N.J. Stat. » Title 3B — ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
New Jersey Statutes

N.J. Stat. § 3B:3-35 (2026)

Anti-lapse; deceased devisee; class gifts

✓ current as of May 2026
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3B:3-35 Anti-lapse; deceased devisee; class gifts.

If a devisee who is a grandparent, stepchild or a lineal descendant of a grandparent of the decedent is dead at the time of the execution of the governing instrument, fails to survive the decedent, or is treated as if he predeceased the decedent, any descendants of the deceased devisee who survives the decedent by 120 hours take by representation in place of the deceased devisee. One who would have been a devisee under a class gift if he had survived the decedent is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the governing instrument. For purposes of this section, a"stepchild" means a child of the surviving, deceased or former spouse who is not a child of the decedent.

Notes of Decisions
Cited in 2 cases, 2006–2019 · leading case: Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006).
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Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006). “12 (1997); N.J. Stat. Ann. § 3B:3-35 (West 1983); N.”
In the Matter of the Est. of Victor Vincent Alfieri in the Matter of the Est. of Antoinette Alfieri (p-002363-2011 & P-000377-2013, Morris Cnty. & Statewide) (Consol.), No. A-2847-16T4/A-3044-16T4 (N.J. Super. Ct. App. Div. Oct. 3, 2019). · cites it 2× “Barbara's brother and Antoinette's A-2847-16T4 13 nephew, Charles, also filed an answer, claiming exceptions to the accounting and asserting he "should be deemed a residuary beneficiary" of Antoinette's Will under the anti-lapse statute, N.J.S.A. 3B:3-35, which provides that: If…”
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