New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX
Subchapter 11 - WAIVERS-CONSENT TO TRANSFER
Section 18:26-11.4 - Real and personal property of resident and nonresident decedents
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Waivers consenting to the transfer of real property located in New Jersey are necessary for estates of resident decedents or estates of decedents whereby guardians have been appointed for the decedent prior to his or her death. Real property held by spouses/civil union couple/domestic partners as tenants by the entirety does not require a waiver for the estate of the spouse/civil union partner/domestic partner dying first.
(b) An inheritance tax waiver is required for a period of 15 years from the date of such decedent's death. If the decedent died after December 31, 2001, an estate tax waiver is required for an unlimited period in order to affect the transfer or delivery of the real or personal tangible or intangible property specified in N.J.A.C. 18:26-11.1, which the decedent owned or in which he or she had an interest at the date of death.
(c) Transfer inheritance tax waivers are necessary to transfer any real property located in New Jersey belonging to a nonresident decedent. Such waivers are issued after the nonresident decedent return is filed with the Transfer Inheritance Tax Branch and the tax, if any, is adjusted and paid.
