New Jersey § 3b:10-30

§ 3b:10-30.

a. (1) Following appointment by the Surrogate's Court, whenever a personal representative

for an estate is unwilling or unable to perform the duties and powers of a personal

representative, that personal representative may seek to be voluntarily discharged

from the further performance of the duties and powers of the office by filing for

voluntary discharge with the Surrogate's Court of the county which granted the personal

representative's letters. Any application for voluntary discharge shall be consented to by all parties in

interest to the estate that is under the administration of the personal representative

seeking to be discharged. (2) Nothing in this section concerning the voluntary discharge of a personal representative

through an application filed with the Surrogate's Court shall prohibit a personal

representative from instead filing a discharge action with the Superior Court pursuant

to N.J.S.3B:14-18 et seq. b. The voluntary discharge filing shall include the following: (1) A request for discharge, made in accordance with Rules of Court adopted by the

Supreme Court, which contains the following information: (a) the name of the personal representative seeking to be discharged, and the representative's

address where future pleadings involving the estate can be served; (b) the name and address of every party in interest to the estate, and a description

of that party's interest; (c) an affirmation by the personal representative that every party in interest to

the estate listed in the form pursuant to subparagraph (b) of this paragraph has consented

to the voluntary discharge of the personal representative, accompanied by the written,

notarized consent of every party in interest, or that of any party in interest under

disability whose consent is provided by the party's guardian or other legal representative; (d) an affirmation by the personal representative, if applicable, that every party

in interest to the estate listed in the form pursuant to subparagraph (b) of this

paragraph has consented to waiving the additional requirement, set forth in subsection

c. of this section, that the personal representative file a verified final account

with the Chancery Division, Probate Part for adjudication, showing the true condition

of the estate, in order to release any sureties on the personal representative's bond,

accompanied by the written, notarized consent of every party in interest, or that

of any party in interest under disability whose consent is provided by the party's

guardian or other legal representative. This consent and the consent presented pursuant to subparagraph (c) of this paragraph,

whereby every party in interest has agreed to the voluntary discharge of the personal

representative, may be included in the same notarized document; and (e) a statement that the personal representative's voluntary discharge is not intended

to impair the rights of any party in interest or creditor of the estate; and (2) Along with the request for discharge and any accompanying documents, an application

completed by another person to be appointed a successor or substitute personal representative

for the estate. c. (1) The personal representative filing for voluntary discharge with the Surrogate's

Court shall also file a verified final account showing the true condition of the estate

with a verified complaint in the Chancery Division, Probate Part for adjudication,

unless every party in interest to the estate listed in the Personal Representative

Voluntary Discharge Form pursuant to subparagraph (b) of paragraph (1) of subsection

b. of this section has consented in a written, notarized document to waiving this

additional requirement and this consent accompanies the discharge form in lieu of

any filing for a final account of the estate with the Chancery Division, Probate Part. (2) Any sureties on the bond of a personal representative who files for voluntary

discharge with the Surrogate's Court shall not be released until a final judgment

has been rendered on the verified final account of the estate, unless the additional

requirement for the final account was waived by the consent of every party in interest. (3) Notwithstanding any consent by every party in interest to waive the requirement

of a verified final account of an estate, a creditor of that estate whose interest

has not been satisfied may petition the Superior Court for an accounting of the estate. d. (1) A personal representative shall be discharged from the further performance

of the duties and powers of the office, and the personal representative's letters

revoked, upon the approval of the personal representative's voluntary discharge filing

by the Surrogate's Court; except the personal representative shall account for and

pay over the money and assets with which the personal representative is chargeable

by virtue of the office to the successor or substitute personal representative. (2) A personal representative who is voluntarily discharged from the office pursuant

to an approved voluntary discharge filing shall not be entitled to any statutory commissions

relating to the performance of the duties and powers of that office.