If a will has been probated by the Surrogate’s Court or letters testamentary or of administration, guardianship or trusteeship have been issued, any person aggrieved by that action may, upon the filing of a complaint setting forth the basis for the relief sought, obtain an order requiring the personal representative, guardian or trustee to show cause why the probate should not be set aside or modified or the grant of letters of appointment vacated, provided, however, the complaint is filed within four months after probate or of the grant of letters of appointment, as the case may be, or if the aggrieved person resided outside this State at the time of the grant of probate or grant of letters, within six months thereafter. If relief, however, is sought based upon R. 4:50-1 (d), (e) or (f) or R. 4:50-3 (fraud upon the court) the complaint shall be filed within a reasonable time under the circumstances. The complaint and order to show cause shall be served as provided by R. 4:67-3. Other persons in interest may, on their own motion, apply to intervene in the action.
Rule 4:85-1.Complaint; time for filing
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:85-1 lets a person aggrieved by a will's probate or a grant of letters challenge that action by complaint and order to show cause within four months (six months if the person resided out of state), or within a reasonable time for relief grounded on R. 4:50-1(d), (e), or (f) or R. 4:50-3's fraud-on-the-court provision, with other interested persons free to intervene.
Full Text of Rule 4:85-1
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. 4:99-6(a)(b), 5:3-4(a)(b), 5:3-5(a). Former R. 4:80-7 deleted and new R. 4:85-1 adopted June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Someone unhappy with a will's probate, or with letters of administration, guardianship, or trusteeship already granted, can challenge it by filing a complaint and getting an order to show cause why the probate or letters shouldn't be set aside, modified, or vacated. That challenge has a deadline: four months after the probate or grant of letters, stretched to six months for someone who lived outside New Jersey when it happened.
Relief grounded on newly discovered evidence, an unenforceable judgment, or another catch-all ground under R. 4:50-1(d), (e), or (f), or on fraud upon the court under R. 4:50-3, isn't bound by that clock — it just has to come within a reasonable time under the circumstances. Service tracks R. 4:67-3, and anyone else with a stake in the outcome can move to intervene.
Frequently Asked Questions
How long does someone have to challenge a will's probate or a grant of letters?
Can other interested people join a probate challenge already underway?
Yes, other persons in interest may move to intervene on their own initiative.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:85-1). 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 deadlinevacate probatechallenge letters of administration