Bill > A1529

Introduced Session

P.L.2017, c.208, codified as N.J.S.A. 3B:10-30.1, authorizes a voluntary discharge process for personal representatives overseeing the administration of estates. As defined by N.J.S.A. 3B:1-2, the term "personal representatives" includes executors, administrators, special administrators, and other persons who perform substantially the same function. Under the enactment, a personal representative appointed by the Surrogate's Court who is unwilling or unable to perform the duties and powers of a personal representative may file for voluntary discharge with the Surrogate's Court of the county that appointed him. The enactment also provides that any application for voluntary discharge must be consented to by all parties in interest to the estate. This bill relaxes the requirement, in certain instances, for consent of the parties in interest. The bill provides that such consent would be required only if the governing document does not indicate a successor personal representative. If, however, the governing document does indicate a successor, the application for voluntary discharge would need to be accompanied only by notice to the parties in interest. In addition, P.L.2017, c.208 provides that a personal representative who is voluntarily discharged would not be entitled to any statutory commissions relating to the duties and powers of the office. This bill provides that the personal representative would be entitled to any statutory commissions relating to the performance of the duties and powers of that office as are commensurate with any such duties and powers actually performed prior to discharge.

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Bill Spearman (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/14/2020)