The gross sum to be allowed in lieu of dower or curtesy or an estate for life or years devised in lieu of dower or curtesy shall be fixed by the court at such an amount as, in its opinion and under the circumstances of the case, will provide a reasonable satisfaction for the dower or other interest. In fixing that amount, the court shall proceed after the sale as follows:
Rule 4:63-3.Calculation of gross sum in lieu of dower or curtesy
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:63-3 has the court fix a gross sum in lieu of dower or curtesy after a sale by comparing the value under a life-annuity calculation against the value based on the property's yearly income, adjusting for the person's health and life expectancy.
Full Text of Rule 4:63-3
(a) The court shall calculate the value of the dower or other interest upon the basis of the net proceeds of the sale, above costs and expenses, applying the principle of life annuities and using the table printed in the Appendix to these rules. Except in unusual circumstances, the amount fixed by the court shall not be greater than that arrived at under this paragraph.
(b) The court shall also calculate the value of the dower or other interest upon the basis of the clear yearly income from the premises, applying the same principle and using the same table. In ascertaining the clear yearly income, allowance shall be made for insurance, taxes and all repairs necessary to keep the premises in as good a condition as at the sale, including the renewal of any part of the buildings thereon required, because of deterioration or ordinary wear and tear.
(c) If the interest on the net proceeds of sale at 5 ½% or at such other interest rate as the court determines on good cause shown is appropriate, exceeds the clear yearly income, the amount fixed by the court shall, except in unusual circumstances, be determined by adding to the amount arrived at under paragraph (b), in cases of dower or curtesy, ½—or in other cases, ¼—of the difference between the amount arrived at under paragraph (a) and the amount arrived at under paragraph (b).
(d) The court shall make inquiry as to the health of the person entitled to the dower or other interest and shall reduce the gross sum accordingly if such person does not have an average life expectancy.
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. 4:81-5; paragraph (c); amended February 24, 1978 to be effective immediately as to all matters wherein final judicial review has not been exhausted; paragraph (c); amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Converting a dower or curtesy interest into a lump sum takes a structured calculation, not a guess. The court first values the interest using the net sale proceeds and a life-annuity table, and ordinarily won't set the final amount any higher than that figure. It then values the interest a second way, based on the property's clear yearly income after accounting for insurance, taxes, and the repairs needed to keep it in the condition it was in at sale.
If the interest the net proceeds would earn exceeds that yearly income figure, the court generally splits the difference between the two calculations — adding half the gap in a dower or curtesy case, a quarter in other cases — to the income-based figure. And whatever the math produces, the court still looks at the health of the person entitled to the interest and reduces the sum if that person's life expectancy is below average.
Frequently Asked Questions
How does a New Jersey court calculate the lump sum owed in lieu of dower or curtesy?
By comparing a life-annuity valuation based on the net sale proceeds against a valuation based on the property's clear yearly income, then adjusting for the person's health and life expectancy.
Can the court reduce the sum based on the person's health?
Yes. The court inquires into the health of the person entitled to the interest and reduces the gross sum if that person doesn't have an average life expectancy.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:63-3). 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: gross sum in lieu of dower