New Jersey § 3b:31-45
Full text of New Jersey New Jersey Statutes § 3b:31-45, with citation guidance and answers to common questions.
§ 3b:31-45.
Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust
Property. a. A person may commence a judicial proceeding to contest the validity of a trust
that was revocable at the settlor's death within the earlier of: (1) Three years after the settlor's death; or (2) Four months, in the case of a resident, or six months, in the case of a nonresident,
after the trustee sent the person a copy of the trust instrument and a notice informing
the person of the trust's existence, of the trustee's name and address, and of the
time allowed for commencing a proceeding. b. Upon the death of the settlor of a trust that was revocable at the settlor's death,
the trustee may proceed to distribute the trust property in accordance with the terms
of the trust. The trustee is not subject to liability for doing so unless: (1) the trustee knows of a pending judicial proceeding contesting the validity of
the trust; or (2) a potential contestant has notified the trustee in writing of a possible judicial
proceeding to contest the validity of the trust and the trustee has received written
notice of a judicial proceeding commenced within 90 days after the contestant sent
the notification. c. A beneficiary of a trust that is determined to have been invalid is liable to return
any distribution received.
Frequently Asked Questions About New Jersey § 3b:31-45
What does New Jersey Statutes § 3b:31-45 cover?
Section 3b:31-45 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:31-45?
A common citation format is "New Jersey Statutes § 3b:31-45" (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:31-45 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.