Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Requires creditors to accept electronic document transmission for certain documents.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning electronic document transmission, amending N.J.S.3B:22-4, and supplementing Title 3B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.3B:22-4 is amended to read as follows:
3B:22-4. a. Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death. If a claim is not so presented to the personal representative within nine months from the date of the decedent's death, the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim.
b. A creditor who fails to comply with section 2 of P.L. , c. (C. )(pending before the Legislature as this bill) shall be prohibited from presenting a claim to the personal representative of the decedent’s estate.
(cf: P.L.2004, c.132, s.84)
2. (New Section) a. Upon the death of a decedent, and subsequent to a creditor presenting a claim to the personal representative of the decedent’s estate in writing and under oath pursuant to N.J.S.3B:22-4, a creditor shall accept the electronic transmission of a death certificate by the personal representative of the decedent.
b. When electronically transmitting a death certificate, a personal representative of the decedent shall transmit a certificate of death containing such items as shall be listed in subsection b. of R.S.26:6-7 or in the NJ-EDRS provided or approved by the Department of Health under the authority of subsection c. of R.S.36:8-24. The personal representative shall be authorized to obtain and receive a certification or a certified copy of a death certificate pursuant to section 24 of P.L.2003, c.221 (C.26:8-59.1).
c. A creditor who fails to accept an electronic transmission of a death certificate from a personal representative shall not be permitted to present a claim to the decedents estate pursuant to N.J.S.3B:22-4.
3. This act shall take effect
immediately.
STATEMENT
This bill permits the electronic transmission of death certificates.
Under the bill, a personal representative of a decedent is permitted to transmit a certification or certified copy of a death certificate via electronic means to a creditor who has established a claim against the decedents estate. A creditor who fails to accept electronic submission of a death certificate is prohibited from presenting a claim to the personal representative of the decedent’s estate.
Under current law, a death certificate is required to include the following items: the name of the decedent; the county or municipality in which the death occurred; date of death; sex of the decedent; date of birth; and date of issuance and manner of death.
It is the sponsor’s intent to address issues that executor have in transmitting death certificates to creditors. Executors have been told the following upon transmission of a death certificate to the creditor: “we did not receive it,” “it was sent to the wrong address,” and “the fax was not legible.” This bill would address these issues and streamline the transmission of the death certificate to creditors.