(a) Complaint; Order to Show Cause. At any time after nine months following the date of decedent’s death, the executor or administrator may commence an action in the Chancery Division, Probate Part, by a complaint stating that to the best of the executor or administrator’s knowledge and belief, the real and personal estate of the decedent is insufficient to pay debts. The action shall proceed by order to show cause, which shall require the executor or administrator to give notice of the proceedings to the persons specified by R. 4:91-2 and shall set the date by which answers to the complaint or exceptions pursuant to R. 4:91-3 must be filed.
Rule 4:91-1.Proceedings When Estate is Insolvent
Last amended September 1, 2006 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:91-1 lets an executor or administrator, starting nine months after the decedent's death, commence an insolvency proceeding by complaint and order to show cause, requires filing a list of presented and to-be-allowed claims plus an R. 4:87-3 account, and lets the court adjudge the estate insolvent and rank each claim's priority.
Full Text of Rule 4:91-1
(b) Report of Claims; Account. The executor or administrator shall file with the complaint a list of creditors who have presented claims within nine months following the date of decedent’s death, or which the executor or administrator intends to allow without requiring the submission of a formal claim, stating the amount of each claim, whether it has been allowed or rejected, whether it is entitled to a statutory priority, and whether the claim is based on judgment, bond, note, book account, or otherwise. The executor or administrator shall also file with the complaint an account in the form required by R. 4:87-3.
(c) Judgment. The court may, on the presentation of the report of claims and the presentation of the account, adjudge the estate to be insolvent and determine the amount of each claim and its priority for payment.
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. 4:110-1, 4:110-2 (a) (b). Paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990; caption amended, paragraphs (a) and (b) caption and text amended, and paragraph (c) amended July 27, 2006 to be effective September 1, 2006.
Plain-English Summary
An estate that can't cover its debts gets its own proceeding, but not before nine months have passed since the decedent's death. At that point, the executor or administrator can file a complaint in the Chancery Division, Probate Part, stating a good-faith belief that the estate is insufficient to pay debts, and the action moves forward by order to show cause — giving notice under R. 4:91-2 and setting a deadline for answers or exceptions under R. 4:91-3.
Along with the complaint, the executor or administrator files a list of every claim presented within those first nine months (or any claim being allowed without requiring formal presentation), noting the amount, whether it's allowed or rejected, any statutory priority, and its basis, plus a full account in the form R. 4:87-3 requires. On that record, the court can declare the estate insolvent and fix the amount and priority of each claim.
Frequently Asked Questions
When can an executor or administrator start an insolvency proceeding?
No earlier than nine months after the decedent's death.
What must be filed along with the insolvency complaint?
A list of claims presented within the first nine months (or claims being allowed without formal presentation) and a full account in the form R. 4:87-3 requires.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:91-1). 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: insolvent estate proceedingestate insolvency