If the application for the letters specified in R. 4:80-1(a) (except letters testamentary) is made to the Surrogate’s Court by the person first entitled thereto, no renunciation or notice shall be required; but if the application is made by any other person, the applicant shall file:
Rule 4:80-3.Renunciation by or Notice to Next of Kin and Others
Last amended September 1, 2010 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:80-3 requires an applicant for letters who isn't first entitled to them to either obtain renunciations from everyone with an equal or prior right, or give notice of the application -- at least 10 days in-state and 60 days out-of-state -- and requires notice to the Attorney General when there are no known next of kin.
Full Text of Rule 4:80-3
(a) the renunciation, acknowledged before an officer qualified to take acknowledgments of deeds, of all competent adult persons whose right to the letters is prior or equal to that of the applicant, containing a request that the letters issue according to the application; or
(b) proof that at least 10 days’ notice of the application has been given to all such persons residing in this State who have not renounced, and that at least 60 days’ notice, or such notice (not less than 10 days in length) as the Surrogate’s Court by order may have directed, has been given to all of them who reside outside this State. If in an application for letters of administration with the will annexed, it appears that the decedent left a will naming an executor who has not renounced, proof shall be submitted showing that like notice has been given to the executor. In any case the Surrogate’s Court may require the applicant to give notice to interested persons other than those entitled to letters. Such notice may be served either as prescribed by R. 4:4-4 or by registered or certified mail return receipt requested to the person’s last known address. If the name or address of any such person entitled to notice is not known, then an affidavit of inquiry as to such name or address, made as prescribed by R. 4:4-5(b) shall be filed in lieu of proof of notice.
(c) In addition to the proofs required in paragraphs (a) and (b) of this rule, if the application for letters of administration shows that there are no known next of kin or knowledge thereof, the applicant shall file proof that at least 20 days’ notice of the application has been given to the Attorney General of this State.
(d) All renunciations shall be recorded by the Surrogate’s Court.
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. 4:99-3. Amended July 26, 1984 to be effective September 10, 1984; former caption and text of R. 4:80-3 deleted, introductory text and paragraphs (a), (b) and (c) of former R. 4:80-4; amended, paragraph (d) adopted, and rule redesignated June 29, 1990 to be effective September 4, 1990; paragraph (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (b); amended July 23, 2010 to be effective September 1, 2010.
Plain-English Summary
Someone other than the person first entitled to letters of administration has to clear the field first. That applicant either gets a formal renunciation from everyone with an equal or prior right to the letters, or proves that proper notice went out — at least 10 days for people in the state, and at least 60 days (or whatever shorter period the Surrogate sets) for those outside it. A named executor who hasn't renounced gets the same notice when the application seeks letters with the will annexed.
When there are no known next of kin at all, the Attorney General has to get at least 20 days' notice too, and every renunciation that comes in gets recorded by the Surrogate's Court.
Frequently Asked Questions
Does an applicant for letters always need renunciations from other eligible people?
No, only if the applicant isn't the person first entitled to the letters — that person needs neither a renunciation nor notice.
How much notice must be given to a non-renouncing person outside New Jersey?
At least 60 days, unless the Surrogate's Court orders a shorter period of at least 10 days.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:80-3). 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: renunciation of lettersnotice to next of kin probate