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 - Dead) 2018-02-01 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1452 Detail]
Download: New_Jersey-2018-S1452-Introduced.html
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 N.J.S.3B:23-18 is repealed.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.
