(a) Contents. Unless a complaint for probate is filed with the Superior Court pursuant to R. 4:83, an application for the probate of a will, for letters testamentary, letters of administration, letters of administration of non-resident estates in which administration has not been sought in the decedent’s state of residence, letters of administration with the will annexed, letters of administration ad prosequendum, letters of substitutionary administration and letters of substitutionary administration with the will annexed shall be filed with the Surrogate’s Court, stating: (1) the applicant’s residence; (2) the name and date of death of the decedent, his or her domicile at date of death and date of the last will, if any, of decedent; (3) the names and addresses of the spouse, heirs, next of kin and other persons, if any, entitled to letters, and their relationships to decedent, and, to the best of the applicant’s knowledge and belief, identifying any of them whose names or addresses are unknown and stating further that there are no other heirs and next of kin; (4) the ages of any minor heirs or minor next of kin; and in an application for probate of a will, whether the testator had issue living when the will was made, and whether he or she left any child born or adopted thereafter or any issue of such after-born or adopted child, and the names of after-born or adopted children since the date of the will, or their issue, if any. The applicant shall verify under oath that the statements are true to the best of the applicant’s knowledge and belief.
Rule 4:80-1.Application; voluntary discharge
Last amended September 1, 2020 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:80-1 requires a probate or letters-of-administration application to be filed with the Surrogate's Court of the decedent's domicile, detailing the decedent's family and estate, and lets a personal representative who can't continue serving file for voluntary discharge once every interested party consents (or, absent full consent, file a verified final account for court adjudication).
Full Text of Rule 4:80-1
(b) Certificates, Affidavits Accompanying the Application. Except in an application for substitutionary letters, the application shall be accompanied by a certificate of death or other competent proof thereof, unless for good cause dispensed with; and in all applications where a bond is required of the person applying for letters, the application shall be accompanied by an affidavit of the value of the personal estate.
(c) Filing. The application for the probate of a will or for letters of administration shall be filed with the Surrogate’s Court of the county in which the decedent was domiciled at death, or if at that time the decedent was not domiciled in this State, then with the Surrogate’s Court of any county in which the decedent left any property or into which any property belonging to the decedent’s estate may have come.
(d) Recording. The application shall be recorded by the Surrogate’s Court.
(e) Voluntary Discharge. A personal representative for an estate who is unwilling or unable to perform the duties and powers of the office may file for voluntary discharge with the Surrogate’s Court of the county that granted the personal representative’s letters.
(1) A voluntary discharge filing shall include the following:
(A) A Request for Voluntary Discharge of Personal Representative form, in such form as promulgated by the Administrative Director of the Courts, containing the following information:
(i) The name of the personal representative seeking to be discharged, and the representative’s address where future pleadings involving the estate can be served;
(ii) The name and address of every party in interest to the estate, and a description of that party’s interest;
(iii) A statement by the personal representative that every party in interest to the estate as listed pursuant to subparagraph (ii) above, or the guardian or other legal representative of any minor or incapacitated party in interest, has consented to the voluntary discharge of the personal representative, as well as to a waiver of the additional requirement that the personal representative file a verified final account with the Chancery Division, Probate Part for adjudication, showing the true condition of the estate, in order to release any sureties on the personal representative’s bond; and
(iv) A statement that the personal representative’s voluntary discharge is not intended to impair the rights of any party in interest or any creditor of the estate.
(B) The written, notarized consent of every party in interest as listed pursuant to subparagraph (A)(ii) above, or that of any minor or incapacitated party’s guardian or other legal representative, to the voluntary discharge of the personal representative and to the waiver of the filing of a verified final account with the Chancery Division, Probate Part for adjudication, showing the true condition of the estate, in order to release any sureties on the personal representative’s bond.
(2) A voluntary discharge filing shall be accompanied by an application completed by another person to be appointed as a successor or substitute personal representative for the estate.
(3) If all parties in interest to the estate do not consent to waiving the additional requirement that the personal representative file a verified final account showing the true condition of the estate pursuant to paragraph (1) above, a verified final account shall be filed with the Chancery Division, Probate Part for adjudication. Any sureties on the bond of the personal representative shall not be released until a final judgment has been rendered on the verified final account of the estate.
(4) Notwithstanding any consent by every party in interest to waive the requirement of a verified final account of an estate, a creditor of that estate whose interest has not been satisfied may petition the Superior Court for an accounting of the estate.
(5) A personal representative shall be discharged from the further performance of the duties and powers of the office, and the personal representative’s letters revoked, upon the approval by the Surrogate’s Court of the personal representative’s voluntary discharge filing. The personal representative shall account for and pay over the money and assets with which the personal representative is chargeable by virtue of the office to the successor or substitute personal representative.
(6) A personal representative who is voluntarily discharged from the office pursuant to an approved voluntary discharge filing shall not be entitled to any statutory commissions relating to the performance of the duties and powers of that office.
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. 4:99-1, 5:3-2; caption of rule, and text of paragraphs (a) and (b); amended, new paragraph (c) adopted, and former paragraph (c) redesignated as paragraph (d) and; amended June 29, 1990 to be effective September 4, 1990; paragraph (a); amended June 28, 1996 to be effective September 1, 1996; caption; amended and new paragraph (e) adopted July 31, 2020 to be effective September 1, 2020.
Plain-English Summary
Getting a will admitted to probate, or securing letters of administration, starts with an application filed with the Surrogate's Court of the county where the decedent was domiciled (or where the decedent's property sits, for a non-resident). That application has to name the decedent's spouse, heirs, and next of kin with their relationships, disclose any minor heirs, and, for a will, address any children born or adopted after it was signed — all verified under oath, and generally backed by a death certificate.
A personal representative who can no longer serve isn't stuck. Filing for voluntary discharge, along with an application naming a successor, releases that representative from the office once every interested party consents in writing, including to waiving the usual final accounting; without everyone's consent, the representative instead has to file a verified final account with the Chancery Division, Probate Part, and any bond sureties stay on the hook until that account is judicially settled. A voluntarily discharged representative gives up any claim to statutory commissions.
Frequently Asked Questions
Where is a probate or letters-of-administration application filed?
With the Surrogate's Court of the county where the decedent was domiciled at death, or, for a non-resident, any county holding the decedent's property.
Can a personal representative resign before the estate is fully administered?
Yes, by filing for voluntary discharge along with an application for a successor, once every interested party consents, or otherwise by filing a verified final account for court adjudication.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:80-1). 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: probate applicationletters of administrationvoluntary discharge of personal representative