Requires creditors to accept electronic document transmission for certain documents.

A1248

ASSEMBLY, No. 1248

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Requires creditors to accept electronic document
transmission for certain documents.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.