In actions for distribution the complaint shall state: (a) when letters, if any, were granted to a fiduciary; (b) the names and addresses of all persons interested, specifying which of them are minors or mentally incapacitated persons; and in actions for the distribution of an intestate’s estate, the manner and degree in which the next of kin severally stand related to the intestate; (c) the balance in the fiduciary’s hands for distribution, so far as the same may be known; and (d) shall have annexed to the complaint a copy of the will or other instrument, if any, pursuant to which distribution is to be made.
Rule 4:89-2.Complaint
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:89-2 requires a distribution complaint to state when letters were granted, name every interested person and flag minors or incapacitated persons (and, for an intestate estate, each next of kin's degree of relationship), disclose the known balance available for distribution, and attach a copy of the governing will or instrument.
Full Text of Rule 4:89-2
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. 4:108-2; amended June 29, 1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
A complaint seeking to distribute an estate has to lay out the essentials: when letters were granted to a fiduciary, if any; every interested person's name and address, flagging which are minors or incapacitated (and, for an intestate estate, exactly how each next of kin relates to the decedent); the balance on hand for distribution, so far as it's known; and a copy of the will or other instrument that governs how the distribution should happen.
Frequently Asked Questions
What must a distribution complaint disclose about the estate's next of kin?
For an intestate estate, the manner and degree in which each next of kin relates to the decedent.
Must a copy of the will be attached to a distribution complaint?
Yes, a copy of the will or other governing instrument, if any, must be annexed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:89-2). 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: distribution complaint