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  • NJ A1955
  • Provides for voluntary discharge of personal representitives overseeing administration of estates by application to the Surrogate's Court.**
Introduced
(1/27/2016)
In Committee
(3/13/2017)
Crossed Over
(6/19/2017)
Passed
(6/22/2017)
Signed
(8/7/2017)
Dead/Failed/Vetoed
2016-2017 Regular Session
This bill would update the process by which a fiduciary may be discharged from office. The bill would amend the current law to specify that a fiduciary may be discharged upon filing a complaint or application with the court by which the fiduciary was appointed, and the court's finding that sufficient cause, without being prejudicial to the estate or persons interested therein, exists. In addition, the bill would amend the current law governing the discharge of fiduciaries acting under a governing instrument, including a fiduciary appointed under a will to perform a particular trust. Such a fiduciary could request discharge without filing a complaint or application to the court. The bill would instead require that the fiduciary file with the court by which the fiduciary was appointed the following: (1) a written statement of intent to resign; (2) a copy of the governing instrument which expressly authorizes resignation of the fiduciary; (3) proof of compliance with the terms, if any, set forth in the governing instrument; and (4) proof that the resigning fiduciary has served written notice of intent to resign on all co-fiduciaries and all parties to the estate or trust at least 20 days prior to the filing with the court. A court in receipt of a fiduciary's proper filing seeking discharge would be required to discharge the fiduciary if: no opposition has been filed; the discharge would not be prejudicial to the estate or persons interested therein; and either the estate or trust administration is concluded, there is a co-fiduciary with authority to continue with the administration, or there is a successor fiduciary appointed simultaneous with the discharge who is acceptable to the court.
Judiciary, 2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Passed Assembly, Passed both Houses, Passed Senate
Approved P.L.2017, c.208.  (on 8/7/2017)
 
 
Date Chamber Action Description
8/7/2017 A Approved P.L.2017, c.208.
6/22/2017 A Passed Assembly (Passed Both Houses) (75-0-0)
6/22/2017 A Received in the Assembly, 2nd Reading on Concurrence
6/19/2017 S Passed by the Senate (39-0)
5/25/2017 S Senate Amendment (36-0) (Bucco)
5/25/2017 S Substituted for S1795 (SCS)
3/13/2017 S Reported from Senate Committee with Amendments, 2nd Reading
3/13/2017 Senate Judiciary Hearing (19:00 3/13/2017 Please note: time change to 11:00 a.m. Nominees added. Charles K)
3/13/2017 Senate Judiciary Hearing (19:00 3/13/2017 The committee should also be prepared to consider revisions to t)
11/3/2016 S Received in the Senate, Referred to Senate Judiciary Committee
10/20/2016 A Passed by the Assembly (73-0-0)
6/6/2016 A Reported out of Assembly Committee, 2nd Reading
6/6/2016 Assembly Judiciary Hearing (10:00 6/6/2016 Committee Room 12, 4th Floor)
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
Detail 6/22/2017 Assembly Floor: Concur in Senate Amendments 75 0 5
Detail 6/19/2017 Senate Floor: Third Reading - Final Passage 39 0 1
Detail 5/25/2017 Senate Floor: Substitute For S1795 (Voice Vote) 0 0 0
Detail 5/25/2017 Senate Floor: Amend 36 0 4
Detail 5/25/2017 Senate Floor: Second Reading (Voice Vote) 0 0 0
Detail 3/13/2017 Senate Judiciary Committee: Reported with Amendments 13 0 0
Detail 10/20/2016 Assembly Floor: Third Reading - Final Passage 73 0 7
Detail 6/6/2016 Assembly Judiciary Committee: Reported Favorably 7 0 0