The complaint of a creditor in an action to sell real or personal property of an estate subject to escheat to pay debts, shall state that:
Rule 4:90-2.Complaint by creditor for sale
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:90-2 lets a creditor whose judgment against the estate remains unsatisfied file a complaint to sell escheat-subject property, stating that the claim was reduced to judgment, the judgment is unpaid for lack of assets, the property's description and value, and that the executor or administrator ignored the creditor's demand to sell for more than a month.
Full Text of Rule 4:90-2
(a) the creditor has reduced the claim against the executor or administrator to judgment;
(b) the judgment remains partly or wholly unsatisfied for want of assets;
(c) there is property, specifying its description, location, character, condition and value, as near as may be; and
(d) the executor or administrator, notwithstanding that demand has been made upon him or her more than one month previously, has failed to commence an action for the sale of estate property.
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. 4:109-2, 4:109-8; amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
A creditor stuck with an unsatisfied judgment against an estate isn't at the mercy of an inactive executor or administrator. That creditor can file a complaint to sell property that would otherwise escheat, stating that the claim has already been reduced to judgment, that the judgment remains partly or wholly unsatisfied for lack of assets, describing the property and its rough value, and confirming that the executor or administrator failed to act on a sale despite a demand made more than a month earlier.
Frequently Asked Questions
When can a creditor file a complaint to sell estate property for debts?
When the creditor's claim is already reduced to judgment, the judgment remains unsatisfied for lack of assets, and the executor or administrator has ignored a sale demand made more than a month before.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:90-2). 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: creditor complaint sale of estate property