(a) Minor. In the event of a judgment for a minor after trial or settlement, the court shall dispense with the giving of a bond and, except as otherwise ordered by the court, shall direct the proceeds of the judgment, if it does not exceed $5,000 to be disposed of pursuant to N.J.S.A. 3B:12-6, and if it exceeds the same, then to be deposited in court pursuant to N.J.S.A. 3B:15-16 and 17. A copy of the order directing deposit of the proceeds shall be furnished by the court to the surrogate on its entry.
Rule 4:48A.Judgments for Minors and Mentally Incapacitated Persons
Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:48A directs how a judgment recovered for a minor or a mentally incapacitated person gets handled -- generally dispensing with a bond and depositing the proceeds in court, with withdrawals allowed only on motion and affidavit filed in the Probate Part.
Full Text of Rule 4:48A
(b) Mentally Incapacitated Persons. If a judgment is in favor of a mentally incapacitated person, the court shall by order either dispense with the giving of a bond by the guardian and direct that the proceeds of the judgment be deposited in court to be handled in the same manner as in the case of a minor, or make such other provision for the disposition of the proceeds of the judgment as may be in the best interest of the mentally incapacitated person.
(c) Withdrawals. Withdrawal of funds deposited pursuant to this rule shall be sought by notice of motion supported by an affidavit explaining the necessity for the requested withdrawal of funds and filed in the Superior Court, Chancery Division, Probate Part. The proceeding shall be ex parte unless there are adverse interests or unless the court otherwise orders.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Adopted July 7, 1971 to be effective September 13, 1971; paragraph (a); amended July 22, 1983 to be effective September 12, 1983; paragraphs (a) and (b); amended and paragraph (c) adopted June 29, 1990 to be effective September 4, 1990; caption; amended, and paragraph (b) caption and text; amended July 12, 2002 to be effective September 3, 2002; paragraphs (a) and (c); amended July 9, 2008 to be effective September 1, 2008.
Plain-English Summary
A judgment for a minor or an incapacitated person does not just get handed over. For a minor, the court dispenses with a bond and, depending on the amount, directs the proceeds either disposed of under the smaller-estate statute or deposited in court under the statute governing larger sums, with the surrogate notified of the deposit order. A judgment for a mentally incapacitated person follows a similar path, or whatever alternative disposition the court finds is in that person's best interest.
Getting money back out requires its own motion, in the Superior Court's Chancery Division, Probate Part, supported by an affidavit explaining why the withdrawal is necessary — a proceeding that is ex parte unless someone has an adverse interest or the court orders otherwise.
Frequently Asked Questions
Does a minor's judgment recovery require a bond?
No. The court dispenses with a bond and directs the proceeds either disposed of under the applicable statute or deposited in court, depending on the amount.
How does someone withdraw funds deposited under this rule?
By motion supported by an affidavit explaining the necessity, filed in the Superior Court, Chancery Division, Probate Part.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:48A). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: minor's judgment proceedsdeposit of settlement fundsguardianship judgment funds