New Jersey Statutes
§ 3B:23-12 — Abatement generally.
New Jersey § 3B:23-12
JurisdictionNew Jersey
Title 3BADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
This text of New Jersey § 3B:23-12 (Abatement generally.) 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:23-12 (2026).
Text
3B:23-12. Except as provided in N.J.S.3B:23-14 and except as provided in connection with the share of a surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: a. Property passing by intestacy; b. Residuary devises; c. General devises; d. Specific devises; and e. Abatement within each classification is in proportion to the amount of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will. Amended 2004, c.132, s.86.
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Nearby Sections
15
§ 3B:23-1
Distribution of assets in kind§ 3B:23-10
Distribution to guardian§ 3B:23-11
Interest on general pecuniary devise§ 3B:23-12
Abatement generally.§ 3B:23-14
Where will expresses order of abatement§ 3B:23-16
Distribution by order of court§ 3B:23-17
Judgment for distribution§ 3B:23-2
Valuation of assets§ 3B:23-21
Unclaimed estate assets.§ 3B:23-24
Refunding bond of devisee or distributeeCite This Page — Counsel Stack
Bluebook (online)
New Jersey § 3B:23-12, Counsel Stack Legal Research, https://law.counselstack.com/statute/nj/3B/3B%3A23-12.