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Rule 4:95-4.Certificate as to further security; death act, etc

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

In one sentenceRule 4:95-4 requires an administrator, before receiving a wrongful-death or survival-action payment, to give the person paying a Surrogate's certificate stating the payment amount and confirming the administrator has posted adequate security.

Full Text of Rule 4:95-4

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When a payment is to be made to an administrator for damages due under N.J.S.A. 2A:31-1 to 6, inclusive (death by wrongful act) or for damages sustained by the decedent prior to death, the administrator shall, prior to receiving payment, furnish to the person liable a certificate of the Surrogate setting forth the amount of the payment and certifying that the administrator has furnished adequate security in accordance with the statute.

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. 4:114-5; former R. 4:96-5; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.

Plain-English Summary

Before an administrator can collect a wrongful-death payment, or damages the decedent suffered before dying, the person who owes that money needs assurance the estate is properly secured. The administrator has to furnish a certificate from the Surrogate first, stating the amount to be paid and certifying that adequate security has been posted as the wrongful-death statute requires.

Frequently Asked Questions

What must an administrator provide before collecting a wrongful-death payment?

A Surrogate's certificate stating the payment amount and certifying that the administrator has furnished adequate security under the statute.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:95-4). 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: wrongful death payment certificate