New Jersey § 3a:2a-1

Full text of New Jersey New Jersey Statutes § 3a:2a-1, with citation guidance and answers to common questions.

§ 3a:2a-1.

As used in this act, unless restricted by the subject or context: a. “Administrator” includes general administrators of an intestate and unless restricted

by the subject or context, administrators with the will annexed, substituted administrators,

substituted administrators with the will annexed, temporary administrators and administrators

pendente lite. b. “Child” means any individual, including a natural or adopted child, entitled to

take by intestate succession from the parent whose relationship is involved and excludes

any person who is only a stepchild, a foster child, a grandchild or any more remote

descendant. c. “Claims” includes liabilities whether arising in contract, or in tort or otherwise,

and liabilities of the estate which arise at or after the death of the decedent, including

funeral expenses and expenses of administration, but does not include estate or inheritance

taxes, demands or disputes regarding title to specific assets alleged to be included

in the estate. d. “Cofiduciary” means each of two or more fiduciaries jointly serving in a fiduciary

capacity. e. “Devise,” when used as a noun, means a testamentary disposition of real or personal

property and when used as a verb, means to dispose of real or personal property by

will. f. “Devisee” means any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee on trust

described by will, trust or trustee is the devisee and the beneficiaries are not devisees. g. “Distributee” means any person who has received property of a decedent from his

personal representative other than as a creditor or purchaser. A trustee is a distributee only to the extent of a distributed asset or increment

thereto remaining in his hands. A beneficiary of a trust to whom the trustee has distributed property received from

a personal representative is a distributee of the personal representative. h. “Domiciliary foreign fiduciary” means any fiduciary who has received letters, or

has been appointed, or is authorized to act as a fiduciary, in the jurisdiction in

which the decedent was domiciled at the time of his death, in which the ward is domiciled

or in which is located the principal place of the administration of a trust. i. “Estate” means all of the property of the decedent, trust or other person whose

affairs are subject to this act as the property is originally constituted and as it

exists from time to time during administration. j. “Fiduciary” includes executors, general administrators of an intestate, administrators

with the will annexed, substituted administrators, substituted administrators with

the will annexed, guardians, substituted guardians, trustees, substituted trustees

and, unless restricted by the subject or context, temporary administrators, administrators

pendente lite, administrators ad prosequendum, administrators ad litem and other limited

fiduciaries. k. “Heirs” means those persons, including the surviving spouse, who are entitled under

the statutes of intestate succession to the property of a decedent. l. “Issue” of a person includes all of his lineal descendants, natural or adopted, of

all generations, with the relationship of parent and child at each generation being

determined by the definition of child and parent. m. “Local administration” means administration by a personal representative appointed

in this State. n. “Local fiduciary” means any fiduciary who has received letters in this State and

excludes foreign fiduciaries who acquire the power of local fiduciary pursuant to

this act. o. “Nonresident decedent” means a decedent who was domiciled in another jurisdiction

at the time of his death. p. “Parent” means any person entitled to take or would be entitled to take if the

child, natural or adopted, died without a will, by intestate succession from the child

whose relationship is in question and excludes any person who is a stepparent, foster

parent or grandparent. q. “Personal representative” includes executor, administrator, successor personal

representative, special administrator, and persons who perform substantially the same

function under the law governing their status. “General personal representative” excludes special administrator. r. “Resident creditor” means a person domiciled in, or doing business in this State,

who is, or could be, a claimant against an estate. s. “Security” includes any note, stock, treasury stock, bond, mortgage, financing

statement, debenture, evidence of indebtedness, certificate of interest or participation

in an oil, gas or mining title or lease or in payments out of production under such

a title or lease, collateral trust certificate, transferable share, voting trust certificate

or, in general, any interest or instrument commonly known as a security or as a security

interest or any certificate of interest or participation, any temporary or interim

certificate, receipt or certificate of deposit for, or any warrant or right to subscribe

to or purchase, any of the foregoing. t. “Successor personal representative” means a personal representative, other than

a special administrator, who is appointed to succeed a previously appointed personal

representative. u. “Successors” means those persons, other than creditors, who are entitled to real

and personal property of a decedent under his will or the laws governing intestate

succession. v. “Testamentary trustee” means a trustee designated by will or appointed to exercise

a trust created by will. w. “Will” means the last will and testament of the testator and includes any codicil.

Frequently Asked Questions About New Jersey § 3a:2a-1

What does New Jersey Statutes § 3a:2a-1 cover?

Section 3a:2a-1 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 § 3a:2a-1?

A common citation format is "New Jersey Statutes § 3a:2a-1" (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 § 3a:2a-1 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.