If a will is sought to be proved in the Superior Court, proceedings for discovery shall be available pursuant to R. 4:10, R. 4:12 to 4:19 inclusive, R. 4:21 and R. 4:23. On the taking of a deposition, a photocopy of the will shall be marked for identification by the person before whom the deposition is taken. If the will is admitted to probate, the judgment of the Superior Court shall direct that the will be filed with and recorded by the Surrogate’s Court. Letters of appointment shall then be issued by the Surrogate’s Court.
Rule 4:84-2.Probate in the Superior Court
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:84-2 opens full discovery -- depositions and related devices -- to a will contest tried in the Superior Court, and requires the judgment admitting the will to probate to direct that it be filed and recorded, and letters issued, by the Surrogate's Court.
Full Text of Rule 4:84-2
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. 5:3-1 and 5:3-7. Former R. 4:84-2 redesignated as R. 4:96-5 and new R. 4:84-2 adopted June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Proving a will in the Superior Court, rather than before the Surrogate, comes with the full discovery toolkit: depositions, document production, physical and mental examinations, and the other devices under R. 4:10, R. 4:12 through R. 4:19, R. 4:21, and R. 4:23. When a deposition is taken, whoever conducts it marks a photocopy of the will for identification.
If the will is admitted to probate, the Superior Court's judgment doesn't end things there — it directs that the will be filed and recorded with the Surrogate's Court, which then issues the letters of appointment.
Frequently Asked Questions
What discovery is available in a will contest tried in the Superior Court?
The full range under R. 4:10, R. 4:12 through R. 4:19, R. 4:21, and R. 4:23, including depositions, with a photocopy of the will marked for identification when a deposition is taken.
Who issues letters of appointment after the Superior Court admits a will to probate?
The Surrogate's Court, once the Superior Court's judgment directs that the will be filed and recorded there.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:84-2). 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: will contest discoveryprobate in Superior Court