New Jersey § 3b:12-61
Full text of New Jersey New Jersey Statutes § 3b:12-61, with citation guidance and answers to common questions.
§ 3b:12-61.
If within 40 days after the death of an incapacitated person , no other person has been appointed personal representative and no action for an
appointment is pending in the Superior Court or Surrogate's court of the county where the incapacitated person resided at his death, the guardian may apply to the Superior Court for authority
to exercise the powers and duties of a personal representative so that he may proceed
to administer and distribute the decedent's estate without additional or further appointment. Upon application for an order granting the powers of a personal representative to
a guardian, after notice to all persons interested in the incapacitated person's estate either as heirs or devisees and including any person nominated executor in
any will of which the applicant is aware, the court may order the conferral of those
powers, upon determining that there is no objection, and may enter judgment that the
guardian has all of the powers and duties of a personal representative. The making and entry of a judgment under this section shall have the effect of an
order of appointment of a personal representative, except that the estate in the name
of the guardian, after administration, may be distributed to persons entitled to the
decedent's estate under his will or the laws of intestacy without prior retransfer
to the guardian as personal representative.
Frequently Asked Questions About New Jersey § 3b:12-61
What does New Jersey Statutes § 3b:12-61 cover?
Section 3b:12-61 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 3b:12-61?
A common citation format is "New Jersey Statutes § 3b:12-61" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:12-61 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.