Posted on February 6, 2007 by Barry A. Knopf, Esq.

Method of Proceeding (Rules again)

Rule 4:83 provides that all action within the Probate Part of the Chancery Division shall be brought pursuant to Rule 4:67 in a summary manner by the filing of a complaint and issuance of an order to show cause.  The Surrogate may fix the return date of the order to show cause before the Chancery Judge with service of the papers being made in conformity of the rule (Rule 4:83-1)

The papers shall be titled "In the Matter of the Estate of_____, Deceased" (Rule 4:83-3) and filed in the same county where the appropriate Surrogate is located.  Furthermore, all complaints must be verified (signed under oath that the allegations are true).

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