Rule 4:57-2.Procedure for Deposit and Withdrawal of Moneys
Last amended September 1, 2014 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:57-2 requires court-deposited money to go into an interest-bearing account controlled by the Clerk, bars withdrawal except by a countersigned draft after the Trust Fund Unit verifies the payout order, and lets the Surrogate authorize a minor's withdrawal without a judge's order once the minor reaches majority.
(a)Superior Court. Deposits with the Superior Court shall be made by check to the order of “Superior Court of New Jersey”, and sent to the Clerk, who shall forthwith deposit it in an interest-bearing account in a depository designated by the Chief Justice, to the credit of the “Superior Court of New Jersey”; unless otherwise ordered by the Court as to a specified deposit or deposits, all estate and other funds so deposited with the Court shall be intermingled. No moneys on deposit under this rule shall be drawn, except by a draft or check of the Clerk, countersigned by a judge of the court or person designated by the Chief Justice. All proposed orders to pay out along with any accompanying motion shall be submitted to the Superior Court Trust Fund Unit for review and verification of the amount on deposit prior to submission to the court. Orders to pay out shall be reviewed by the Clerk, or other person designated by the Chief Justice, prior to payment. No draft or check shall be drawn until the reviewing party has established that:
(1)the order is consistent with the account records as to the amount involved;
(2)all interested parties have received notice of, or have consented to, the application to have the money paid out; and
(3)the order correctly identifies affected parties and those to whom payments are to be made. Payment pursuant to the order shall be withheld pending the curing of any deficiencies. Orders to pay out may be made under such terms and conditions as the trial court may, in its discretion, deem appropriate, subject to the above. Such orders may be stayed pending appeal upon application pursuant to R. 2:9-5 or, where necessary, R. 2:9-8.
(b)Accounts in the Surrogate’s Court. Moneys paid into the Surrogate’s Court shall be deposited in an interest-bearing trust account or accounts in responsible, federally insured banks, savings banks, trust companies or savings and loan associations, provided that no money shall be deposited in such account or accounts in excess of the maximum amount to which such deposits are insured. These funds shall be intermingled pursuant to guidelines promulgated by the Administrative Office of the Courts with the approval of the Chief Justice. The Surrogate shall maintain a record of the amounts deposited in each matter and may keep in a checking account a working reserve in an amount not exceeding that fixed by the Assignment Judge. Payment out of money deposited with the Surrogate’s Court shall be made only on order of a Superior Court judge, except that the Surrogate is authorized to issue an order permitting the withdrawal of funds of minors upon their reaching the age of majority.
(c)Construction Lien Law Deposits. If the Clerk of the Superior Court accepted a deposit of Construction Lien Law funds when no litigation was pending, as permitted by R. 4:57-1, the Clerk is authorized, without court order, to withdraw or disburse such funds pursuant to the conditions set forth in N.J.S.A. 2A:44A-31.
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.
Source-R.R. 4:72-3, 4:72-5 (first sentence), 5:5-5(a) (b) (c) (e); paragraph (a); amended July 17, 1975 to be effective September 8, 1975; paragraph (b); amended December 26, 1979 to be effective January 1, 1980; paragraphs (a) and (b); amended July 16, 1981 to be effective September 14, 1981; paragraph (b); amended June 28, 1996 to be effective September 1, 1996; new paragraph (c) adopted July 27, 2006 to be effective September 1, 2006; paragraph (a); amended July 22, 2014 to be effective September 1, 2014.
Plain-English Summary
Money deposited with the Superior Court goes by check to the court itself, into an interest-bearing account the Clerk controls, generally intermingled with other deposited funds unless the court orders otherwise. Getting it back out takes more than a signature: the Clerk's draft must be countersigned by a judge or the Chief Justice's designee, and every proposed payout order first goes to the Superior Court Trust Fund Unit to confirm the amount, the required notice or consent, and the correct payees before the court ever signs it.
Money paid into the Surrogate's Court instead follows a parallel path — insured, interest-bearing accounts, payment out generally requiring a Superior Court judge's order, with one shortcut: the Surrogate may authorize a minor to withdraw funds once that minor comes of age, without needing a judge's separate order. Construction Lien Law deposits accepted without pending litigation can be withdrawn or disbursed by the Clerk directly, without any court order at all.
Frequently Asked Questions
Can money deposited with the Superior Court be withdrawn on a simple request?
No. The draft or check must be countersigned by a judge or the Chief Justice's designee, and the proposed order first goes to the Superior Court Trust Fund Unit for verification.
Does a minor need a judge's order to withdraw court-deposited funds after turning 18?
No. The Surrogate is authorized to order that withdrawal directly once the minor reaches the age of majority.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:57-2). 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:withdrawing court deposit fundstrust fund unit review