Rule 4:94-2.Complaint; supporting affidavits; notice

Last amended September 1, 2004 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:94-2 requires a complaint to sell a ward's property to describe the ward, the property, and the reasons the sale serves the ward's best interests, backed by a verified complaint and at least two appraisal affidavits (from a certified or licensed appraiser for New Jersey real estate), with notice to the ward dispensed with unless the court orders otherwise.

Full Text of Rule 4:94-2

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The complaint shall state the age and residence of the ward, a description of the property proposed to be sold or otherwise disposed of, a statement of the encumbrances, if any, thereon, and the reasons why the sale or other disposition would be in the ward’s best interests. The complaint shall be verified by affidavit made pursuant to R. 1:6-6 and have annexed thereto affidavits of at least two persons, stating the situation, assessed value, if any, and fair market value of the property proposed to be sold or otherwise disposed of, and if real estate, of each separate lot or parcel. If the property is real estate located in New Jersey, the affidavits shall be made by a certified real estate appraiser or licensed real estate appraiser as defined by N.J.S.A. 45:14F-5 and -6, respectively, and required by N.J.S.A. 45:14F-21(c). If the real estate is located outside this state, the affidavits shall be made by a real estate appraiser certified or licensed by the jurisdiction in which the property is located if that jurisdiction has a certification or licensing requirement. If the minor or mentally incapacitated person owns a fractional portion of real estate having a value not in excess of $10,000 as shown by one affidavit, the court may dispense with the requirement of a second affidavit as to value. Unless the court otherwise orders, no notice of the action need be given to the ward.

End

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. 4:84-1 (second and third sentences); former R. 4:66-2; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002; amended July 28, 2004 to be effective September 1, 2004.

Plain-English Summary

A complaint to sell a ward's property has to make the case in detail: the ward's age and residence, a description of the property, any encumbrances on it, and why the sale or other disposition serves the ward's best interests. It has to be verified by affidavit, and at least two people have to separately swear to the property's situation, assessed value, and fair market value — lot by lot, if it's real estate broken into separate parcels. New Jersey real estate needs affidavits from an appraiser certified or licensed under the state's appraiser-licensing statute; real estate elsewhere needs an appraiser certified or licensed under that jurisdiction's own requirement, if one exists.

The rule allows a couple of shortcuts: if the ward's fractional share of real estate is worth no more than $10,000 according to one affidavit, the court can waive the second value affidavit, and unless the court says otherwise, the ward doesn't need to be given notice of the action at all.

Frequently Asked Questions

How many appraisal affidavits must support a complaint to sell a ward's property?

At least two, from people who separately attest to the property's situation, assessed value, and fair market value, though the court can dispense with the second if a fractional real-estate interest is worth $10,000 or less.

Must the ward be given notice of the action?

Not unless the court orders otherwise.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:94-2). 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: complaint to sell ward's propertyappraisal affidavit ward's property