Rules of Court · Part 4 · New Jersey

R. 4:82 New Jersey Rules of Court, R. 4:82: Matters In Which The Surrogate's Court May Not Act, rendered as code with every cross-reference linked

Matters In Which The Surrogate's Court May Not Act

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

Unless specifically authorized by order or judgment of the Superior Court, and then only in accordance with such order or judgment, the Surrogate's Court shall not act in any matter in which (1) a caveat has been filed with it before the entry of its judgment; (2) a doubt arises on the face of a will or a will has been lost or destroyed; (3) the application is to admit to probate a writing intended as a will as defined by N.J.S.A. 3B:3-2(b) or N.J.S.A. 3B:3-3; (4) the application is to appoint an administrator pendente lite or other limited administrator; (5) a dispute arises before the Surrogate's Court as to any matter; or (6) the Surrogate certifies the case to be of doubt or difficulty.

Note: Source - R.R. 5:3-3(a). Former R. 4:84-1(d) amended July 22, 1983, to be effective September 12, 1983; amended and redesignated as R. 4:82 June 29, 1990 to be effective September 4, 1990; amended June 28, 1996 to be effective September 1, 1996; amended July 27, 2006 to be effective September 1, 2006.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 4:82 "Matters In Which The Surrogate's Court May Not Act" {
Unless specifically authorized by order or judgment of the Superior Court, and then only in accordance with such order or judgment, the Surrogate's Court shall not act in any matter in which (1) a caveat has been filed with it before the entry of its judgment; (2) a doubt arises on the face of a will or a will has been lost or destroyed; (3) the application is to admit to probate a writing intended as a will as defined by N.J.S.A. 3B:3-2(b) or N.J.S.A. 3B:3-3; (4) the application is to appoint an administrator pendente lite or other limited administrator; (5) a dispute arises before the Surrogate's Court as to any matter; or (6) the Surrogate certifies the case to be of doubt or difficulty.
Note: Source - R.R. 5:3-3(a). Former R. 4:84-1(d) amended July 22, 1983, to be effective September 12, 1983; amended and redesignated as R. 4:82 June 29, 1990 to be effective September 4, 1990; amended June 28, 1996 to be effective September 1, 1996; amended July 27, 2006 to be effective September 1, 2006.
}
referenced_by: 4:83-4, 4:84-1
source: njcourts.gov // verbatim; changed 2026-03-20; corpus harvested 2026-09-02

chapter 4:82 · 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.