A summary action pursuant to R. 4:83 for the discovery or production of any paper purporting to be the will of any decedent, which has not been offered for probate, may be instituted by any person in interest by filing a complaint alleging a belief that any person has the paper in his or her possession or has knowledge of its existence or whereabouts. Upon the return of the order to show cause, the court may order such person to appear before it and make discovery as to his possession or knowledge of the same, by the examination of such person and other witnesses, and may order any such person possessing any such paper to lodge the same with the court for probate. If the will is produced on or prior to the return date of the order to show cause and no objection is received, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate of the will unless a caveat thereto has been filed or doubt arises from the face of the will. If the will is not produced prior to or on the return date, the court may enter such order and take such further proceedings as deemed appropriate.
Rule 4:95-1.Order to compel production of purported will
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:95-1 lets any interested person bring a summary action under R. 4:83 to compel discovery or production of a purported will that hasn't been offered for probate, with the court able to examine the suspected holder and order production, and, once produced without objection, the Surrogate can proceed straight to probate.
Full Text of Rule 4:95-1
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. 4:114-2. Amended July 26, 1984 to be effective September 10, 1984; former R. 4:96-2; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
A will that's out there somewhere but hasn't surfaced for probate doesn't have to stay hidden. Any interested person can file a summary complaint under R. 4:83, alleging a belief that someone has the paper or knows where it is. On the order to show cause's return date, the court can examine that person and other witnesses about possession or knowledge, and order whoever has the paper to lodge it with the court for probate.
If the will surfaces by the return date and nobody objects, the Surrogate can order it lodged for probate and move forward, unless a caveat has been filed or something about the will itself raises doubt. If it doesn't surface by then, the court takes whatever further steps the situation calls for.
Frequently Asked Questions
Who can bring an action to compel production of a hidden will?
Any person in interest, by filing a complaint alleging a belief that someone possesses the will or knows of its existence or whereabouts.
What happens if the will is produced by the return date with no objection?
The Surrogate may order it lodged for probate and proceed with probate, unless a caveat has been filed or the will's face raises doubt.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:95-1). 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: compel production of willhidden will discovery