(a) Actions to settle the accounts of executors, administrators, testamentary trustees, non-testamentary trustees, guardians and assignees for the benefit of creditors shall be brought in the county where such fiduciaries received their appointment. The action shall be commenced by the filing of a complaint in the Superior Court, Chancery Division, and upon issuance of an order to show cause pursuant to R. 4:83. A non-testamentary trustee shall annex to the complaint a copy of the written instrument creating the trust and stating its terms. The order to show cause shall state the amount of commissions and attorney’s fee, if any, which are applied for.
Rule 4:87-1.Procedure
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:87-1 requires an action to settle a fiduciary's account to be brought by complaint and order to show cause under R. 4:83 in the county of appointment, and lets an interested person instead bring an action to compel a fiduciary to settle the account.
Full Text of Rule 4:87-1
(b) An action may be commenced by an interested person to compel a fiduciary referred to in paragraph (a) of this rule to settle his or her account, and, in appropriate circumstances, to file an inventory and appraisement.
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. 4:105-1, 4:105-2, 4:105-4(a)(b), 5:3-6(a)(b). Former R. 4:86-1, 4:86-2 and 4:86-3 deleted and new R. 4:87-1 adopted June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Settling the account of an executor, administrator, testamentary or non-testamentary trustee, guardian, or assignee for the benefit of creditors happens in the county where that fiduciary was appointed, started by a complaint in the Chancery Division and an order to show cause under R. 4:83. A non-testamentary trustee attaches a copy of the trust instrument, and the order to show cause states any commissions and attorney's fee being requested.
A fiduciary who won't voluntarily account doesn't get a free pass — an interested person can bring a separate action to compel the accounting and, where appropriate, an inventory and appraisement.
Frequently Asked Questions
Where is an action to settle a fiduciary's account brought?
In the county where the fiduciary received the appointment, by complaint and order to show cause under R. 4:83.
Can an interested person force a reluctant fiduciary to account?
Yes, by bringing an action to compel the fiduciary to settle the account and, where appropriate, file an inventory and appraisement.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:87-1). 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: settlement of fiduciary accountcompel accounting