New Jersey § 3a:25-31

§ 3a:25-31.

Whenever a fiduciary has paid or may be required to pay an estate tax under any law

of the state of New Jersey or of the United States upon or with respect to any property

required to be included in the gross tax estate of a decedent under the provisions

of any such law, hereinafter called “the tax”, the amount of the tax, except in a

case where a testator otherwise directs in his will, and except to the extent where

by any instrument other than a will, hereinafter called a “nontestamentary instrument”,

a direction is given for apportionment within the fund of taxes assessed upon the

specific fund dealt with in such nontestamentary instrument, shall be apportioned

among the fiduciary and each of the transferees interested in the gross tax estate

whether residents or nonresidents of the state, in accordance with the rules of apportionment

herein stated, and the transferees shall each contribute to the tax the amounts apportioned

against them. Nothing in this article shall be taken to require an apportionment of an estate

tax inter sese among the legatees, devisees and beneficiaries under a will or among

those who take as the next of kin and heirs at law of a person dying intestate, or

against the interest of any surviving spouse in any real property which was held by

the spouse and the decedent as tenants by the entirety.