Bill Text: NJ S1452 | 2018-2019 | Regular Session | Introduced


Bill Title: Repeals N.J.S.3B:23-18, concerning intestate property distribution under certain circumstances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-02-01 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1452 Detail]

Download: New_Jersey-2018-S1452-Introduced.html

SENATE, No. 1452

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 1, 2018

 


 

Sponsored by:

Senator  MICHAEL J. DOHERTY

District 23 (Hunterdon, Somerset and Warren)

 

 

 

 

SYNOPSIS

     Repeals N.J.S.3B:23-18, concerning intestate property distribution under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning wills and estates and repealing N.J.S.3B:23-18.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.3B:23-18 is repealed.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would repeal N.J.S.3B:23-18 which was obviated upon the enactment of P.L.2004, c.132 (Title 3B revision) and upon the 2006 repeal of R.4:80-8 of the Rules Governing the Courts of the State of New Jersey.

     P.L.2004, c.132 amended N.J.S.3B:22-4 to eliminate the requirement for public notice to creditors (commonly referred to as a rule to bar creditors).  This enactment also increased the time creditors may present their claims from 6 months to 9 months from the date of the decedent's death.  As a result, the provision in N.J.S.3B:23-18 which delayed the distribution of property of an intestate "until 1 year after the granting of administration" unless an order to limit creditors is entered (in which case it is reduced to 6 months) conflicts with the existing 9 month requirement and is thereby obviated.

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