4:92-2. Statement of Assets and Liabilities
Except as otherwise provided by R. 4:26-3 (virtual representation), the notice of motion shall be directed to all persons who may be entitled to the money, or any part thereof, if the money is not required for the payment of debts. With the motion and supporting affidavit there shall be served an account of the personal estate that has come into the hands or the knowledge of the personal representative; the debts, expenses and other items paid or for which allowance is claimed; the amount on hand; the debts claimed to be due from the decedent; and the debts disput
Wednesday, September 2, 2009
RULE 4:92. PROCEEDINGS TO APPLY TOWARD DECEDENT'S DEBTS MONEYS RECEIVED ON FORECLOSURE AND PARTITION SALES 4:92-1. Motion
RULE 4:92. PROCEEDINGS TO APPLY TOWARD DECEDENT'S DEBTS MONEYS RECEIVED ON FORECLOSURE AND PARTITION SALES
4:92-1. Motion
A notice of motion supported by affidavit of an executor or administrator made for leave to apply to the payment of the decedent's debts the surplus moneys on a foreclosure sale or the moneys received on the sale of real estate sold in an action for partition shall be captioned in the action in which the moneys arose. The motion and supporting affidavit shall state:
(a) the date of the decedent's death;
(b) the date of the sale under which the moneys were or will be received;
(c) whether any of the heirs or devisees have alienated or encumbered their estate in the lands sold, in whole or in part, or their interest in the proceeds of the sale thereof; and when, and what part and to whom; and
(d) whether any spouse has a right or estate of dower or curtesy in the money, or any part thereof.
4:92-1. Motion
A notice of motion supported by affidavit of an executor or administrator made for leave to apply to the payment of the decedent's debts the surplus moneys on a foreclosure sale or the moneys received on the sale of real estate sold in an action for partition shall be captioned in the action in which the moneys arose. The motion and supporting affidavit shall state:
(a) the date of the decedent's death;
(b) the date of the sale under which the moneys were or will be received;
(c) whether any of the heirs or devisees have alienated or encumbered their estate in the lands sold, in whole or in part, or their interest in the proceeds of the sale thereof; and when, and what part and to whom; and
(d) whether any spouse has a right or estate of dower or curtesy in the money, or any part thereof.
4:91-5. Actions Pending May Proceed to Judgment
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.
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.
4:91-4. Excepted Claims; Plenary Action; Recovery
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.
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.
4:91-3. Exceptions to Account, Inventory and Claims; Determination
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 creditor's 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.
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 creditor's 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.
4:91-2. Service on Creditors and Other Interested Persons of Insolvent Estate
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 decedent's death and other interested persons shall be made in accordance with R. 4:87-4.
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 decedent's death and other interested persons shall be made in accordance with R. 4:87-4.
RULE 4:91. INSOLVENT ESTATES 4:91-1. Proceedings When Estate Is Insolvent
RULE 4:91. INSOLVENT ESTATES
4:91-1. Proceedings When Estate Is Insolvent
(a) Complaint; Order to Show Cause. At any time after nine months following the date of decedent's 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 administrator's 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 decedent's 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.
4:91-1. Proceedings When Estate Is Insolvent
(a) Complaint; Order to Show Cause. At any time after nine months following the date of decedent's 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 administrator's 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 decedent's 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.
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