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Current as of January 01, 2024 | Updated by Findlaw Staff
A substituted administrator with or without the will annexed shall be entitled to demand and receive the whole of the personal estate of his decedent, except such portion thereof as shall have been properly and justly paid out and distributed. He may sue for and recover all such assets, or their equivalent whether legal or equitable, from any person, his heirs or personal representatives, chargeable therewith, and in like manner charge his predecessor in office for any breach of trust or maladministration and shall in any such litigation represent the creditors and all persons beneficially interested in the estate.
Such substituted administrator shall have generally all the rights and powers and be subject to the same duties and liabilities as the original executor or administrator, but no substituted administrator with the will annexed shall exercise any powers of sale as to real estate conferred by the will upon the executor as such or upon the executor as trustee except as authorized by section 3A:16-10 of this title.
Cite this article: FindLaw.com - New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 6-46 - last updated January 01, 2024 | https://codes.findlaw.com/nj/appendix-former-title-3a-administration-of-estates-decedents-and-others/nj-st-sect-3a-6-46/
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