Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
When a sole or sole surviving or remaining executor or administrator, with or without the will annexed, dies or is removed or discharged by a court of competent jurisdiction after qualifying and entering upon the duties of his office but before the completion thereof, the vacancy so created shall, except as hereinafter in this section provided, be filled by the appointment of a fit person to exercise the vacated office, such person to be denominated substituted administrator with the will annexed or substituted administrator, as the case may be.
The appointment shall be made by the issuance of letters of substitutionary administration, with or without the will annexed as the case may be, by the surrogate's court or county court of the proper county or the superior court in the manner and upon the conditions prescribed for granting letters of administration to the first administrators in other cases.
Appointment of a substituted administrator shall not be required if the unadministered assets of the first intestate or testator consist of money on deposit in a bank or trust company not exceeding $100, in which event it shall be lawful for the county court, in an action brought by any party in interest, to authorize such bank or trust company to distribute to the persons entitled by law to receive such assets, the amount thereof each is entitled to receive, and payments made pursuant to such authority shall release such bank or trust company from any claim of, or liability to, any person interested in such estate.
Cite this article: FindLaw.com - New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 6-45 - last updated January 01, 2024 | https://codes.findlaw.com/nj/appendix-former-title-3a-administration-of-estates-decedents-and-others/nj-st-sect-3a-6-45/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)