N.J. Stat. § 3B:14-9 Appointment of substitute for fiduciary engaged in war service

If a person is named to act as a fiduciary in a will or in any instrument creating a trust, who has not accepted the appointment or has not qualified, or if a person acting as a fiduciary is engaged in war service, the court may suspend the right of that person to be appointed as the fiduciary or suspend the powers of the fiduciary while he is engaged in war service and until the further order of the court. The court may appoint a substituted fiduciary until the termination of the suspension and reinstatement of the fiduciary or the person named to act as fiduciary is appointed. L.1981, c. 405, s. 3B:14-9, eff. May 1, 1982.

N.J. Stat. § 3B:14-10 Cofiduciaries; terms of instrument

If the fiduciary or person named to act as fiduciary is one of several cofiduciaries or one of several named to act as cofiduciaries, the court may appoint a substituted cofiduciary or may appoint the fiduciary's cofiduciary or cofiduciaries or the person or persons named to act as cofiduciaries to act as the substituted fiduciary. If the will or other instrument under which the fiduciary is appointed or person is named to act as fiduciary provides for a substitute or alternate fiduciary in the event of his death or otherwise, the court shall appoint as substituted fiduciary the substitute or alternate fiduciary or person named to act as substitute or alternate fiduciary to act if he is willing to act and can qualify. L.1981, c. 405, s. 3B:14-10, eff. May 1, 1982.

N.J. Stat. § 3B:14-11 Substituted fiduciary; bond

The substituted fiduciary shall give bond in the same terms as to condition, security and amount as were required of the fiduciary or person named to act as fiduciary in whose stead he is appointed or as the court shall direct. If the fiduciary or person named to act as fiduciary was not required to give bond the court may, in its discretion, require the substituted fiduciary to give bond in such terms as to condition, security and amount as the court may determine. L.1981, c. 405, s. 3B:14-11, eff. May 1, 1982.

N.J. Stat. § 3B:14-12 Substituted fiduciary; powers and duties

The substituted fiduciary, upon qualifying in accordance with the order of the court, shall be entitled to the control and possession of all of the unadministered assets of the estate, trust or fund, and shall be vested with title to and powers over the estate, trust or fund as the fiduciary or person named to act as fiduciary, in whose place and stead the substituted fiduciary is appointed, had or would have had except for the suspension of rights or powers and shall have power to administer the estate, trust or fund and shall be required to administer the estate, trust or fund and to account for his administration according to law. L.1981, c. 405, s. 3B:14-12, eff. May 1, 1982.

N.J. Stat. § 3B:14-13 Reinstatement of original fiduciary

When the fiduciary or person named to act as fiduciary in whose place a substituted fiduciary is appointed ceases to be engaged in war service, he may apply to the court to be reinstated as fiduciary or may be appointed to act as fiduciary if any part of the estate, trust or fund remains unadministered and if any of the duties of the office of fiduciary remain unexecuted, except the duty to account. L.1981, c. 405, s. 3B:14-13, eff. May 1, 1982.

N.J. Stat. § 3B:14-14 Termination of substituted fiduciary's powers and duties; accounting and delivery of assets

Upon reinstatement of the original fiduciary or person named to act as fiduciary, any substituted fiduciary of the estate, trust or fund, appointed by the court shall be removed and all of his powers as substituted fiduciary shall cease, except the power and duty to account for his administration of the estate, trust or fund. The substituted fiduciary shall deliver to the reinstated fiduciary all of the unadministered assets of the estate, trust or fund remaining in his possession and control and shall promptly account to the court for his administration of the estate, trust or fund. L.1981, c. 405, s. 3B:14-14, eff. May 1, 1982.

N.J. Stat. § 3B:14-15 Powers and duties of reinstated fiduciary

Upon reinstatement, the fiduciary or person named to act as fiduciary shall be vested with all of the title to that portion of the estate, trust or fund as has not been administered by the substituted fiduciary, and shall have all of the powers and duties as to the estate, trust or fund which he had or would have had by virtue of his original appointment as fiduciary or his being named to act as fiduciary. He shall have no responsibility for the administration of the estate, trust or fund by the substituted fiduciary or person named to act as substituted fiduciary. He shall be responsible for and shall account for his own administration of the estate, trust or fund, which may have remained in his hands or for which he may be accountable by his own action or neglect. L.1981, c. 405, s. 3B:14-15, eff. May 1, 1982.

N.J. Stat. § 3B:14-16 Commissions; apportionment

Commissions on the administration of the estate, trust or fund shall be apportioned between the original fiduciary and the substituted fiduciary as the court shall direct. L.1981, c. 405, s. 3B:14-16, eff. May 1, 1982.

N.J. Stat. § 3B:14-17 More than one substituted fiduciary

The court may appoint more than one substituted fiduciary in place of any fiduciary or person named to act as fiduciary engaged in war service if, in its discretion, the court determines that it is for the best interests of the estate, trust or fund, or of the parties interested therein, that the appointment be made. L.1981, c. 405, s. 3B:14-17, eff. May 1, 1982.

N.J. Stat. § 3B:14-18 Discharge from office of fiduciary; account; allowances

A fiduciary may be discharged from the further duties of his office by the court. The court shall examine into the matter and if sufficient cause appears, the court may grant the discharge unless it will be prejudicial to the estate or persons interested therein or for any other reason the discharge ought not to be granted. A discharge so granted shall discharge the fiduciary of all the further duties of his office except accounting for and paying over the money and assets with which he is chargeable by virtue of his office. If the fiduciary is discharged, the court shall make orders respecting his commissions as may be just and equitable. L.1981, c. 405, s. 3B:14-18, eff. May 1, 1982.

N.J. Stat. § 3B:14-19 Discharge from particular trust; effect

Where a fiduciary is appointed by a will to perform a particular trust thereunder, he may be discharged from the performance thereof by the court. The court may grant the discharge and the fiduciary shall be relieved of all further duties and liabilities with respect to the trust, except accounting for and paying over to his successor all moneys or assets pertaining to the trust, for which he is accountable. L.1981, c. 405, s. 3B:14-19, eff. May 1, 1982.

N.J. Stat. § 3B:14-20 Discharge of one or more joint fiduciaries

When there is more than one fiduciary they may all, or any one or more of them, be discharged. L.1981, c. 405, s. 3B:14-20, eff. May 1, 1982.

N.J. Stat. § 3B:14-21 Removal for cause.

3B:14-21. The court may remove a fiduciary from office when the fiduciary: a. After due notice of an order or judgment of the court so directing, neglects or refuses, within the time fixed by the court, to file an inventory, render an account, or give security or additional security; b. After due notice of any other order or judgment of the court made under its proper authority, neglects or refuses to perform or obey the order or judgment within the time fixed by the court; c. Embezzles, wastes, or misapplies any part of the estate for which the fiduciary is responsible, or abuses the trust and confidence reposed in the fiduciary; d. No longer resides nor has an office in the State and neglects or refuses to proceed with the administration of the estate and perform the duties required; e. Is incapacitated for the transaction of business; or f. Neglects or refuses, as one of two or more fiduciaries, to perform the required duties or to join with the other fiduciary or fiduciaries in the administration of the estate for which they are responsible whereby the proper administration and settlement of the estate is or may be hindered or prevented. amended 2013, c.103, s.44.

N.J. Stat. § 3B:14-22 Discharge or removal not to release fiduciary or sureties from certain liabilities

The discharge or removal of a fiduciary for any cause authorized by this article shall not release or discharge him or his surety or sureties, or any of them, from liability for the estate, or any part thereof, which has been received or ought to have been received by him or them, or for any neglect, default, miscarriage or breach of trust in the execution of his office. L.1981, c. 405, s. 3B:14-22, eff. May 1, 1982.

N.J. Stat. § 3B:14-23 Powers.

3B:14-23. Powers. In the absence of contrary or limiting provisions in the judgment or order appointing a fiduciary, in the will, deed, or other instrument or in a subsequent court judgment or order, every fiduciary shall, in the exercise of good faith and reasonable discretion, have the power: a. To accept additions to any estate or trust from sources other than the estate of the decedent, the minor, the person who is incapacitated, or the settlor of a trust; b. To acquire the remaining undivided interest in an estate or trust asset in which the fiduciary, in a fiduciary capacity, holds an undivided interest; c. To invest and reinvest assets of the estate or trust under the provisions of the will, deed, or other instrument or as otherwise provided by law and to exchange assets for investments and other property upon terms as may seem advisable to the fiduciary; d. To effect and keep in force fire, rent, title, liability, casualty, or other insurance to protect the property of the estate or trust and to protect the fiduciary; e. With respect to any property or any interest therein owned by an estate or trust, including any real property belonging to the fiduciary's decedent at death, except where the property or any interest therein is specifically disposed of: (1) To take possession of and manage the property and to collect the rents therefrom, and pay taxes, mortgage interest, and other charges against the property; (2) To sell the property at public or private sale, and on terms as in the opinion of the fiduciary shall be most advantageous to those interested therein; (3) With respect to fiduciaries other than a trustee, to lease the property for a term not exceeding three years, and in the case of a trustee to lease the property for a term not exceeding 10 years, even though the term extends beyond the duration of the trust, and in either case including the right to explore for and remove mineral or other natural resources, and in connection with mineral leases to enter into pooling and unitization agreements; (4) To mortgage the property; (5) To grant easements to adjoining owners and utilities; (6) A fiduciary acting under a will may exercise any of the powers granted by this subsection e. notwithstanding the effects upon the will of the birth of a child after its execution; f. To make repairs to the property of the estate or trust for the purpose of preserving the property or rendering it rentable or saleable; g. To grant options for the sale of any property of the estate or trust for a period not exceeding six months; h. With respect to any mortgage held by the estate or trust to continue it upon and after maturity, with or without renewal or extension, upon terms as may seem advisable to the fiduciary and to foreclose, as an incident to collection of any bond or note, any mortgage and purchase the mortgaged property or acquire the property by deed from the mortgagor in lieu of foreclosure; i. In the case of the survivor or survivors of two or more fiduciaries to administer the estate or trust without the appointment of a successor to the fiduciary or fiduciaries who have ceased to act and to exercise or perform all of the powers given unless contrary to the express provision of the will, deed, or other instrument; j. As a new, alternate, successor, substitute, or additional fiduciary or fiduciaries, to have or succeed to all of the powers, duties, and discretion of the original fiduciary or fiduciaries, with respect to the estate or trust, as were given to the original fiduciary or fiduciaries named in or appointed by a will, deed, or other instrument, unless the exercise of the powers, duties, or discretion of the original fiduciary or fiduciaries is expressly prohibited by the will, deed, or other instrument to any successor or substitute fiduciary or fiduciaries; k. Where there are three or more fiduciaries qualified to act, to take any action with respect to the estate or trust which a majority of the fiduciaries shall determine; a fiduciary who fails to act through absence or disability, or a dissenting fiduciary who joins in carrying out the decision of a majority of the fiduciaries if the dissent is expressed promptly in writing to the cofiduciaries, shall not be liable for the consequences of any majority decision, provided that liability for failure to join in administering the trust or to prevent a breach of trust may not thus be avoided; l. To employ and compensate attorneys for services rendered to the estate or trust or to a fiduciary in the performance of the fiduciary's duties; m. To compromise, contest, or otherwise settle any claim in favor of the estate, trust, or fiduciary or in favor of third persons and against the estate, trust, or fiduciary, including transfer inheritance, estate, income, and other taxes; n. To vote in person or by proxy, discretionary or otherwise, shares of stock or other securities held by the estate or trust; o. To pay calls, assessments, and any other sums chargeable or accruing against or on account of shares of stock, bonds, debentures, or other corporate securities in the control of a fiduciary, whenever the payments may be legally enforceable against the fiduciary or any property of the estate or trust or the fiduciary deems payment expedient and for the best interests of the estate or trust; p. To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers, or liquidations, and to consent to corporate sales or leases and encumbrances, and, in the exercise of those powers, the fiduciary is authorized to deposit stocks, bonds, or other securities with any custodian, agent, protective or other similar committee, or trustee under a voting trust agreement, under terms and conditions respecting the deposit thereof as the fiduciary may approve; q. To execute and deliver agreements, assignments, bills of sale, contracts, deeds, notes, receipts, and any other instrument necessary or appropriate for the administration of the estate or trust; r. In the case of a trustee: (1) To hold two or more trusts or parts of trusts created by the same instrument, as an undivided whole, without separation as between the trusts or parts of the trusts, provided that separate trusts or parts of trusts shall have undivided interests and provided further that no holding shall defer the vesting of any estate in possession or otherwise; (2) To divide a trust, before or after its initial funding, into two or more separate trusts, provided that such division will not materially impair the accomplishment of the trust purposes or the interests of any beneficiary. Distributions provided for by the governing instrument may be made from one or more of the separate trusts; s. To distribute in kind any property of the estate or trust as provided in article 1 of chapter 23 of this Title; t. To join with the surviving spouse, partner in a civil union, or domestic partner, the executor of the decedent's will, or the administrator of the decedent's estate in the execution and filing of a joint income tax return for any period prior to the death of a decedent for which no return or gift tax return on gifts made by the decedent's surviving spouse, partner in a civil union, or domestic partner was filed, and to consent to treat the gifts as being made one-half by the decedent, for any period prior to a decedent's death, and to pay taxes thereon as are chargeable to the decedent; u. To acquire or dispose of an asset, including real or personal property in this State or another state, for cash or on credit, at public or private sale, and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset; v. To continue any business constituting the whole or any part of the estate for so long a period of time as the fiduciary may deem advisable and advantageous for the estate and persons interested therein; w. In the case of a qualified bank as defined in section 1 of P.L.1948, c.67 (C.17:9A-1), and an out-of-State bank as defined in section 1 of P.L.1948, c.67 (C.17:9A-1), which has established a trust office in this State to purchase, sell, and maintain for any fiduciary account, securities issued by an investment company which is operated and maintained in accordance with the "Investment Company Act of 1940," 15 U.S.C.s.80a-1 et seq., and for which the qualified bank or out-of-State bank is providing services as an investment advisor, investment manager, custodian, or otherwise, including those for which it receives compensation, if: (1) The investment is otherwise in accordance with applicable fiduciary standards; and (2) The investment is authorized by the agreement or instrument creating the fiduciary account that gives the qualified bank or out-of-State bank investment authority, or by court order; or (3) The qualified bank or out-of-State bank provides written notice not less than annually by prospectus, account statement, or otherwise, disclosing to any current income beneficiaries of the trust the services provided by the qualified bank or its affiliate or out-of-State bank to the investment company, and the rate, formula, or other method by which compensation paid to the qualified bank or its affiliate or out-of-State bank is determined and the qualified bank or out-of-State bank does not receive a written objection from any current income beneficiary within 30 days after receipt of this notice. If a written objection is received from any current income beneficiary pursuant to this paragraph (3), no such investment of the trust assets of that fiduciary account shall be made or maintained. Such investment shall not be deemed self-dealing or a fiduciary conflict; nor shall the fact that other beneficiaries of fiduciary accounts of the qualified bank or out-of-State bank have similar investments be deemed to be an improper commingling of assets by the qualified bank or out-of-State bank. For purposes of this subsection, "fiduciary account" shall include a trust, estate, agency, or other account in which funds, property, or both, are held by a qualified bank pursuant to section 28 of P.L.1948, c.67 (C.17:9A-28), or an account for which a qualified bank or out-of-State bank acts as investment advisor or manager or an account held by an out-of-State bank as defined in section 1 of P.L.1948, c. 67 (C.17:9A-1); x. To employ and compensate accountants from the fiduciary fund for services rendered to the estate or trust or to a fiduciary in the performance of the fiduciary's duties, including the duty of a corporate or other fiduciary with respect to the preparation of accountings, without reduction in commissions due to the fiduciary, so long as such accountings are not the usual, customary, or routine services provided by the fiduciary in light of the nature and skill of the fiduciary. In evaluating the actions of the fiduciary under this subsection, the court shall consider the size and complexity of the fiduciary fund, the length of time for which the accounting is rendered, and the increased risk and responsibilities imposed on fiduciaries as a result of revisions to laws affecting fiduciaries including, but not limited to, the "Uniform Principal and Income Act of 2001," P.L.2001, c.212 (C.3B:19B-1 et seq.) and the "Prudent Investor Act," P.L.1997, c.26 (C.3B:20-11.1 et seq.) provided that such revisions of the laws affecting fiduciaries were enacted after the fiduciary responsibilities under the corresponding will, deed, or other instrument, or court judgment or order, were imposed on, and assumed by, the fiduciary. For purposes of this subsection, "Accountant" means a person who is registered as a certified public accountant pursuant to the provisions of the "Accountancy Act of 1997," P.L.1997, c.259 (C.45:2B-42 et seq.), or an accounting firm which is organized for the practice of public accounting pursuant to the provisions of the "Accountancy Act of 1997," P.L.1997, c.259 (C.45:2B-42 et seq.) and "The Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.); and y. The powers set forth in this section are in addition to any other powers granted by law, and by a will, deed, or other instrument. amended 1991, c.503, s.2; 1993, c.360; 1997, c.250; 2003, c.33; 2013, c.103, s.45.

N.J. Stat. § 3B:14-24 Authorization to exercise other powers.

3B:14-24. The court having jurisdiction of the estate or trust may authorize the fiduciary to exercise any other power or to disclaim any power, if the court determines such exercise or disclaimer is necessary or advisable which in the judgment of the court is necessary for the proper administration of the estate or trust. Amended 2004, c.132, s.80.

N.J. Stat. § 3B:14-25 Payment of debt or delivery of certain personal property; requirements

After the expiration of 60 days from the appointment of a domiciliary foreign fiduciary, any person indebted to the estate or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign fiduciary upon being presented with a certificate of his letters or other proof of his authority and an affidavit made by or on his behalf stating: a. The date of the letters of the domiciliary foreign fiduciary, or the date when he first received authority to act; b. That no letters have issued in this State and no action therefor is pending in this State; and c. That the domiciliary foreign fiduciary is entitled to payment or delivery. L.1981, c. 405, s. 3B:14-25, eff. May 1, 1982.

N.J. Stat. § 3B:14-26 Release upon payment or delivery in good faith

Payment or delivery made in good faith under N.J.S. 3B:14-25 on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local fiduciary. L.1981, c. 405, s. 3B:14-26, eff. May 1, 1982.

N.J. Stat. § 3B:14-27 When payment or delivery may not be made

Payment or delivery under N.J.S. 3B:14-25 may not be made if a resident creditor of the estate has notified the debtor or the person having possession of the personal property that the debt should not be paid nor the property delivered to the domiciliary foreign fiduciary. L.1981, c. 405, s. 3B:14-27, eff. May 1, 1982.

N.J. Stat. § 3B:14-28 Filing proof of domiciliary foreign fiduciary's authority

If letters have not issued in this State or an action therefor is not pending in this State, a domiciliary foreign fiduciary or any other person may file in the office of the Clerk of the Superior Court, or if the decedent, ward, or trust has an interest in real estate in any county of this State, then either in that office or in the office of the surrogate of that county, authenticated copies of the letters of appointment of the fiduciary and of any official bond he has given. L.1981, c. 405, s. 3B:14-28, eff. May 1, 1982.

N.J. Stat. § 3B:14-29 Exercise of powers by domiciliary foreign fiduciary; security for costs

Upon compliance with N.J.S. 3B:14-28, a domiciliary foreign fiduciary may exercise as to assets in this State all powers he would have had if he had received letters or been appointed in this State, including the power to release and discharge real or personal estate from a mortgage, judgment or other lien or encumbrance held by his decedent, ward or trust. Whether N.J.S. 3B:14-28 is complied with prior to, pending, or subsequent to the action, a domiciliary foreign fiduciary may maintain, or be made a party defendant or otherwise, to any action in any court of this State as if letters had been granted to him in this State, subject to any conditions generally imposed upon nonresident parties. Security for costs may be required of him. L.1981, c. 405, s. 3B:14-29, eff. May 1, 1982.

N.J. Stat. § 3B:14-30 Termination of domiciliary foreign fiduciary's powers; protection of third persons; exercise of powers binding on local fiduciary

The power of a domiciliary foreign fiduciary under N.J.S. 3B:14-28 or N.J.S. 3B:14-29 shall be exercised only if letters have not been issued or an action therefor is not pending in this State. The issuance of local letters or an action therefor terminates the power of the domiciliary foreign fiduciary to act under N.J.S. 3B:14-29, but a court in this State may allow the domiciliary foreign fiduciary to exercise limited powers to preserve the estate. No person who, before receiving actual notice of local letters or an action therefor, has changed his position in reliance upon the powers of the domiciliary foreign fiduciary, shall be prejudiced by reason of the action for, or issuance of, local letters. The local fiduciary is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the domiciliary foreign fiduciary and may be substituted for him in any action in this State. L.1981, c. 405, s. 3B:14-30, eff. May 1, 1982.

N.J. Stat. § 3B:14-31 Personal liability of fiduciary on contracts

Unless otherwise provided in the contract, a fiduciary is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his fiduciary capacity and identify the estate in the contract. L.1981, c. 405, s. 3B:14-31, eff. May 1, 1982.

N.J. Stat. § 3B:14-32 Personal liability for obligations arising from ownership or control of estate; torts

A fiduciary is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault. L.1981, c. 405, s. 3B:14-32, eff. May 1, 1982.

N.J. Stat. § 3B:14-33 Asserting claims against estate

Claims based on contracts entered into by a fiduciary in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the fiduciary in his fiduciary capacity, whether or not the fiduciary is individually liable therefor. L.1981, c. 405, s. 3B:14-33, eff. May 1, 1982.

N.J. Stat. § 3B:14-34 Determining issues of liability between estate and fiduciary

Issues of liability as between the estate and the fiduciary individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding. L.1981, c. 405, s. 3B:14-34, eff. May 1, 1982.

N.J. Stat. § 3B:14-35 Liability of fiduciary for improper exercise of power concerning estate

If the exercise of power concerning the estate is improper, the fiduciary is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a fiduciary shall be determined as provided in N.J.S. 3B:14-28 and N.J.S. 3B:14-29. L.1981, c. 405, s. 3B:14-35, eff. May 1, 1982.

N.J. Stat. § 3B:14-36 Voidable sales, encumbrances or transactions; exceptions

Any sale or encumbrance to the fiduciary, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the fiduciary, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless: a. The will or a contract entered into by the decedent expressly authorized the transaction; or b. The transaction is approved by the court after notice to interested persons. L.1981, c. 405, s. 3B:14-36, eff. May 1, 1982.

N.J. Stat. § 3B:14-37 Protection of persons assisting or dealing with fiduciary.

3B:14-37. Protection of persons assisting or dealing with fiduciary. a. A person other than a beneficiary who in good faith either assists a fiduciary or deals with him for value is protected as if the fiduciary properly exercised his power. b. The fact that a person knowingly deals with a fiduciary does not alone require the person to inquire into the existence of a power or the propriety of its exercise. c. Except as to real property specifically devised by will, no provision in any will, trust or order of court purporting to limit the power of a fiduciary is effective except as to persons with actual knowledge thereof. d. A person who in good faith pays, transfers or delivers to a fiduciary money or other property is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of the payment, transfer or delivery is not invalid in consequence of a misapplication by the fiduciary. e. A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee. f. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. g. The protection here expressed is in addition to that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. Amended 2015, c.276, s.2.

N.J. Stat. § 3B:14-38 Actions by fiduciaries

The fiduciary or a majority of the fiduciaries who qualify may maintain an action in any court of this State without joining any fiduciary who has failed to qualify or join in the action. An action so brought and judgment recovered thereon in the name of the majority shall be as valid and effectual as if brought by and in the names of all the qualified fiduciaries. L.1981, c. 405, s. 3B:14-38, eff. May 1, 1982.

N.J. Stat. § 3B:14-39 Several fiduciaries sued; judgment and execution

In a civil action in any court of this State against two or more fiduciaries, those served shall defend the action on behalf of all of them. If, in the action, judgment is recovered by the plaintiff payable out of the decedent's estate, he shall have judgment and execution against all the fiduciaries named in the process, to be satisfied out of the decedent's estate. L.1981, c. 405, s. 3B:14-39, eff. May 1, 1982.

N.J. Stat. § 3B:14-40 No actions against personal representatives within 6 months of grants of letters; exceptions; execution

To enable personal representatives to examine into the condition of the estate and to ascertain its amount and value and the debts to be paid, no actions, except for funeral expenses, shall be brought or maintained against personal representatives within 6 months after letters testamentary or of administration have been granted, as the case may be, unless by special leave of the court in which the action is brought; and, if leave is given, no execution shall issue within the period of 6 months. L.1981, c. 405, s. 3B:14-40, eff. May 1, 1982.

N.J. Stat. § 3B:14-41 Actions against fiduciaries; proof of proper administration

The failure of a fiduciary to plead in an action against him in a representative capacity that he has fully administered the estate or the extent to which he has administered the estate shall not preclude him from proving his due administration of the estate in an action against him personally on a judgment recovered against him in the original action in his representative capacity. Notice by the fiduciary of his intention to prove administration must be given 20 days before trial. L.1981, c. 405, s. 3B:14-41, eff. May 1, 1982.

N.J. Stat. § 3B:14-42 Recovery of damages for injury to property subsequently transferred

A person injuring, damaging or destroying property while in the hands of a fiduciary shall be liable to the fiduciary in an action for damages for the benefit of his cestui que trust or persons in interest. The fiduciary's right to substantial damages shall not be affected by the fact that he may have transferred or conveyed the property to his cestui que trust, or other person, after the time of the injury, damage or destruction and before action brought. L.1981, c. 405, s. 3B:14-42, eff. May 1, 1982.

N.J. Stat. § 3B:14-43 Adjudication binding on local fiduciary

An adjudication rendered in any jurisdiction in favor of or against any fiduciary of the estate is as binding on the local fiduciary upon notice to him as if he were a party to the adjudication. L.1981, c. 405, s. 3B:14-43, eff. May 1, 1982.

N.J. Stat. § 3B:14-44 Discovery of assets in action by fiduciary

Upon application by a fiduciary, the court may require any person to appear before and make discovery of his possession of, or knowledge of the existence or whereabouts of personal property of the fiduciary's decedent, ward or trust by the production of books, papers or securities relating to the estate, guardianship or trusteeship or by the examination of the person and other witnesses. L.1981, c. 405, s. 3B:14-44, eff. May 1, 1982.

N.J. Stat. § 3B:14-45 Discovery of assets in action against the fiduciary

The court may, if it shall appear that a fiduciary may have wasted, embezzled or misapplied the estate intrusted to him, compel discovery to be made of the condition of the estate by the production of books, papers, securities and documents relating to the estate, or the examination of the fiduciary and other witnesses. L.1981, c. 405, s. 3B:14-45, eff. May 1, 1982.

N.J. Stat. § 3B:14-46 "Process" defined

The word "process" as used in this subarticle shall include any summons, subpena, writ, attachment and levy thereunder, garnishment, rule, order, notice, decision, judgment or execution and levy thereunder, or any other process whatsoever, that may lawfully be issued out of any court of this State against a fiduciary in any proceeding affecting the estate which he may represent or affecting the property or interest of any beneficiary of, or interested in, the estate or against the property or interest of any beneficiary which is held or claimed to be held by the fiduciary for the account or benefit of the beneficiary. L.1981, c. 405, s. 3B:14-46, eff. May 1, 1982.

N.J. Stat. § 3B:14-47 Fiduciary to file power of attorney; requisites of power

Every fiduciary, whether or not a resident within this State, who is granted letters testamentary or of administration, trusteeship or guardianship within this State shall, at the time of the grant, or before he undertakes to perform his duties, file a power of attorney with the surrogate of the county or clerk of the court granting the letters. The power of attorney shall be duly executed in writing, shall set forth the post office address, street and number, of the fiduciary and, by sufficient language, constitute the surrogate or clerk with whom it is filed, and his successors in office, his true and lawful attorney to receive process affecting the estate in charge of the fiduciary, or any interest therein, with the same force and effect as if the process were duly served on the fiduciary within this State. L.1981, c. 405, s. 3B:14-47, eff. May 1, 1982.

N.J. Stat. § 3B:14-48 Service of process

Service of process, under the provisions of this subarticle, shall be made by leaving a copy of the process with the surrogate or clerk, or with a deputy or a clerk employed in his office, together with a fee of $2.00 to be taxed in the costs. The surrogate, deputy or clerk shall forthwith notify the fiduciary of the service by mailing a letter, with a copy of the process served inclosed, with full postage prepaid, directed to the fiduciary at the post office address given in the power of attorney. L.1981, c. 405, s. 3B:14-48, eff. May 1, 1982.

N.J. Stat. § 3B:14-49 Submission to jurisdiction of courts

A domiciliary foreign fiduciary submits himself personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by: a. Filing authenticated copies of his letters as provided in N.J.S. 3B:14-28; b. Receiving payment of money or taking delivery of personal property under N.J.S. 3B:14-25, but jurisdiction hereunder is limited to the money or value of personal property received; c. Doing any act as a fiduciary in this State which would have given the State jurisdiction over him as an individual. L.1981, c. 405, s. 3B:14-49, eff. May 1, 1982.

N.J. Stat. § 3B:14-50 Jurisdiction by act of decedent

In addition to jurisdiction conferred by N.J.S. 3B:14-49, a domiciliary foreign fiduciary for a decedent is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to their jurisdiction immediately prior to death. L.1981, c. 405, s. 3B:14-50, eff. May 1, 1982.

N.J. Stat. § 3B:14-51 Service of process

If a domiciliary foreign fiduciary has submitted himself to the jurisdiction of the courts of this State, service of process shall be made upon him as provided by the Rules of the Supreme Court of New Jersey. L.1981, c. 405, s. 3B:14-51, eff. May 1, 1982.

N.J. Stat. § 3B:14-52 Short title

This article shall be known and may be cited as the "Uniform Fiduciaries Law." L.1981, c. 405, s. 3B:14-52, eff. May 1, 1982.

N.J. Stat. § 3B:14-53 Definitions

As used in this article: a. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking and any State chartered savings and loan association, or any Federal savings and loan association, having its principal office in this State; The inclusion of savings and loan associations within the provisions of this article shall not be construed as conferring upon those associations any powers not otherwise conferred by this article, nor as enlarging any powers so conferred; b. "Fiduciary" includes a trustee under any trust, express, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate; c. "Person" includes two or more persons having a joint or common interest; d. "Principal" includes any person to whom a fiduciary as such owes an obligation; e. A thing is done "in good faith" within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not. L.1981, c. 405, s. 3B:14-53, eff. May 1, 1982.

N.J. Stat. § 3B:14-54 Application of payments of money or transfer of property made to fiduciaries

A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary is authorized to receive, is not responsible for the proper application thereof by the fiduciary. Any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary. L.1981, c. 405, s. 3B:14-54, eff. May 1, 1982.

N.J. Stat. § 3B:14-55 Check drawn by and payable to fiduciary

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw the instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith. L.1981, c. 405, s. 3B:14-55, eff. May 1, 1982.

N.J. Stat. § 3B:14-56 Deposit in name of fiduciary; checks; when bank liable

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which the deposit is entered, without being liable to the principal, unless the bank pays the check with the actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. L.1981, c. 405, s. 3B:14-56, eff. May 1, 1982.

N.J. Stat. § 3B:14-57 Checks drawn by fiduciary upon principal's account

If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check, or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. L.1981, c. 405, s. 3B:14-57, eff. May 1, 1982.

N.J. Stat. § 3B:14-58 Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks

3B:14-58. Deposit in fiduciary's personal account; liability of bank receiving deposit and paying checks. a. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks drawn by him upon an account in the name of his principal, if he is empowered to draw thereon, or, except as provided in subsection b. of this section, if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving the deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary. The bank is authorized to pay the amount of the deposit of any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the deposit or in drawing the check, or with knowledge of facts that its action in receiving the deposit of paying the check amounts to bad faith. b. In the case of an instrument payable to the principal or the fiduciary as fiduciary, the bank has notice of the breach of fiduciary duty if the instrument is deposited to an account other than an account of the fiduciary, as fiduciary, or an account of the principal. Amended 1995, c.28, s.11; 1996, c.134, s.2.

N.J. Stat. § 3B:14-59 Deposit in names of two or more trustees; liability of payee, holder or bank

When a deposit is made in a bank in the names of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith. L.1981, c. 405, s. 3B:14-59, eff. May 1, 1982.

N.J. Stat. § 3B:14-60 Cases not provided for in article

In any case not provided for in this article, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, commercial transactions and banking, shall continue to apply. L.1981, c. 405, s. 3B:14-60, eff. May 1, 1982.

N.J. Stat. § 3B:14-61 Uniformity of interpretation

The article shall be so interpreted and construed as to effectuate its general purpose to make uniform laws of those states which enact it. L.1981, c. 405, s. 3B:14-61, eff. May 1, 1982.

N.J. Stat. § 3B:14-61.1 Short title.

1. Short Title. This act shall be known and may be cited as the "Uniform Fiduciary Access to Digital Assets Act." L.2017, c.237, s.1.

N.J. Stat. § 3B:14-61.2 Definitions.

2. Definitions. As used in this act: "Account" means an arrangement under a terms-of-service in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney. "Carries" means engages in the transmission of an electronic communication. "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. "Content of an electronic communication" means information concerning the substance or meaning of the communication which: (a) has been sent or received by a user; (b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (c) is not readily accessible to the public. "Court" means the Probate Part of the Chancery Division of the Superior Court. For the purposes of this act, "court" includes the Surrogate's Court acting within the scope of its authority pursuant to statute or the Rules of Court. "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user. "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user. "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. "Electronic communication" has the meaning set forth in 18 U.S.C. s.2510(12). "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication. "Fiduciary" means an original, additional, or successor personal representative, guardian, agent, or trustee. "Guardian" means a person appointed by the court to make decisions regarding the property of an incapacitated adult, including a person appointed in accordance with N.J.S.3B:12-1 et seq. or its equivalent in a state other than New Jersey. "Incapacitated person" means an incapacitated individual, as defined in N.J.S.3B:1-2, for whom a guardian has been appointed. "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this State other than this act. "Power of attorney" means a written instrument by which an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of section 28 of P.L.1948, c.67 (C.17:9A-28) known as the attorney-in-fact to perform specified acts on behalf of the principal as the principal's agent. "Principal" means an individual, at least 18 years of age, who, in a power of attorney, authorizes an agent to act. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Remote-computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. s.2510(14). "Terms-of-service agreement" means an agreement that controls the relationship between an account holder and a custodian. "Trustee" means a fiduciary with legal title to property pursuant to an agreement or declaration that creates a beneficial interest in another. "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. "User" means a person that has an account with a custodian. "Will" means the last will and testament of a testator or testatrix and includes any codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of a person or class to succeed to property of the decedent passing by intestate succession. L.2017, c.237, s.2.

N.J. Stat. § 3B:14-61.3 User's residence in State, inapplicability of act to employers' digital assets.

3. User's Residence in State; Inapplicability of Act to Employers' Digital Assets. a. This act applies to a custodian if the user resides in this State or resided in this State at the time of the user's death. b. This act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. L.2017, c.237, s.3.

N.J. Stat. § 3B:14-61.4 User direction for disclosure of digital assets.

4. User Direction for Disclosure of Digital Assets. a. A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. b. If a user has not used an online tool to give direction under subsection a. of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. c. A user's direction under subsection a. or b. of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. L.2017, c.237, s.4.

N.J. Stat. § 3B:14-61.5 Terms-of-service agreement.

5. Terms-of-Service Agreement. a. This act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. b. This act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. c. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 4 of this act. L.2017, c.237, s.5.

N.J. Stat. § 3B:14-61.6 Procedure for disclosing digital assets.

6. Procedure for Disclosing Digital Assets. a. When disclosing digital assets of a user under this act, the custodian shall either: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. b. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act. c. A custodian need not disclose under this act a digital asset deleted by a user. d. If a user directs or a fiduciary requests a custodian to disclose under this act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. L.2017, c.237, s.6.

N.J. Stat. § 3B:14-61.7 Disclosure of content of electronic communications of deceased user.

7. Disclosure of Content of Electronic Communications of Deceased User. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: a. a written request for disclosure in physical or electronic form; b. a copy of the death certificate of the user; c. a certificate evidencing the appointment of the representative or a small-estate affidavit; d. unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and e. if requested by the custodian, any of the following: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; or (3) a finding by the court of any of the following: (a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; (b) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. s.2701 et seq., Unlawful Access to Stored Communications; 47 U.S.C. s.222, Privacy of Customer Information; or other applicable law; (c) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (d) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. L.2017, c.237, s.7.

N.J. Stat. § 3B:14-61.8 Disclosure of other digital assets of deceased user.

8. Disclosure of Other Digital Assets of Deceased User. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian: a. a written request for disclosure in physical or electronic form; b. a copy of the death certificate of the user; c. a certificate evidencing the appointment of the representative or a small-estate affidavit; and d. if requested by the custodian, any of the following: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; (3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (4) a finding by the court of either of the following: (a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; or (b) disclosure of the user's digital assets is reasonably necessary for administration of the estate. L.2017, c.237, s.8.

N.J. Stat. § 3B:14-61.9 Disclosure of content of electronic communications of principal.

9. Disclosure of Content of Electronic Communications of Principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: a. a written request for disclosure in physical or electronic form; b. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and d. if requested by the custodian: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal. L.2017, c.237, s.9.

N.J. Stat. § 3B:14-61.10 Disclosure of other digital assets of principal.

10. Disclosure of Other Digital Assets of Principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: a. a written request for disclosure in physical or electronic form; b. an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; c. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and d. if requested by the custodian: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal. L.2017, c.237, s.10.

N.J. Stat. § 3B:14-61.11 Disclosure of digital assets held in trust when trustee is original user.

11. Disclosure of Digital Assets Held in Trust When Trustee is Original User. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. L.2017, c.237, s.11.

N.J. Stat. § 3B:14-61.12 Disclosure of contents of electronic communications held in trust when trustee not original user.

12. Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: a. a written request for disclosure in physical or electronic form; b. a certified copy of the trust instrument or a certification of the trust under N.J.S.3B:31-81 that includes consent to disclosure of the content of electronic communications to the trustee; c. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and d. if requested by the custodian: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (2) evidence linking the account to the trust. L.2017, c.237, s.12.

N.J. Stat. § 3B:14-61.13 Disclosure of other digital assets held in trust when trustee not original user.

13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: a. a written request for disclosure in physical or electronic form; b. a certified copy of the trust instrument or a certification of the trust under N.J.S.3B:31-81; c. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and d. if requested by the custodian: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (2) evidence linking the account to the trust. L.2017, c.237, s.13.

N.J. Stat. § 3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person.

14. Disclosure of Digital Assets to Guardian of Incapacitated Person. a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an incapacitated person. b. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the incapacitated person and any digital assets, other than the content of electronic communications, in which the incapacitated person has a right or interest if the guardian gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a copy of the court order that gives the guardian authority over the digital assets of the incapacitated person; and (3) if requested by the custodian: (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the incapacitated person; or (b) evidence linking the account to the incapacitated person. c. A guardian with general authority to manage the assets of an incapacitated person may request a custodian of the digital assets of the incapacitated person to suspend or terminate an account of the incapacitated person for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the incapacitated person's property. L.2017, c.237, s.14.

N.J. Stat. § 3B:14-61.15 Fiduciary and designated recipient duty and authority.

15. Fiduciary and Designated Recipient Duty and Authority. a. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. b. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in section 4 of this act, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) may not be used to impersonate the user. c. A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. d. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2. e. A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2. f. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. g. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a copy of the death certificate of the user; (2) a copy of the letters testamentary or letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) if requested by the custodian: (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (b) evidence linking the account to the user; or (c) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (a) of this paragraph. L.2017, c.237, s.15.

N.J. Stat. § 3B:14-61.16 Custodian compliance and immunity.

16. Custodian Compliance and Immunity. a. Not later than 60 days after receipt of the information required under sections 7 through 15 of this act, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. b. An order under subsection a. of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. s.2702. c. A custodian may notify the user that a request for disclosure or to terminate an account was made under this act. d. A custodian may deny a request under this act from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. e. This act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this act to obtain a court order which: (1) specifies that an account belongs to the incapacitated person or principal; (2) specifies that there is sufficient consent from the incapacitated person or principal to support the requested disclosure; and (3) contains a finding required by law other than this act. f. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this act. L.2017, c.237, s.16.

N.J. Stat. § 3B:14-61.17 Uniformity of application and construction.

17. Uniformity of Application and Construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. L.2017, c.237, s.17.

N.J. Stat. § 3B:14-61.18 Relation to electronic signatures in global and national commerce act.

18. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. s.7001(c), or authorize electronic delivery of any of the notices described in s.103(b) of that act, 15 U.S.C. s.7003(b). L.2017, c.237, s.18.

N.J. Stat. § 3B:14-62 Abandonment of real property may be authorized

A fiduciary of or any person interested in an estate or a trust may apply to the court for a judgment or order directing the fiduciary to abandon any improved or unimproved real property that is an asset of the estate or trust and, which because of liens, encumbrances, the absence or lack of revenue, or for other reasons, does not have a value worth protecting, and that it is for the best interests of persons having an interest in the estate or trust that the real property be abandoned. L.1981, c. 405, s. 3B:14-62, eff. May 1, 1982.

N.J. Stat. § 3B:14-63 Directions of court when abandonment ordered

If the fiduciary is ordered to abandon real property: a. The court may direct the fiduciary to refrain from (1) Paying any arrearages of real property taxes and assessments and those thereafter assessed, (2) Paying water rents or charges, (3) Paying arrearages in mortgage principal and interest and those thereafter becoming due, (4) Making repairs to or maintaining any improvements upon the real property, (5) Keeping the real property or any improvements thereon insured against fire or other loss and liability or as the court may direct; b. The court may direct that the fiduciary may, if a buyer can be found, convey the real property for a nominal consideration or no consideration so as to avoid liability arising to the fiduciary or to the estate or trust. L.1981, c. 405, s. 3B:14-63, eff. May 1, 1982.

N.J. Stat. § 3B:14-64 Order approving abandonment of real property by fiduciary and authorizing conveyance of title

Where it appears that a fiduciary in good faith and in the exercise of a reasonable discretion has abandoned real property by refraining from paying real property taxes, assessments, water rents or charges, mortgage principal and interest, making repairs or improvements to the property, and that because of the liens, encumbrances, the absence or lack of revenues or other reasons the real property did not have a value worth protecting and that it was advisable for the best interests of those interested in the estate or trust to abandon the real property, or that as a result of an abandonment, the fiduciary has been divested of title to or right of possession of the real property by foreclosure of a mortgage or the enforcement of any other lien or encumbrance, the court may ratify and approve the abandonment of the real property upon terms and conditions as it may deem proper. If the fiduciary still has title to the real property, the court may authorize the fiduciary to convey all right, title and interest therein for a nominal consideration or no consideration in order to avoid liability which might arise by reason of continued ownership of the property. L.1981, c. 405, s. 3B:14-64, eff. May 1, 1982.

N.J. Stat. § 3B:14-65 Public liability after abandonment but before being divested of title

Whenever a fiduciary, trust or estate abandons any real property pursuant to this article, the fiduciary, trust or estate shall remain liable for injury or damage to persons or property arising out of the ownership of the real property notwithstanding the abandonment, until the fiduciary, trust or estate has divested itself or has been divested of title thereto. L.1981, c. 405, s. 3B:14-65, eff. May 1, 1982.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026