New Jersey § 3a:25-12

§ 3a:25-12.

When a portion of the proceeds of real estate sold by judgment of the Superior Court

to satisfy debts of a decedent is invested for the benefit of the surviving spouse or domestic partner during his or her lifetime, the court directing the sale, shall, upon the death of

the life beneficiary, order the portion so invested to be distributed to the heirs

or devisees of the person whose real estate was so sold in accordance with the law

of descent or the will of the testator, as the case may be, unless the amount realized

from the sale of said real estate remaining after the investment of said portion for

the benefit of the surviving spouse was insufficient to pay the debts of the decedent

as proved and allowed in the proceedings in which said judgment to sell was made and,

in such case, the court shall direct the payment of the balance of such debts out

of said principal sum so invested, so far as it shall be adequate for that purpose,

in pro rata shares according to the amount of such debts so proved and allowed and

shall direct distribution of any balance of said principal sum, remaining after the

payment of said debts and interest, among the said heirs and devisees as aforesaid. However, that if any creditor, his personal representative or successor in interest,

neglects for six years after the death of such surviving spouse to claim any balance

upon his claim so proved and allowed as aforesaid, the share of said principal sum

which would have been paid to such creditor hereunder, shall be distributed, by order

of the court, among the said heirs and devisees as aforesaid.