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New Jersey Statutes, Title: 3B, ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

    Chapter 23: Distribution of assets in kind

      Section: 3B:23-12: Abatement generally.

          
3B:23-12. Except as provided in N.J.S.3B:23-14 and except as provided in connection with the share of a surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

a. Property passing by intestacy;

b. Residuary devises;

c. General devises;

d. Specific devises; and

e. Abatement within each classification is in proportion to the amount of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

Amended 2004, c.132, s.86.



This section added to the Rutgers Database: 2013-06-10 16:36:30.






Older versions of 3b:23-12 (if available):



Court decisions that cite this statute: CLICK HERE.