Upon presentation of the complaint and affidavit to the court, it may in its discretion require proof by way of oral testimony or additional affidavits in support of the statements therein. If from the complaint, affidavits and oral proofs, if any, the court is satisfied that the best interests of the ward would thereby be substantially promoted and the rights of other persons interested in the property would not be harmed, it may order the guardian or guardian ad litem to sell or otherwise dispose of the property, or such part thereof, as it deems proper. The order may fix the terms and conditions of the sale or other disposition, and may establish a price below which the property shall not be sold.
Rule 4:94-3.Order to sell
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:94-3 lets the court demand additional proof before ordering a sale, and, once satisfied the sale substantially serves the ward's best interests without harming others' rights, lets it order the guardian to sell on whatever terms, conditions, and minimum price it sets.
Full Text of Rule 4:94-3
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. 4:84-2 (first, second, third sentences). Amended July 7, 1971 to be effective September 13, 1971; amended July 14, 1972 to be effective September 5, 1972; amended July 22, 1983 to be effective September 12, 1983; former R. 4:66-3; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
The court doesn't have to take the complaint and affidavits at face value — it can demand oral testimony or more affidavits before deciding. Once satisfied that selling or otherwise disposing of the property would substantially serve the ward's best interests without harming anyone else's rights, the court can order the guardian or guardian ad litem to sell all or part of it, setting whatever terms, conditions, and minimum price it thinks appropriate.
Frequently Asked Questions
What must the court find before ordering a sale of a ward's property?
That the sale would substantially promote the ward's best interests without harming the rights of other interested persons.
Can the court set a minimum price for the sale?
Yes, the order may establish a price below which the property may not be sold.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:94-3). 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: order to sell ward's property