If in an action for the distribution of personal property of a decedent who died intestate, proceedings are taken under N.J.S.A. 3B:23-19 to bar persons whose names or addresses are unknown from all right, title or claim to the estate, the court shall require an inquiry and affidavit to be made pursuant to R. 4:4-5(a)(3). Plaintiff’s attorney shall also give notice of the proceedings to the Attorney General within 45 days of the date they are scheduled to commence and shall file an appropriate proof of said notice.
Rule 4:89-3.Inquiry for Unknown Distributees
Last amended September 1, 2010 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:89-3 requires an inquiry and affidavit under R. 4:4-5(a)(3) before unknown distributees of an intestate estate can be barred from claiming a share, along with notice to the Attorney General filed within 45 days before the proceedings begin.
Full Text of Rule 4:89-3
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. 4:108-3. Amended July 22, 1983 to be effective September 12, 1983; amended June 29, 1990 to be effective September 4, 1990; amended July 5, 2000 to be effective September 5, 2000; amended July 23, 2010 to be effective September 1, 2010.
Plain-English Summary
Cutting off an unknown heir's claim to an intestate estate takes real diligence first. Before the court will bar persons whose names or addresses are unknown from any claim to the estate, it requires the inquiry and affidavit R. 4:4-5(a)(3) demands. Plaintiff's attorney also has to notify the Attorney General within 45 days before the proceedings are scheduled to start and file proof that the notice went out.
Frequently Asked Questions
What must happen before unknown distributees can be barred from an intestate estate?
The court requires an inquiry and affidavit under R. 4:4-5(a)(3), plus notice to the Attorney General filed within 45 days before the proceedings commence.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:89-3). 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: unknown distributeesbar unknown heirs