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Rule 4:92-2.Statement of assets and liabilities

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

In one sentenceRule 4:92-2 requires notice of the motion to go to everyone who might be entitled to the money if it isn't needed for debts (subject to R. 4:26-3's virtual representation rule), served with an account covering the personal estate, the debts and expenses paid or claimed, the balance on hand, and any debts claimed or disputed.

Full Text of Rule 4:92-2

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Except as otherwise provided by R. 4:26-3 (virtual representation), the notice of motion shall be directed to all persons who may be entitled to the money, or any part thereof, if the money is not required for the payment of debts. With the motion and supporting affidavit there shall be served an account of the personal estate that has come into the hands or the knowledge of the personal representative; the debts, expenses and other items paid or for which allowance is claimed; the amount on hand; the debts claimed to be due from the decedent; and the debts disputed.

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. 4:104-2; caption and text of former R. 4:85-2; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.

Plain-English Summary

Anyone who might share in the money, if it turns out not to be needed for debts, gets notice of the motion — except where R. 4:26-3's virtual representation rule lets someone else stand in for them. That notice comes with an account laying out the personal estate that's come into the personal representative's hands or knowledge, the debts, expenses, and other items paid or claimed as allowances, the balance currently on hand, and both the debts claimed to be due and any that are disputed.

Frequently Asked Questions

Who must receive notice of a motion to apply sale proceeds to a decedent's debts?

Everyone who might be entitled to the money if it isn't needed for debts, unless R. 4:26-3's virtual representation rule applies.

What must the account served with the motion cover?

The personal estate that has come into the personal representative's hands or knowledge, debts and expenses paid or claimed, the balance on hand, and debts claimed or disputed.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:92-2). 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: notice of motion surplus moneys