Rutgers Law

Title: 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

Chapter: 3 - Individuals competent to make a will and appoint a testamentary guardian.

3b:3-1: Individuals competent to make a will and appoint a testamentary guardian.

3b:3-2: Execution; witnessed wills; writings intended as wills.

3b:3-2.1: Creation, maintenance of will registry; fees.

3b:3-2.2: Regulations.

3b:3-3: Writings intended as wills.

3b:3-4: Making will self-proved at time of execution.

3b:3-5: Making will self-proved subsequent to time of execution.

3b:3-6: Validating acknowledgment

3b:3-7: Who may witness a will.

3b:3-8: Will not invalidated if signed by interested witness

3b:3-9: Laws determining valid execution of will

3b:3-10: Incorporation by reference

3b:3-11: Identifying devise of tangible personal property by separate writing.

3b:3-12: Acts and events of independent significance.

3b:3-13: Revocation by writing or by act.

3b:3-14: Revocation of probate and non-probate transfers by divorce or annulment; revival by remarriage to former spouse.

3b:3-15: Revival of revoked will.

3b:3-16: Methods of altering will

3b:3-17: Probate of will and grant of letters.

3b:3-18: Necessity to probate will to transfer property or nominate executor

3b:3-19: Proof required to probate will.

3b:3-20: Probate of a will of testator who died in military service or within 2 years of discharge.

3b:3-21: Probate of will where witnesses are in service in time of war

3b:3-22: Time for probate of will; preliminary filing

3b:3-23: Proof of execution required in contested probate action

3b:3-24: Where a will of a resident is to be probated; effect of failure to probate.

3b:3-25: Filing probate record with surrogate of any county

3b:3-26: Probate of will of nonresident probated in another state or country.

3b:3-27: Recording of will of nonresident probated in another state or country

3b:3-28: Probate of will of nonresident decedent where property situated in New Jersey.

3b:3-28.1: Probate of will of nonresident where laws of decedent's domicile are discriminatory.

3b:3-29: Order to compel production of purported will

3b:3-30: Allowances by Superior Court to spouse or children pending contest over probate of will

3b:3-31: Judgment for probate; conclusive effect on title to real property after 7 years.

3b:3-32: Requirement of survival by 120 hours; exceptions; survivorship with respect to future interests.

3b:3-33: Choice of law as to meaning and effect of wills; testator's intention; rules of construction.

3b:3-33.1: Testator's intention; settlor's intention; rules of construction applicable to wills, trusts and other governing instruments.

3b:3-34: Will construed to pass all property of testator including after-acquired property.

3b:3-35: Anti-lapse; deceased devisee; class gifts.

3b:3-36: Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator.

3b:3-37: Residuary devise to two or more residuary devisees; death of one or more before testator

3b:3-38: Construction of words "die without issue" or "die without descendants".

3b:3-39: Construction when "heirs and assigns" omitted from devise; fee passed

3b:3-40: Words importing estate in fee not to prevent further devise

3b:3-41: Issue and descendants to take by representation.

3b:3-42: Increase in securities, accessions.

3b:3-43: Nonademption of specific devise; sale by or payment of condemnation award or insurance proceeds to guardian of testator or agent.

3b:3-44: Specific devise; right of devisee after sale, condemnation, casualty loss or foreclosure.

3b:3-45: Exercise of power of appointment

3b:3-46: Ademption by satisfaction.

3b:3-47: Penalty clause for contesting will

3b:3-48: Construction of generic terms included in class gift terminology.

3b:3-49: Effect of final order of court of another state admitting will to probate or determining validity or construction