§ §560:3-101 to 560:3-1215 REPEALED. L 1996, c 288, pt of §6. ARTICLE III PROBATE OF WILLS AND ADMINISTRATION Cross References Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. GENERAL PROVISIONS §560:3-101 Devolution of estate at death; restrictions. The power of a person to leave property by will, and the […]
§560:3-102 Necessity of order of probate for will. Except as provided in section 560:3-1201, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court. [L […]
§560:3-103 Necessity of appointment for administration. Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the […]
§560:3-104 Claims against decedent; necessity of administration. No proceeding to enforce a claim against the estate of a decedent or the decedent’s successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by […]
§560:3-105 Proceedings affecting devolution and administration; jurisdiction of subject matter. Persons interested in decedents’ estates may apply to the registrar for determination in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within the court’s jurisdiction including but not limited to those described in this article. The […]
§560:3-106 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons. In proceedings within the exclusive jurisdiction of the court where notice is required by this chapter or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration, […]
§560:3-107 Scope of proceedings; proceedings independent; exception. Unless supervised administration as described in article III, part 5, is involved: (1) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate; (2) Petitions for formal orders of the court may combine various requests for relief in a single proceeding […]
§560:3-108 Probate, testacy and appointment proceedings; ultimate time limit. (a) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more […]
§560:3-109 Statutes of limitation on decedent’s cause of action. No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of the decedent’s death, shall apply to bar a cause of action surviving the decedent’s death sooner than four months after death. A […]
