An action for the appointment of a substituted trustee (a trustee not named in the trust document) of an inter vivos or testamentary trust shall be brought pursuant to R. 4:83. The complaint shall have attached a copy of the trust instrument and the acceptance by the person or persons seeking the appointment. The order to show cause shall be served upon all persons having an interest in the trust, vested or contingent, except as otherwise provided by R. 4:26-3 (virtual representation), and upon any trustees then serving. The judgment shall direct the issuance by the Surrogate’s Court of letters of trusteeship.
Rule 4:84-4.Appointment of substituted trustees
Last amended September 5, 2000 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:84-4 requires an action to appoint a substituted trustee to attach the trust instrument and the nominee's acceptance to the complaint, serve the order to show cause on every interested person (subject to virtual representation under R. 4:26-3) and any serving trustees, and have the judgment direct the Surrogate's Court to issue letters of trusteeship.
Full Text of Rule 4:84-4
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. 4:100-2 and 4:100-3. Former R. 4:81-2 and 4:81-3 deleted and new R. 4:84-4 adopted June 29, 1990 to be effective September 4, 1990; amended July 5, 2000 to be effective September 5, 2000.
Plain-English Summary
Appointing someone who isn't named in the trust document as trustee follows R. 4:83's procedure, with two attachments required up front: a copy of the trust instrument and the nominee's written acceptance. The order to show cause then goes out to everyone with an interest in the trust, vested or contingent — except where R. 4:26-3's virtual representation rule excuses individual notice — and to any trustees currently serving.
A favorable judgment doesn't appoint the trustee outright; it directs the Surrogate's Court to issue letters of trusteeship.
Frequently Asked Questions
What must be attached to a complaint seeking appointment of a substituted trustee?
A copy of the trust instrument and the nominee's written acceptance of the appointment.
Who must be served with the order to show cause in a substituted-trustee action?
Everyone with a vested or contingent interest in the trust, except as R. 4:26-3's virtual representation rule provides otherwise, along with any currently serving trustees.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:84-4). 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
Also known as: substituted trustee appointmentletters of trusteeship