A3708

An Act concerning motor vehicle registration and assets of certain estates and amending various parts of the statutory law.

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

1. N.J.S.3B:10-3 is amended to read as follows:

3B:10-3. When spouse, partner in a civil union, or domestic partner entitled to assets without administration.

Where the total value of the real and personal assets of the estate of an intestate will not exceed [$20,000.00] $50,000, the surviving spouse, partner in a civil union, or domestic partner upon the execution of an affidavit before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the assets are located, or before the Superior Court, shall be entitled absolutely to all the real and personal assets without administration, and the assets of the estate up to [$5,000.00] $10,000 shall be free from all debts of the intestate. Upon the execution and filing of the affidavit as provided in this section, the surviving spouse, partner in a civil union, or domestic partner shall have all of the rights, powers and duties of an administrator duly appointed for the estate. The surviving spouse, partner in a civil union, or domestic partner may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall state that the affiant is the surviving spouse, partner in a civil union, or domestic partner of the intestate and that the value of the intestate's real and personal assets will not exceed [$20,000.00] $50,000, and shall set forth the residence of the intestate at his death, and specifically the nature, location and value of the intestate's real and personal assets. The affidavit shall be filed and recorded in the office of such Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by R.S.46:14-7 and R.S.46:14-8 to take acknowledgments or proofs.

Notwithstanding the provisions of this section, the transfer of a motor vehicle registration upon the death of the registered owner shall be governed by the provisions of R.S.39:3-30. The provisions of section 1 of P.L.1964, c.41 (C.39:3-30.1) shall govern the transfer when the registration is in the name of two individuals who are husband and wife, partners in a civil union, or domestic partners.

(cf: P.L.2005, c.331, s.24)

2. N.J.S.3B:10-4 is amended to read as follows:

3B:10-4. When heirs entitled to assets without administration.

Where the total value of the real and personal assets of the estate of an intestate will not exceed [$10,000.00] $20,000 and the intestate leaves no surviving spouse, partner in a civil union, or domestic partner, and one of his heirs shall have obtained the consent in writing of the remaining heirs, if any, and shall have executed before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the intestate's assets are located, or before the Superior Court, the affidavit herein provided for, shall be entitled to receive the assets of the intestate of the benefit of all the heirs and creditors without administration or entering into a bond. Upon executing the affidavit, and upon filing it and the consent, he shall have all the rights, powers and duties of an administrator duly appointed for the estate and may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court.

The affidavit shall set forth the residence of the intestate at his death, the names, residences and relationships of all of the heirs and specifically the nature, location and value of the real and personal assets and also a statement that the value of the intestate's real and personal assets will not exceed [$10,000.00] $20,000.

The consent and the affidavit shall be filed and recorded, in the office of the Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by R.S.46:14-7 and R.S.46:14-8 to take acknowledgments or proofs.

(cf: P.L.2005, c.331, s.25)

3. R.S.39:3-30 is amended to read as follows:

39:3-30. Upon the transfer of ownership or the destruction of any motor vehicle or vehicle its registration shall become void. If the motor vehicle or vehicle is sold the original owner shall remove the license plates therefrom, and surrender them to the division in a manner specified by the director if such plates are not transferred to another vehicle pursuant to this section.

The original owner may, by proper sworn application on a form to be furnished by the division, register another motor vehicle for the unexpired portion of the registration period of the original vehicle. A person applying to use the unexpired portion of a registration under this section shall pay a fee of $4.50 if the vehicle is of a weight or other classification equal with or less than the one originally registered, and shall pay a fee of $4.50 and the difference between the fee originally paid and that due if the new motor vehicle is properly registerable in a higher class. Unless the original license plates have been destroyed, the owner shall be assigned the license number previously issued to him and shall receive a new registration certificate. If the original license plates have been destroyed, replacement of the plates will be made under the provisions of R.S.39:3-32.

The surviving husband, wife, partner in a civil union, domestic partner, child or children of a deceased registered owner of any motor vehicle in whom title thereto shall vest by virtue of the terms of the will of such deceased owner, by intestate succession, or otherwise, shall, upon application to the director, and upon the payment of a fee of $4.50, be entitled to have the registration of such vehicle transferred to his or her name upon proof of such death and surrender of the certificate of ownership signed by said survivor and without the necessity of a Short Certificate, Surrogate's Affidavit or other evidence of administration.

The registered owner of any motor vehicle shall, upon application to the director, and payment of a fee of $4.50, be entitled to have the vehicle registered jointly in the name of the registered owner and the spouse of said owner. The registration certificate and certificate of ownership shall be amended accordingly without the payment of any additional fee.

(cf: P.L.1995, c.112, s.34)

4. Section 1 of P.L.1964, c. 41 (C.39:3-30.1) is amended to read as follows:

1. In the event that a motor vehicle is registered in the names of [2] two individuals who are husband and wife, partners in a civil union couple or domestic partners, title shall be presumed to vest in both persons with right of survivorship. In the event of the death of either, a new certificate of ownership and registration certificate may be granted to the survivor upon proof of such death and surrender of the certificate of ownership signed by said survivor and without the necessity of a Short Certificate, Surrogate's Affidavit or other evidence of administration.

(cf: P.L.1965, c.183, s.1)

5. This act shall take effect immediately and shall apply to the estate of any decedent dying on or after the effective date of this act.

STATEMENT

This bill simplifies the process of transferring motor vehicle registration to family members when the owner dies. The bill also increases the monetary amounts for the transfer of assets of small estates without administration.

Under the provisions of the bill, a surviving spouse, partner in a civil union, domestic partner, or child would be entitled to transfer a motor vehicle registration to his name upon proof of the owner’s death and surrender of the certificate of ownership signed by said survivor, without the necessity of a Short Certificate, Surrogate's Affidavit or other evidence of administration of the estate.

The bill amends N.J.S.3B:10-3 and N.J.S.3B:10-4, concerning the administration of estates, and R.S.39:3-30 and section 1 of P.L.1964, c.41 (C.39:3-30.1), concerning the transfer of motor vehicle ownership.

Currently, N.J.S.3B:10-3 provides that if the assets of an intestate person’s estate do not exceed $20,000, the surviving spouse or domestic partner is entitled to these assets (including motor vehicles) without administration, upon the execution and filing of an affidavit before the Surrogate or the Superior Court. This bill exempts the transfer of a motor vehicle registration from the affidavit requirement of N.J.S.3B:10-3 and provides that the transfer of a motor vehicle would instead be governed by the provisions of R.S.39:3-30. The bill also adds civil union partners to the statute.

In addition, the bill increases the monetary amount from $20,000 to $50,000 for the transfer of assets without administration pursuant to N.J.S.3B:10-3. Thus, under the bill, the spouse, civil union partner, or domestic partner would be entitled to the assets of an intestate estate which do not exceed $50,000 without administration, upon the execution and filing of an affidavit. Currently, N.J.S.3B:10-3 provides that the assets of an estate encompassed by the statute in an amount of up to $5,000 are free from all debts of the deceased. This bill increases this amount from $5,000 to $10,000.

Currently, N.J.S.3B:10-4 provides that if the assets of an intestate person’s estate do not exceed $10,000, if the deceased did not leave a surviving spouse or domestic partner, and if one of the heirs obtains the consent of any remaining heirs, the heir may execute an affidavit before the Surrogate or the Superior Court and / be entitled to receive the assets of the estate, without administration or entering a bond, on behalf of all the heirs and creditors. The affidavit process grants the heir all rights, powers and duties of an administrator appointed for the estate. The bill exempts the transfer of a motor vehicle registration from the affidavit requirement of this section and provides that the transfer of a motor vehicle would instead be governed by the provisions of R.S.39:3-30. The bill increases the $10,000 monetary amount to $20,000, and also adds civil union partners to the statute.

Under current law, R.S.39:3-30 provides that the surviving spouse or child in whom title to the motor vehicle would vest by terms of the will or otherwise may transfer the registration upon application to the Director of the Motor Vehicle Commission and payment of a fee of $4.50 without the need for a Short Certificate, Surrogate’s Affidavit or other evidence of administration of the estate. The bill clarifies language in this section and adds language concerning civil union partners and domestic partners.