If a trustee is named in or pursuant to a will duly admitted to probate or a successor trustee under a will has been appointed, the trustee shall, before exercising the authority vested by the will or the appointment, accept the trusteeship as provided by R. 4:96-1. The acceptance shall recite the names and addresses of the trustees and the persons interested in the trust and shall identify their interests. Upon the filing of the acceptance and the power of attorney required by N.J.S.A. 3B:14-47, letters of trusteeship shall be issued by the Surrogate’s Court. No application, judgment or order for the issuance of letters shall be required.
Rule 4:80-9.Testamentary trustee
Last amended September 5, 2000 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:80-9 requires a testamentary trustee to formally accept the trusteeship before acting, after which the Surrogate's Court issues letters of trusteeship without any separate application, judgment, or order.
Full Text of Rule 4:80-9
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. 4:100-1. Amended July 7, 1971 to be effective September 13, 1971; amended July 26, 1984 to be effective September 10, 1984; former R. 4:81-1; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended July 5, 2000 to be effective September 5, 2000.
Plain-English Summary
A trustee named in a probated will can't just start acting — acceptance comes first, following the same procedure any fiduciary uses, and that acceptance has to name the trustees and everyone interested in the trust along with their interests.
Once that acceptance and the required power of attorney are filed, the Surrogate's Court issues letters of trusteeship as a matter of course — no separate application, judgment, or order needed.
Frequently Asked Questions
Does a testamentary trustee need a court order to receive letters of trusteeship?
No, once the trustee's acceptance and the required power of attorney are filed, the Surrogate's Court issues the letters without any application, judgment, or order.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:80-9). 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: testamentary trustee acceptanceletters of trusteeship