New Jersey § 3B:8-1 Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditions.

New Jersey Statutes

§ 3B:8-1 — Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditions.

New Jersey § 3B:8-1

Title 3BADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

This text of New Jersey § 3B:8-1 (Elective share of surviving spouse, partner in a civil union, domestic partner of person dying domiciled in this State; conditions.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 3B:8-1 (2026).

Text

3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.

a.If a married person, partner in a civil union, or person in a domestic partnership dies domiciled in this State, the surviving spouse, partner in a civil union, or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, unless either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.

b.For purposes of this section "surviving spouse, partner in a civil u

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3B:8-1. Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions. a. If a married person, partner in a civil union, or person in a domestic partnership dies domiciled in this State, the surviving spouse, partner in a civil union, or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, unless either the decedent or the surviving spouse, partner in a civil union, or domestic partner had filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court for divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board. b. For purposes of this section "surviving spouse, partner in a civil union, or domestic partnership" shall not include those individuals described pursuant to subsection d. of N.J.S.3B:5-3. Amended 2005, c.331, s.7; 2023, c.238, s.4.