RULE 4:85. Review By Superior Court Of Actions By Surrogate's Court: General Provisions

4:85-1. Complaint; Time for Filing

If a will has been probated by the Surrogate's Court or letters testamentary or of administration, guardianship or trusteeship have been issued, any person aggrieved by that action may, upon the filing of a complaint setting forth the basis for the relief sought, obtain an order requiring the personal representative, guardian or trustee to show cause why the probate should not be set aside or modified or the grant of letters of appointment vacated, provided, however, the complaint is filed within four months after probate or of the grant of letters of appointment, as the case may be, or if the aggrieved person resided outside this State at the time of the grant of probate or grant of letters, within six months thereafter. If relief, however, is sought based upon R. 4:50-1(d), (e) or (f) or R. 4:50-3 (fraud upon the court) the complaint shall be filed within a reasonable time under the circumstances. The complaint and order to show cause shall be served as provided by R. 4:67-3. Other persons in interest may, on their own motion, apply to intervene in the action.

Note: Source-R.R. 4:99-6(a) (b), 5:3-4(a) (b), 5:3-5(a). Former R. 4:80-7 deleted and new R. 4:85-1 adopted June 29, 1990 to be effective September 4, 1990.

4:85-2. Enlargement of Time

The time periods prescribed by R. 4:85-1 may be extended for a period not exceeding 30 days by order of the court upon a showing of good cause and the absence of prejudice.

Note: Source-R.R. 1:27B(d). Former R. 4:80-7(d) deleted and new R. 4:85-2 adopted June 29, 1990 to be effective September 4, 1990.

4:85-3. After-Discovered Will

Note: Source-R.R. 4:99-5; caption and text of former R. 4:80-6 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; first paragraph designated as (a) and paragraph (b) added June 28, 1996 to be effective September 1, 1996.