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Rule 4:90-5.Judgment for sale

Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:90-5 requires a judgment ordering a partial sale of the decedent's real or personal estate to specify exactly which part is being sold.

Full Text of Rule 4:90-5

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If only part of the real or personal estate of which the decedent died seized is to be sold, the judgment for sale shall specify the part to be sold.

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. 4:109-6, 4:109-7, 4:109-8. Amended July 22, 1983 to be effective September 12, 1983; caption and text; amended June 29, 1990 to be effective September 4, 1990.

Plain-English Summary

When the debts don't call for selling everything, the judgment says so specifically — identifying just the part of the decedent's real or personal estate that's being sold.

Frequently Asked Questions

What must a judgment for a partial sale of estate property specify?

Exactly which part of the decedent's real or personal estate is to be sold.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:90-5). 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: judgment for partial sale