No order appointing an administrator pendente lite or other limited administrator shall be entered by the Superior Court without either notice to the persons in interest or their written consent, unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable damage will result before notice can be served and a hearing had thereon. If an order is granted without notice, it shall give any person in interest leave to move for the discharge of the administrator on no more than 2 days’ notice. This rule shall not apply to the administrator ad prosequendum in an action for wrongful death.
Rule 4:84-5.Appointment of administrator pendente lite or other limited administrator
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:84-5 bars the Superior Court from appointing an administrator pendente lite or other limited administrator without notice or written consent, unless an affidavit or verified complaint shows immediate and irreparable damage, and, absent notice, requires the order to allow interested persons two days to move for discharge; the rule doesn't apply to an administrator ad prosequendum in a wrongful death action.
Full Text of Rule 4:84-5
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. 4:99-8. Amended July 26, 1984 to be effective September 10, 1984; caption and text of former R. 4:80-9; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Appointing a temporary administrator while a bigger fight over the estate plays out normally takes notice to the people in interest, or their written consent. The court can skip that only when specific facts in an affidavit or the verified complaint show that waiting for notice and a hearing would cause immediate and irreparable damage.
Skipping notice comes with a safety valve: the order has to let any person in interest move to discharge the administrator on no more than two days' notice. None of this reaches an administrator ad prosequendum appointed to bring a wrongful death action.
Frequently Asked Questions
Can a court appoint an administrator pendente lite without notice to interested persons?
Only if specific facts shown by affidavit or the verified complaint establish that immediate and irreparable damage will result before notice can be given and a hearing held.
Does this rule apply to an administrator ad prosequendum in a wrongful death case?
No, the rule expressly excludes that appointment.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:84-5). 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: administrator pendente litelimited administrator