RULE 4:95. MISCELLANEOUS ACTIONS
4:95-1. Order to Compel Production of Purported Will
A summary action pursuant to R. 4:83 for the discovery or production of any paper purporting to be the will of any decedent, which has not been offered for probate, may be instituted by any person in interest by filing a complaint alleging a belief that any person has the paper in his or her possession or has knowledge of its existence or whereabouts. Upon the return of the order to show cause, the court may order such person to appear before it and make discovery as to his or her possession or knowledge of the same, by the examination of such person and other witnesses, and may order any such person possessing any such paper to lodge the same with the court for probate. If the will is produced on or prior to the return date of the order to show cause and no objection is received, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate of the will unless a caveat thereto has been filed or doubt arises from the face of the will. If the will is not produced prior to or on the return date, the court may enter such order and take such further proceedings as deemed appropriate.
