A notice of motion supported by affidavit of an executor or administrator made for leave to apply to the payment of the decedent’s debts the surplus moneys on a foreclosure sale or the moneys received on the sale of real estate sold in an action for partition shall be captioned in the action in which the moneys arose. The motion and supporting affidavit shall state:
Rule 4:92-1.Motion
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:92-1 requires a motion (captioned in the action that generated the money) seeking leave to apply foreclosure-sale surplus or partition-sale proceeds toward the decedent's debts to be supported by the executor's or administrator's affidavit stating the date of death, the date of the sale, any alienation or encumbrance of the property or proceeds by heirs or devisees, and any spousal dower or curtesy interest.
Full Text of Rule 4:92-1
(a) the date of the decedent’s death;
(b) the date of the sale under which the moneys were or will be received;
(c) whether any of the heirs or devisees have alienated or encumbered their estate in the lands sold, in whole or in part, or their interest in the proceeds of the sale thereof; and when, and what part and to whom; and
(d) whether any spouse has a right or estate of dower or curtesy in the money, or any part thereof.
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. 4:104-1; caption and text of former R. 4:85-1; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Reaching surplus money from a foreclosure sale, or proceeds from a partition sale, to pay a decedent's debts takes a motion filed in the very action that generated the money, backed by the executor's or administrator's affidavit. That affidavit has to cover the date of death, the date the sale money was or will be received, whether any heir or devisee has sold or encumbered their share of the land or the sale proceeds (and if so, when, how much, and to whom), and whether a spouse holds a dower or curtesy interest in the money.
Frequently Asked Questions
Where is the motion to apply surplus sale money to a decedent's debts filed?
Captioned in the same action — the foreclosure or partition action — that produced the money.
What must the supporting affidavit address?
The decedent's date of death, the date of the sale, any alienation or encumbrance of the property or proceeds by heirs or devisees, and any spousal dower or curtesy interest.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:92-1). 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: surplus moneys foreclosure salepartition sale proceeds debts