P.L. 1997, CHAPTER 20, approved February 24, 1997

Assembly, No. 1673


An Act concerning probate of wills of certain decedents and amending N.J.S.3B:3-28.


    Be It Enacted by the Senate and General Assembly of the State of New Jersey:


    1. N.J.S.3B:3-28 is amended to read as follows:

    3B:3-28. Probate of will of nonresident decedent where property situated in New Jersey. Where the will of any person not resident in this State at his death has not been admitted to probate in the state, jurisdiction or country in which he then resided and no proceeding is there pending for the probate of the will, and he died owning real estate situate in any county of this State or personal property, or evidence of the ownership thereof, situate therein at the time of probate, the Superior Court or the surrogate's court may admit the will to probate and grant letters thereon.

(cf: P.L.1981, c. 405, s.3B:3-28)


    2. This act shall take effect immediately .





    This bill amends N.J.S.3B:3-28 to include the surrogate's court as having the authority to admit the will to probate of a person who is not resident in New Jersey at his death but who owns real or personal property in this State if there is no proceeding pending where he did live at his death. Currently this statute only gives the Superior Court this authority.



Gives surrogate's court authority to probate wills of certain decedents not resident in this State.