Rule 4:83-2.Filing of papers

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:83-2 requires papers in estate, trust, guardianship, and custodianship matters -- apart from will probate and minors' guardianship applications under R. 4:80 and R. 4:81 -- to be filed with the Surrogate of the county of venue as deputy clerk of the Superior Court.

Full Text of Rule 4:83-2

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In all matters relating to estates of decedents, trusts, guardianships and custodianships, other than those set forth in R. 4:80 and R. 4:81, all papers shall be filed with the Surrogate of the county of venue as the deputy clerk of the Superior Court, Chancery Division, Probate Part, pursuant to R. 1:5-6.

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. 4:117-2. Former R. 4:99-2 deleted and new R. 4:83-2 adopted June 29, 1990 to be effective September 4, 1990; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Outside the will-probate and minor's-guardianship applications governed by R. 4:80 and R. 4:81, every other paper touching a decedent's estate, a trust, a guardianship, or a custodianship goes to the same place: the Surrogate of the county where venue lies, filing in that role as the Superior Court's deputy clerk under R. 1:5-6.

Frequently Asked Questions

Where are papers filed in probate-related matters other than will probate or minors' guardianship?

With the Surrogate of the county of venue, acting as deputy clerk of the Superior Court, Chancery Division, Probate Part.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:83-2). 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: filing with the surrogate