(a) Contents. Unless a complaint is filed with the Superior Court pursuant to R. 4:83, an application for letters of guardianship of a minor shall be filed with the Surrogate’s Court stating the minor’s age and residence and the names and addresses of the minor’s nearest of kin and of all persons who stand in loco parentis and of the persons with whom the minor resides.
Rule 4:81-1.Application
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:81-1 requires an application for letters of guardianship of a minor to be filed with the Surrogate's Court of the minor's domicile, stating the minor's family circumstances and, by affidavit, the value of the minor's estate.
Full Text of Rule 4:81-1
(b) Affidavits. The application shall have annexed to it an affidavit made by a person with personal knowledge stating the value of the minor’s real and personal estate and the amount of income from any real or personal estate belonging to the minor.
(c) Filing. The application shall be filed in the county where the minor is domiciled at the time or, if at that time the minor has no domicile in this State, then in any county in which the minor has any property.
(d) Recording. The application 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. 4:101-1; caption and paragraphs (a) and (b) of former R. 4:82-1; amended, new caption and text of paragraph (c) adopted, and rule redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Seeking guardianship of a minor's estate starts with an application to the Surrogate's Court of the county where the minor is domiciled (or, absent a New Jersey domicile, any county holding the minor's property). It has to state the minor's age and residence, the nearest of kin, anyone standing in loco parentis, and who the minor lives with, backed by an affidavit valuing the minor's real and personal estate and any income from it.
Frequently Asked Questions
Where is an application for a minor's guardianship filed?
With the Surrogate's Court of the county where the minor is domiciled, or, if the minor has no New Jersey domicile, any county holding the minor's property.
What must the guardianship application state?
The minor's age and residence, the nearest of kin, anyone standing in loco parentis, who the minor lives with, and, by affidavit, the value of the minor's real and personal estate and any income from it.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:81-1). 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: guardianship of minor's estateguardian for a minor's propertyminor's inheritance guardianapplying for guardianship of a child's estate