As between persons equally entitled, the Surrogate’s Court in granting letters shall give preference to residents of this State over nonresidents, unless the best interest of the estate will not thereby be served.
Rule 4:80-5.Residents preferred over nonresidents
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:80-5 has the Surrogate's Court prefer a New Jersey resident over a nonresident when two people are equally entitled to letters, unless doing so wouldn't serve the estate's best interest.
Full Text of Rule 4:80-5
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. 4:99-4. Amended July 26, 1984 to be effective September 10, 1984; amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
When two people have an equal claim to letters of administration, residency breaks the tie. The Surrogate's Court favors the New Jersey resident over the nonresident — unless granting letters that way wouldn't serve the estate's best interest.
Frequently Asked Questions
Does New Jersey favor resident applicants for letters of administration?
Yes, when two people are equally entitled, the Surrogate's Court prefers the resident over the nonresident, unless the estate's best interest requires otherwise.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:80-5). 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: resident preference letters of administration