NJ · rules
N.J. Ct. R. 4:85-3
After-Discovered Will
(a) Order to Show Cause. Where administration has been granted and subsequently a will is offered for probate or where probate of a will has been granted and subsequently a later will is offered for probate, the person offering such will may, upon the filing of a complaint, move without notice for an order requiring all interested persons to show cause why probate of such will should not be granted. The complaint shall be filed in the county where the original administration or probate was granted. If, on the return date or thereafter, new probate is granted, the court shall require the administrator or prior executor to make final settlement of his or her account and thereafter shall make such order respecting commissions as is appropriate.
(b) Probate by Surrogate. If, on the return date of the order to show cause, there is no objection to the offering of the after-discovered will for probate, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate unless a caveat has been filed or doubt arises from the face of the will.
History
Note: Source-R.R. 4:99-5; caption and text of former R. 4:80-6 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; first paragraph designated as (a) and paragraph (b) added June 28, 1996 to be effective September 1, 1996.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
99c95475d9d1665a673a03993053fc4b621d07f4c93db51fb895a3f67f386f65
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