If upon the filing of a complaint to sell property subject to escheat to pay debts of an estate wherein heirs of devisees of the decedent have previously given bond to the executor or administrator, the court may provide in the order to show cause not only for the sale of the property but also for prosecution on the bonds. In such case the order to show cause shall provide for notice to be given to such heirs or devisees if they are still living and to their sureties or, if dead, to their personal representatives. Notice may be given to them by ordinary mail whether they reside within or outside this State.
Rule 4:90-6.Notice of application for prosecution of bonds of heirs and devisees
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:90-6 lets the order to show cause in an escheat-sale complaint also cover prosecution of bonds that heirs or devisees previously gave the executor or administrator, with notice to those heirs or devisees (or their personal representatives, if deceased) and their sureties by ordinary mail regardless of where they live.
Full Text of Rule 4:90-6
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. 4:109-8, 4:109-9; former R. 4:90-7; amended and redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
When heirs or devisees already posted bond to the executor or administrator, a complaint to sell escheat-subject property doesn't have to ignore that bond. The order to show cause can cover both the property sale and prosecution on the bonds, with notice going to the heirs or devisees (or, if they've died, their personal representatives) and their sureties — by ordinary mail, whether they live in New Jersey or somewhere else entirely.
Frequently Asked Questions
Can bond prosecution be combined with an escheat-sale proceeding?
Yes, the order to show cause can provide for both the property sale and prosecution on bonds heirs or devisees previously gave the executor or administrator.
How is notice given to those heirs, devisees, or their sureties?
By ordinary mail, whether they reside inside or outside New Jersey.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:90-6). 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: prosecution of bonds heirs devisees