Rules of Court · Part 4 · New Jersey

R. 4:90-3 New Jersey Rules of Court, R. 4:90-3: Order to Show Cause, rendered as code with every cross-reference linked

Order to Show Cause

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

Upon filing of the complaint, and if the complaint is made by a creditor upon notice to the executor or administrator, the court may make an order requiring all persons interested in the decedent's real or personal estate, including the State Treasurer and the Attorney General, to show cause on a specified date not less than two months after the date of the order why so much of the real or personal estate should not be sold as will be sufficient to pay the decedent's debts or the residue thereof. A copy of the order to show cause together with a copy of the complaint shall be sent by registered or certified mail to the State Treasurer and the Attorney General and no further proceedings shall be taken unless a certificate, signed by the Attorney General and the State Treasurer certifying that the State will interpose no objection to the making of an Order authorizing the sale of such property, has been received by the Court. The order to show cause shall, one month prior to the date fixed in the order for the hearing, be published in an online news publication of this State eligible to publish legal notices in accordance with N.J.S.A. 35:3-1 et seq., as the court directs.

Note: Source—R.R. 4:109-4, 4:109-8. Amended July 7, 1971 to be effective September 13, 1971; amended June 29, 1990 to be effective September 4, 1990; amended July 23, 2026 to be effective September 1, 2026.

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

rule 4:90-3 "Order to Show Cause" {
Upon filing of the complaint, and if the complaint is made by a creditor upon notice to the executor or administrator, the court may make an order requiring all persons interested in the decedent's real or personal estate, including the State Treasurer and the Attorney General, to show cause on a specified date not less than two months after the date of the order why so much of the real or personal estate should not be sold as will be sufficient to pay the decedent's debts or the residue thereof. A copy of the order to show cause together with a copy of the complaint shall be sent by registered or certified mail to the State Treasurer and the Attorney General and no further proceedings shall be taken unless a certificate, signed by the Attorney General and the State Treasurer certifying that the State will interpose no objection to the making of an Order authorizing the sale of such property, has been received by the Court. The order to show cause shall, one month prior to the date fixed in the order for the hearing, be published in an online news publication of this State eligible to publish legal notices in accordance with N.J.S.A. 35:3-1 et seq., as the court directs.
Note: Source—R.R. 4:109-4, 4:109-8. Amended July 7, 1971 to be effective September 13, 1971; amended June 29, 1990 to be effective September 4, 1990; amended July 23, 2026 to be effective September 1, 2026.
}
referenced_by: 4:71-3
amended: 2026-09-02 // changed; first diff after the 2026-08-17 corpus; amendments effective 2026-09-01
source: njcourts.gov // verbatim; changed 2026-08-31; corpus harvested 2026-09-02

← R. 4:90-2 · R. 4:90-4 → · chapter 4:90 · 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.