NJ Court Rule 4:91-1 Proceedings When Estate Is Insolvent
4:91-1. Proceedings When Estate Is Insolvent
RULE 4:91. INSOLVENT ESTATES
(a) Complaint; Order to Show Cause. At any time after nine months following the date of decedents death, the executor or administrator may commence an action in the Chancery Division, Probate Part, by a complaint stating that to the best of the executor or administrators knowledge and belief, the real and personal estate of the decedent is insufficient to pay debts. The action shall proceed by order to show cause, which shall require the executor or administrator to give notice of the proceedings to the persons specified by R. 4:91-2 and shall set the date by which answers to the complaint or exceptions pursuant to R. 4:91-3 must be filed.
(b) Report of Claims; Account. The executor or administrator shall file with the complaint a list of creditors who have presented claims within nine months following the date of decedents death, or which the executor or administrator intends to allow without requiring the submission of a formal claim, stating the amount of each claim, whether it has been allowed or rejected, whether it is entitled to a statutory priority, and whether the claim is based on judgment, bond, note, book account, or otherwise. The executor or administrator shall also file with the complaint an account in the form required by R. 4:87-3.
(c) Judgment. The court may, on the presentation of the report of claims and the presentation of the account, adjudge the estate to be insolvent and determine the amount of each claim and its priority for payment.
Note: Source – R.R. 4:110-1, 4:110-2(a)(b). Paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990; caption amended, paragraphs (a) and (b) caption and text amended, and paragraph (c) amended July 27, 20
4:91-2. Service on Creditors and Other Interested Persons of Insolvent Estate
Service of the complaint together with the report of claims and account and order to show cause on creditors who have presented claims within nine months of the decedents death and other interested persons shall be made in accordance with R. 4:87-4.
Note: Source – R.R. 4:110-3 (first, second and third sentences); amended June 29, 1990 to be effective September 4, 1990; caption and text amended July 27, 2006 to be effective September 1, 2006.
4:91-3. Exceptions to Account, Inventory and Claims; Determination
A creditor or other interested person may take exceptions to the account of the executor or administrator in respect of the personal estate and the inventory of the real estate. The executor or administrator, or any other interested person, may take exceptions to any creditors claim or part thereof. Such exceptions shall be served on or before the hearing in the action or within such time as the court on application allows. Any account and inventory not excepted to shall be allowed as true, and a claim not excepted to shall be deemed justly due. The court shall hear proofs on the exceptions and shall make such determination and final judgment with respect thereto as is just and lawful.
Note: Source-R.R. 4:110-4; amended June 29, 1990 to be effective September 4, 1990.
4:91-4. Excepted Claims; Plenary Action; Recovery
If a creditor to whose claim exception is made elects to proceed in a plenary civil action in preference to a determination by the court on the exception, he or she shall so proceed immediately. If an executor or administrator desires to have a claim determined in a plenary action, he or she shall, before filing the report, so notify the creditor who shall thereupon proceed to sue immediately. Such sum as the creditor recovers in such plenary action shall be the amount upon which a ratable portion shall be paid. The court in which the action is brought shall dispose thereof as quickly as possible.
Note: Source-R.R. 4:110-5; amended June 29, 1990 to be effective September 4, 1990.
4:91-5. Actions Pending May Proceed to Judgment
If an action by a creditor or other interested party is pending against the executor or administrator on the date of the filing of the complaint to adjudge the estate insolvent, the action may proceed to final judgment, but no execution shall issue until final judgment is entered in the insolvency proceeding. If the estate is adjudicated insolvent, the judgment creditor shall be entitled to receive the ratable portion determined by such final judgment.
Note: Source – R.R. 4:110-6; amended June 29, 1990 to be effective September 4, 1990; amended July 27, 2006 to be effective September 1, 2006.
Article of the Week
Meet with an experienced
Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office"
Attorneys are not permitted to provide legal advice by email.
Vercammen is the Managing Attorney at Kenneth Vercammen & Associates
in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial
portion of his professional time to the preparation and trial of litigated
matters. He has appeared in Courts throughout New Jersey each week for
litigation and contested Probate hearings.
Vercammen has published over 125 legal articles in national and New Jersey
publications on elder law, probate and litigation topics. He is a highly
regarded lecturer on litigation issues for the American Bar Association,
NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association.
His articles have been published in noted publications included New Jersey
Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.
is chair of the Elder Law Committee of the American Bar Association General
Practice Division. He is also Editor of the ABA Estate Planning Probate
Committee Newsletter and also the Criminal Law Committee newsletter. Mr.
Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. And
past Winner "General Practice Attorney of the Year" from the
NJ State Bar Association. He is a 22 year active member of the American
Bar Association. He is also a member of the ABA Real Property, Probate
& Trust Section.
established the NJlaws website which includes many articles on Elder Law.
Mr. Vercammen received his B.S., cum laude, from the University of Scranton
and his J.D. from Widener/Delaware Law School, where he was the Case Note
Editor of the Delaware Law Forum, a member of the Law Review and the winner
of the Delaware Trial Competition.
RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE
Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005,
2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/
NJ State Bar ICLE/NJSBA 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000,
Elder Law and Estate Planning- American Bar Association Miami 2007
Elder Law Practice, New Ethical Ideas to Improve Your Practice by Giving
Clients What They Want and Need American Bar Association Hawaii 2006
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors-
New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge
East Brunswick/ Halls Corner 2002;
Linden AARP 2002
Woodbridge Adult School -Wills and Estate Administration -2001, 2000,
1999, 1998, 1997, 1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/
Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison
2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston
Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/
Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005
Contact the Law Office
Kenneth Vercammen & Associates, P.C.
for an appointment.
Law Office cannot provide legal advice or answer legal questions over
the phone or by email. Please call the Law office and schedule a
confidential "in office" consultation. The Law Office
now accepts payment by American Express, Visa and Master Card.
This web site is purely a public
resource of general New Jersey information (intended, but not promised
or guaranteed to be correct, complete, or up-to-date). It is not intended
be a source of legal advice, do not rely on information at this site
or others in place of the advice of competent counsel. The Law Office
of Kenneth Vercammen complies with the New Jersey Rules of Professional
Conduct. This web site is not sponsored or associated with any particular
linked entity unless specifically stated. The existence of any
particular link is simply intended to imply potential interest to the
reader, inclusion of a link should not be construed as an endorsement.
Kenneth Vercammen handles
Wills, Last Will and Testament, probate contests, estate administration,
inheritance tax, executor, surrogate, Living Wills, estates, trusts,
undue influence, administrator, elder law, elderlaw, senior citizen,
eldercare, guardianship, trusts, estates, Avoid Probate, Personal
Injury, Deceased, Estate Planning, New Jersey Lawyer, New Jersey Attorney,
New Jersey Lawyers, New Jersey Law Firm, New Jersey Legal Service,
New Jersey New Jersey legal, New Jersey law, NJ Lawyer,
NJ Attorney, NJ Attorneys, NJ Lawyers, NJ Law Firm, Middlesex County,
Monmouth County, Mercer County, Somerset County, Union County, Ocean
County, Cranbury Police, East Brunswick, Edison, Highland Park, Jamesburg,
Old Bridge, Metuchen, Monroe, New Brunswick, North Brunswick, Perth
Amboy, Piscataway, Plainsboro, Sayreville, South Brunswick, South
Plainfield, Woodbridge, Superior Court, attorney,
Law Firm, 08817, 07095,08816, 08901, 08903
Copyright 2018. Kenneth Vercammen & Associates, P.C.