3A:25-44. Place of filing; delivery of copy to personal representative, fiduciary of decedent or donee of power or holder of legal title; real estate; recordation; book of "Disclaimers"
a. The disclaimer shall be filed in the office of the surrogate or Superior Court in which proceedings have been commenced or will be commenced for the administration of the estate of the decedent or deceased donee of the power. A copy of such disclaimer shall also be delivered in person or mailed by registered or certified mail to any personal representative, other fiduciary of the decedent or donee of the power or to the holder of the legal title to which the interest relates.
b. If real property or any interest therein is disclaimed, the surrogate or clerk of the superior court, as the case may be, shall forthwith forward a copy of the disclaimer for filing in the office of the clerk or register of deeds and mortgages of the county in which the real property is situated. Each county clerk or register of deeds and mortgages shall provide a book to be entitled "Disclaimers" , so arranged that he may record therein:
(1) The name of the disclaimant;
(2) The name of the decedent or the name of the donee of the power of appointment;
(3) The location of the property;
(4) The file number of the county clerk's office or the office of register of deeds and mortgages indorsed upon each disclaimer filed;
(5) The date of filing the disclaimer.
The county clerk or the register of deeds and mortgages shall maintain in said record an alphabetical index of the names of all disclaimants stated in any disclaimer file, and also keep in his office for public inspection, all disclaimers so filed therein.
L.1979, c. 484, s. 6 eff. Feb. 28, 1980.
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