(a) Report of Sales. A sheriff, receiver, guardian, or a personal representative of decedent selling lands to pay debts or other person ordered to sell real estate shall file with the court a report of any sale made, verified by affidavit, stating the name of the purchaser and the price and terms of sale. If the sale was made by such guardian or personal representative, the report shall also state the names and addresses of all persons in interest. In case of a private sale, the report shall have annexed to it the affidavits of at least 2 persons, stating the fair market value of the property sold.
Rule 4:65-6.Report and confirmation of sales
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:65-6 requires anyone other than a sheriff who conducts a court-ordered sale to file a verified report and apply for confirmation on notice, with the court confirming only if satisfied the property brought its highest and best price, while a fiduciary selling under a will within a year of death may skip court approval altogether.
Full Text of Rule 4:65-6
(b) Notice of Application for Confirmation. Any person making the sale, other than a sheriff, shall apply for the court’s confirmation of the sale on 10 days’ notice, given personally or by ordinary mail to all persons in interest who reside in the State and 20 days’ notice similarly given to all persons in interest who reside outside this State; but the court may by order dispense with notice or make any other provision with respect thereto.
(c) Objections to Confirmation; Order Confirming Sale. Written objection to the confirmation of the sale and opposing affidavits shall be served upon the person making the sale not later than 3 days before the hearing unless the court permits service thereof at some other time. At the hearing the court may summarily dispose of the objection on affidavits. If the court approves the sale and is satisfied that the real estate was sold at its highest and best price at the time of the sale, it shall by order confirm the sale as valid and effectual and direct the person by whom it was made to deliver a good and sufficient conveyance in pursuance of the sale. If a private sale is submitted to the court for confirmation, the court may approve a better offer received after the tentative contract of sale.
(d) Sale by Fiduciary Under a Will Within One Year of Decedent’s Death. Where within one year after testator’s death a fiduciary under the will sells real estate pursuant to a power of sale conferred either by the will or by N.J.S.A. 3B:14-23, the fiduciary shall have the power, but shall not be required, to report the sale to the court for approval.
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. 4:83-6, 4:83-7, 4:83-8. Paragraphs (a) and (d) amended July 22, 1983 to be effective September 12, 1983; paragraphs (a) and (d); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A non-sheriff seller — a receiver, guardian, or personal representative — has to account for a court-ordered sale in detail: a verified report naming the purchaser and the sale's price and terms, plus, for a private sale, two affidavits attesting to the property's fair market value. That seller then applies for the court's confirmation, giving 10 days' notice to interested persons in the state and 20 days to those outside it, unless the court dispenses with notice altogether.
Objections and opposing affidavits go in at least three days before the confirmation hearing, and the court confirms the sale only if satisfied it brought the highest and best price — though for a private sale, the court can still approve a better offer that came in after the tentative contract. One exception skips this whole process: a fiduciary selling real estate under a will's power of sale within a year of the testator's death may report the sale for approval, but doesn't have to.
Frequently Asked Questions
What must a non-sheriff seller file after a court-ordered sale?
A verified report stating the purchaser's name and the price and terms of sale, plus two affidavits of fair market value for a private sale.
Does a fiduciary selling estate real estate always need court approval?
Not if the sale happens within one year of the testator's death under a power of sale in the will — that fiduciary may report the sale for approval but isn't required to.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:65-6). 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: confirmation of sheriff's salereport of sale