3B:23-34 Conditions precedent to suit for devise. 3B:23-34. An action to recover a devise may not be maintained until: a. The devise becomes due and payable; b. Reasonable demand for payment is made upon the personal representative; and c. A refunding bond in substantially the form prescribed in N.J.S.3B:23-26 is tendered to the personal representative by the devisee, or, if the devisee is a minor or a person who is incapacitated, by the guardian of the devisee's estate, and, if not accepted by the personal representative, the refunding bond is filed with the clerk of the court, prior to the commencement of the action. amended 2013, c.103, s.52.
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