N.J. Admin. Code § 10A:16-7.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:16-7.6 - Distribution of money and personal belongings of deceased inmates

(a) Before money remaining in the account of a deceased inmate is distributed in accordance with (b) through (d) below, these funds shall be used to pay any fines, fees, penalties and restitution set forth in 10A:2-2.2.

(b) When an inmate expires without a will and the amount of money in the inmate's account and/or the value of personal property is $ 2,000 or less, such money and personal property may be turned over to the next-of-kin shown in the most recent classification records. The next-of-kin shall be required to sign an itemized list/receipt of such money and personal property, and a statement in which the next-of-kin certifies no knowledge of the existence of an official will. The Administrator or designee shall take the necessary steps to verify the identity of the next-of-kin.

(c) When an inmate expires without a will and the amount of money in the account and/or the value of personal property exceeds $ 2,000, these assets may be released to the inmate's relative or other claimant only after the relative or claimant presents to the Administrator or designee a certified, filed copy of Letters Testamentary, Letters of Administration, or a filed Affidavit from the Office of County Probate which entitles the claimant to assets without administration (see 3B:10-3 and 4).

(d) In the event an inmate dies without leaving a will, and there are no known relatives, the funds in the inmate's account, if any, shall be closed out and pursuant to the Uniform Unclaimed Property Act (1981), N.J.S.A. 46:30B, transferred to the Department of Treasury after deductions for burial or cremation.

N.J. Admin. Code § 10A:16-7.6

Amended by R.2005 d.179, effective 6/6/2005.
See: 37 New Jersey Register 188(a), 37 New Jersey Register 2020(b).
Rewrote (a).