(a) Order to Show Cause. Where administration has been granted and subsequently a will is offered for probate or where probate of a will has been granted and subsequently a later will is offered for probate, the person offering such will may, upon the filing of a complaint, move without notice for an order requiring all interested persons to show cause why probate of such will should not be granted. The complaint shall be filed in the county where the original administration or probate was granted. If, on the return date or thereafter, new probate is granted, the court shall require the administrator or prior executor to make final settlement of his or her account and thereafter shall make such order respecting commissions as is appropriate.
Rule 4:85-3.After-discovered will
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:85-3 lets someone offering a later-discovered will move without notice for an order to show cause why it shouldn't be probated -- filed where the original administration or probate was granted -- and lets the Surrogate probate that will without a hearing if no objection or caveat surfaces.
Full Text of Rule 4:85-3
(b) Probate by Surrogate. If, on the return date of the order to show cause, there is no objection to the offering of the after-discovered will for probate, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate unless a caveat has been filed or doubt arises from the face of the will.
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. 4:99-5; caption and text of former R. 4:80-6; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; first paragraph designated as (a) and paragraph (b) added June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
Finding a will after administration has already been granted, or a later will after an earlier one was probated, doesn't require starting over from scratch. The person offering the newly found will can move, without notice, for an order requiring everyone interested to show cause why it shouldn't be probated, filing in the same county where the original administration or probate happened. If the new probate goes through, the court also requires the prior administrator or executor to settle a final account and sets any commissions due.
If nobody objects by the return date, and there's no caveat or doubt about the will's validity, the Surrogate can lodge it for probate and proceed from there.
Frequently Asked Questions
Must the person offering an after-discovered will give notice before seeking probate?
No, the initial motion for an order to show cause can be made without notice; the order itself then goes to all interested persons.
Can the Surrogate probate an after-discovered will without a hearing?
Yes, if no objection is raised and no caveat has been filed by the return date, and there's no doubt about the will on its face.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:85-3). 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: after-discovered willlater will probate