3A:25-12 Distribution; when and how made.
3A:25-12. When a portion of the proceeds of real estate sold by judgment of the Superior Court to satisfy debts of a decedent is invested for the benefit of the surviving spouse or domestic partner during his or her lifetime, the court directing the sale, shall, upon the death of the life beneficiary, order the portion so invested to be distributed to the heirs or devisees of the person whose real estate was so sold in accordance with the law of descent or the will of the testator, as the case may be, unless the amount realized from the sale of said real estate remaining after the investment of said portion for the benefit of the surviving spouse was insufficient to pay the debts of the decedent as proved and allowed in the proceedings in which said judgment to sell was made and, in such case, the court shall direct the payment of the balance of such debts out of said principal sum so invested, so far as it shall be adequate for that purpose, in pro rata shares according to the amount of such debts so proved and allowed and shall direct distribution of any balance of said principal sum, remaining after the payment of said debts and interest, among the said heirs and devisees as aforesaid. However, that if any creditor, his personal representative or successor in interest, neglects for six years after the death of such surviving spouse to claim any balance upon his claim so proved and allowed as aforesaid, the share of said principal sum which would have been paid to such creditor hereunder, shall be distributed, by order of the court, among the said heirs and devisees as aforesaid.
L.1951, c.345; saved from repeal N.J.S. 3B:28-6; amended 1991, c.91, s.148; 2005, c.331, s.27.
Structure New Jersey Revised Statutes
Title 3A - Administration of Estates--Decedents and Others
Section 3A:2A-41 - Meaning of child and related terms
Section 3A:16-16 - Sale free from dower or curtesy; order of court; deed to purchaser
Section 3A:16-17 - Compensation to dower or curtesy holder by lump sum or investment
Section 3A:25-12 - Distribution; when and how made.
Section 3A:25-39 - Definitions.
Section 3A:25-41 - Instrument; formalities; contents
Section 3A:25-43 - Time of filing of instrument
Section 3A:25-45 - Devolution of disclaimed property or interest; relation back to date of death
Section 3A:25-46 - Bar of right to disclaim.
Section 3A:25-47 - Binding effect
Section 3A:25-48 - Existence of right notwithstanding limitation
Section 3A:25-49 - Continuance of rights under other statutes
Section 3A:25-50 - Interests in property existing on effective date of act
Section 3A:35-3 - Trust estates not subject to dower or curtesy
Section 3A:36-1 - Action to recover dower or curtesy; damages
Section 3A:36-2 - Admeasurement.
Section 3A:36-3 - Where admeasurement cannot be had without prejudice; sale as in partition
Section 3A:36-4 - Admeasurement when real estate is sold subject to dower or curtesy by judgment
Section 3A:36-5 - Effect of admeasurement
Section 3A:37-1 - Bar by devise; election of widow or widower
Section 3A:37-2 - Bar by adultery
Section 3A:37-4 - Bar by jointure; dower