Rules of Court · Part 4 · New Jersey
R. 4:81-2 New Jersey Rules of Court, R. 4:81-2: Renunciation or Notice, rendered as code with every cross-reference linked
Renunciation or Notice
If the application is made by the minor's only living parent for letters of guardianship of the minor's estate, no renunciation or notice shall be required; but if made by any other person, there shall be filed either:
(a) A renunciation, made in accordance with R. 4:96-2, by (1) all adult persons whose right to the letters is prior or equal to that of the applicant, (2) the person or persons, if any, in loco parentis to the minor and (3) the persons with whom the minor resides. All such renunciations shall contain a request for the issuance of letters according to the application; or
(b) Proof of notice of the application or affidavit of inquiry as prescribed in R. 4:80-3(b). Such notice shall be given to the persons whose renunciations are required by paragraph (a) and such additional persons as the Surrogate may specify.
Note: Source-R.R. 4:101-2. Amended July 26, 1984 to be effective September 10, 1984; introductory text and paragraphs (a) and (b) of former R. 4:82-2 amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:81-2 "Renunciation or Notice" {
If the application is made by the minor's only living parent for letters of guardianship of the minor's estate, no renunciation or notice shall be required; but if made by any other person, there shall be filed either:
(a) A renunciation, made in accordance with R. 4:96-2, by (1) all adult persons whose right to the letters is prior or equal to that of the applicant, (2) the person or persons, if any, in loco parentis to the minor and (3) the persons with whom the minor resides. All such renunciations shall contain a request for the issuance of letters according to the application; or
(b) Proof of notice of the application or affidavit of inquiry as prescribed in R. 4:80-3(b). Such notice shall be given to the persons whose renunciations are required by paragraph (a) and such additional persons as the Surrogate may specify.
Note: Source-R.R. 4:101-2. Amended July 26, 1984 to be effective September 10, 1984; introductory text and paragraphs (a) and (b) of former R. 4:82-2 amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
}
referenced_by: 4:63-1, 4:84-4
source: njcourts.gov // verbatim; changed 2025-09-11; corpus harvested 2026-09-02← R. 4:81-1 · R. 4:81-3 → · chapter 4:81 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.