2009 New Jersey Code
TITLE 46 - PROPERTY
Section 46:16
46:16-5.1 - Nontestamentary trust instruments not acknowledged or proved; recording of

46:16-5.1.  Nontestamentary trust instruments not acknowledged or proved; recording of
    When a fiduciary who acted or is acting under a trust instrument which has not been acknowledged or proved, other than a will or codicil, has acquired or shall acquire, title to or any right, title or interest in, real property in this State, the trust instrument may, solely for the purpose of publicly recording the terms of the trust instrument, be recorded as a deed in the office of the county recording officer of the county in which the real property  is situated, notwithstanding that the trust instrument has not been acknowledged or proved;  and after recording, the trust instrument shall not be  kept in such office notwithstanding that the instrument may be an ancient deed  as defined in section 46:16-7 of this Title;  provided, however, that no such  trust instrument shall be so recorded unless there shall be indorsed thereon or  annexed thereto, either, a duly executed affidavit made by the fiduciary to the  effect that the instrument on which the affidavit is indorsed or to which the  affidavit is annexed is the original trust instrument or a duplicate original  thereof and that the trust instrument was duly executed and delivered by the  person who created or established the trust, or a duly executed affidavit made  by anyone having an interest in the trust to the effect that the instrument on which the affidavit is indorsed or to which the affidavit is annexed is the original trust instrument or a duplicate original thereof and that the trust instrument was duly executed and delivered by the person who created or established the trust and stating the interest in the trust of the one making  the affidavit.

     L.1943, c. 147, p. 399, s. 1, eff. April 8, 1943.