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Rule 4:95-2.Summary action by fiduciary for instructions

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

In one sentenceRule 4:95-2 lets an executor, administrator, guardian, or trustee bring a summary action under R. 4:83 for instructions on exercising statutory powers or for advice and direction on making estate distributions.

Full Text of Rule 4:95-2

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A summary action pursuant to R. 4:83 may be brought by executors, administrators, guardians or trustees for instructions as to the exercise of any of their statutory powers as well as for advice and directions in making distributions from the estate.

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. 4:114-3. Caption and text amended July 22, 1983 to be effective September 12, 1983; former R. 4:96-3; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.

Plain-English Summary

A fiduciary unsure how to proceed doesn't have to guess. Executors, administrators, guardians, and trustees can all bring a summary action under R. 4:83 asking the court for instructions on exercising their statutory powers, or for advice and direction on how to distribute the estate.

Frequently Asked Questions

Who can seek court instructions on exercising fiduciary powers?

Executors, administrators, guardians, and trustees, by a summary action under R. 4:83.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:95-2). 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: fiduciary instructionsadvice and direction estate distribution