Unless otherwise specified, all actions in the Superior Court, Chancery Division, Probate Part, shall be brought in a summary manner by the filing of a complaint and issuance of an order to show cause pursuant to R. 4:67. The Surrogate, as Deputy Clerk, may fix the return date of the order to show cause and execute the same unless the procedure in a particular case raises doubt or difficulty. Service shall be made and the action shall proceed thereafter in accordance with that rule.
Rule 4:83-1.Method of Proceeding
Last amended September 1, 2019 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:83-1 requires probate actions to proceed summarily by complaint and order to show cause under R. 4:67, with the Surrogate as deputy clerk empowered to set the return date unless the case raises doubt or difficulty.
Full Text of Rule 4:83-1
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. 4:105-3, 4:117-1. Former R. 4:99-1 deleted and new R. 4:83-1 adopted June 29, 1990 to be effective September 4, 1990; amended June 28, 1996 to be effective September 1, 1996; amended July 9, 2008 to be effective September 1, 2008; amended July 29, 2019 to be effective September 1, 2019.
Plain-English Summary
Most matters in the Chancery Division's Probate Part move on a fast track: a complaint paired with an order to show cause, following the summary-action procedure of R. 4:67, rather than a standard complaint and answer. The Surrogate, acting as deputy clerk, can set the return date and sign the order without a judge's involvement — unless something about the case leaves the Surrogate uncertain how to proceed.
Once the order issues, service and everything that follows track R. 4:67's summary-action rules.
Frequently Asked Questions
How do actions in the Probate Part typically proceed?
By filing a complaint and having an order to show cause issue, following the summary-action procedure of R. 4:67, rather than the standard complaint-and-answer track.
Who can set the return date on the order to show cause?
The Surrogate, acting as deputy clerk, unless the case raises doubt or difficulty that calls for a judge's involvement.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:83-1). 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 summary proceedingorder to show cause probatehow probate cases proceed in New JerseyProbate Part procedure