Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:83-4 sets venue for probate actions by category -- the county where the Surrogate's Court is barred from acting, the incapacitated person's or conservatee's domicile for guardianship actions, the county where a fiduciary received letters for actions by or against that fiduciary, the county tied to trust property or a trustee's domicile for trustee appointments, and R. 4:3-2(a)'s general venue rule for everything else.
(a)Where the Surrogate’s Court May Not Act. In an action brought because the Surrogate’s Court is barred from acting by R. 4:82, venue shall be laid in that county.
(b)Guardianships and Conservatorship Actions. In an action for the appointment of a guardian for an alleged mentally incapacitated person or of a conservator, venue shall be laid in the county in which the alleged mentally incapacitated person or conservatee is domiciled at the commencement of the action, or if at that time the person has no domicile in this State, then in any county in which the person has any property.
(c)Actions By or Against a Fiduciary. In an action brought by or against a fiduciary who received letters of appointment in this State (1) to account for the estate, real or personal for which the fiduciary is chargeable, or (2) for the construction of the will or other instrument by which the fiduciary was appointed, or (3) for directions by the court as to the fiduciary’s authority or duties, venue shall be laid in the county in which the fiduciary received the letters of appointment.
(d)To Appoint Inter Vivos or Substituted Trustee. In an action for the appointment of a trustee or substituted trustee of an inter vivos trust, venue shall be laid in the county in which there is any property of the trust estate at the commencement of the action or in the county in which a trustee is domiciled at the time the action is commenced. All subsequent proceedings affecting the trust including the appointment of an additional or substituted trustee, shall be brought in the original venue.
(e)Other Actions. In all other probate actions, venue shall be laid in accordance with R. 4:3-2(a).
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. 4:116-1 through 5. Former R. 4:98 deleted and new R. 4:83-4 adopted June 29, 1990 to be effective September 4, 1990; paragraph (b); amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
Where a probate action belongs depends on what kind of action it is. If the Surrogate's Court can't act because of R. 4:82, venue sits in that same county. A guardianship or conservatorship action belongs where the alleged incapacitated person or conservatee is domiciled, or, absent a New Jersey domicile, any county holding that person's property. An action by or against a fiduciary — to compel an accounting, construe the governing instrument, or seek direction on the fiduciary's authority — belongs in the county that issued the fiduciary's letters.
Appointing a trustee or substituted trustee of an inter vivos trust belongs where the trust property sits or where a trustee is domiciled, and every later proceeding touching that trust stays in the same venue. Anything else falls back on the Superior Court's general venue rule, R. 4:3-2(a).
Frequently Asked Questions
Where does a guardianship or conservatorship action belong?
In the county where the alleged incapacitated person or conservatee is domiciled, or, if that person has no New Jersey domicile, any county holding the person's property.
Where does an action against a fiduciary for an accounting or instructions belong?
In the county where the fiduciary received letters of appointment.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:83-4). 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