Forma Pauperis

Rules of Court · Part 4 · New Jersey

R. 4:92-1 New Jersey Rules of Court, R. 4:92-1: Motion, rendered as code with every cross-reference linked

Motion

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

A notice of motion supported by affidavit of an executor or administrator made for leave to apply to the payment of the decedent's debts the surplus moneys on a foreclosure sale or the moneys received on the sale of real estate sold in an action for partition shall be captioned in the action in which the moneys arose. The motion and supporting affidavit shall state:

(a) the date of the decedent's death;

(b) the date of the sale under which the moneys were or will be received;

(c) whether any of the heirs or devisees have alienated or encumbered their estate in the lands sold, in whole or in part, or their interest in the proceeds of the sale thereof; and when, and what part and to whom; and

(d) whether any spouse has a right or estate of dower or curtesy in the money, or any part thereof.

Note: Source-R.R. 4:104-1; caption and text of former R. 4:85-1 amended and rule redesignated June 29, 1990 to be effective September 4, 1990.

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

rule 4:92-1 "Motion" {
A notice of motion supported by affidavit of an executor or administrator made for leave to apply to the payment of the decedent's debts the surplus moneys on a foreclosure sale or the moneys received on the sale of real estate sold in an action for partition shall be captioned in the action in which the moneys arose. The motion and supporting affidavit shall state:
(a) the date of the decedent's death;
(b) the date of the sale under which the moneys were or will be received;
(c) whether any of the heirs or devisees have alienated or encumbered their estate in the lands sold, in whole or in part, or their interest in the proceeds of the sale thereof; and when, and what part and to whom; and
(d) whether any spouse has a right or estate of dower or curtesy in the money, or any part thereof.
Note: Source-R.R. 4:104-1; caption and text of former R. 4:85-1 amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
}
referenced_by: 4:73-1, 4:93-1
source: njcourts.gov // verbatim; changed 2025-09-12; corpus harvested 2026-09-02

R. 4:92-2 → · chapter 4:92 · 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.