New Jersey § 3b:9-6
Full text of New Jersey New Jersey Statutes § 3b:9-6, with citation guidance and answers to common questions.
§ 3b:9-6.
a. The disclaimer of an interest by an intestate heir, or a person who is a devisee or beneficiary under
a will or a testamentary trust or who is an appointee under a power of appointment
exercised by a will or testamentary trust, including a person succeeding to a disclaimed
interest, shall be filed in the office of the surrogate or clerk of the Superior Court in which proceedings have been commenced or will be commenced for
the administration of the estate of the decedent or deceased donee of the power of appointment . A copy of the disclaimer shall also be delivered to any personal representative, or other fiduciary of the decedent or to the donee of the power or to the holder of the legal title to which the interest relates. The fiduciary shall promptly notify the person or persons who take the disclaimed
interest, although any such failure to provide the notice required herein shall not
affect the validity of the disclaimer. b. The disclaimer of an interest in property, other than property passing under or
pursuant to a will or testamentary trust shall be delivered to the fiduciary, payor
or other person having legal title to or possession of the property or interest disclaimed
or who is entitled thereto in the event of disclaimer. Any fiduciary, payor or other person having title to or possession of the property
or interest who receives such disclaimer shall promptly notify the person or persons
who take the disclaimed interest, although any such failure to provide the notice
required herein shall not affect the validity of the disclaimer. c. In the case of a disclaimer by a fiduciary of a power or discretion: (1) If such disclaimer is made after court authorization, the fiduciary shall deliver
a copy to such person or persons and in such manner as shall be directed by the court;
or (2) If such disclaimer is made without court authorization pursuant to N.J.S.3B:9-4(a) , the fiduciary shall deliver a copy to all co-fiduciaries, but if there are none,
then to all persons whose property interests are affected by the disclaimer. d. In the case of a will or testamentary trust or power of appointment under a will
or testamentary trust, if real property or any interest therein is disclaimed, the
surrogate or clerk of the Superior Court, as the case may be, shall forthwith forward
a copy of the disclaimer for filing in the office of the clerk or register of deeds
and mortgages of the county in which the real property is situated. In the case of a nontestamentary instrument or contract, if real property or any
interest therein is disclaimed, the original thereof shall be filed in the office
of the clerk or register of deeds and mortgages of the county in which the real property
is situated. e. For the purposes of this section, delivery may be effected: (1) in person; (2)
by registered or certified mail; or (3) by another means which is reasonably likely
to accomplish delivery.
Frequently Asked Questions About New Jersey § 3b:9-6
What does New Jersey Statutes § 3b:9-6 cover?
Section 3b:9-6 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:9-6?
A common citation format is "New Jersey Statutes § 3b:9-6" (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:9-6 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.