If a creditor to whose claim exception is made elects to proceed in a plenary civil action in preference to a determination by the court on the exception, he or she shall so proceed immediately. If an executor or administrator desires to have a claim determined in a plenary action, he or she shall, before filing the report, so notify the creditor who shall thereupon proceed to sue immediately. Such sum as the creditor recovers in such plenary action shall be the amount upon which a ratable portion shall be paid. The court in which the action is brought shall dispose thereof as quickly as possible.
Rule 4:91-4.Excepted claims; plenary action; recovery
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:91-4 lets a creditor whose claim has been excepted choose a plenary civil action over a court determination on the exception (and lets the fiduciary force that same choice by early notice), ties the ratable payment to whatever the creditor recovers in that action, and directs the court hearing it to dispose of it as quickly as possible.
Full Text of Rule 4:91-4
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. 4:110-5; amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
A creditor unhappy with having a claim resolved through the exception process can opt out and sue instead — but has to do so right away. The same choice can be forced the other direction too: if the executor or administrator wants a disputed claim settled in a plenary action rather than decided on the exception, notifying the creditor before filing the report requires that creditor to sue immediately as well. Whatever the creditor ultimately recovers in that separate action sets the amount on which a ratable share gets paid, and the court handling the plenary action is directed to resolve it as fast as it can.
Frequently Asked Questions
Can a creditor sue separately instead of having an excepted claim decided by the court?
Yes, the creditor may elect to proceed in a plenary civil action, but must do so immediately.
What determines the ratable portion paid on a claim resolved through a plenary action?
The amount the creditor recovers in that action.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:91-4). 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: plenary action excepted claim