Rule 4:63-2.Notice of motion for sale free from dower and curtesy

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:63-2 requires at least 35 days' notice before a fiduciary or partition sale may proceed free of a right of dower or curtesy, served under the ordinary rule if the party is in-state or the substituted-service rule if not.

Full Text of Rule 4:63-2

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In proceedings for the sale of real estate by a fiduciary or for partition, notice of an application to sell free and clear of a right or estate of dower or curtesy shall be served within this State in accordance with R. 1:5-2 at least 35 days prior to the application; or if it shall appear by affidavit made pursuant to R. 4:4-5 that the party entitled to notice cannot be served within this State, the notice may be served pursuant to R. 4:4-5, provided that service is completed at least 35 days prior to the application.

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. 4:81-4. Amended July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Cutting off someone's dower or curtesy interest so a fiduciary sale or partition sale can proceed free and clear takes real advance notice. The application has to be served at least 35 days beforehand, using the ordinary in-state service rule.

If an affidavit shows the party can't be served within the state, service instead follows the rule for reaching someone outside it — but the 35-day cushion before the application still has to be honored.

Frequently Asked Questions

How much notice is required before a sale can proceed free of a dower or curtesy right?

At least 35 days, whether service is made within the state or, when that's not possible, through the out-of-state service rule.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:63-2). 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: sale free of dowernotice of dower sale