New Jersey § 3a:6-16

§ 3a:6-16.

If a ward dies, the guardian shall deliver to the appropriate court for safekeeping

any will of the deceased person which may have come into his possession, inform the

executor or a beneficiary named therein that he has done so, and retain the estate

for delivery to a duly appointed personal representative of the decedent or other

persons entitled thereto. If after 40 days from the death of the ward no other person has been appointed personal

representative and no action for an appointment is pending in the Superior Court or

surrogate's or County Court of the county where the ward resided at his death, the

guardian may institute such an action or may institute an action applying to the Superior

Court or such County 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 ward'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 such 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.