Rule 4:87-4. Service

4:87-4. Service

 a) Process shall be the order to show cause. If the names and addresses of all parties

interested in the account are known, the order to show cause together with a copy of the

complaint, both certified by plaintiff's attorney to be true copies, shall be mailed by

registered or certified mail, return receipt requested, as follows: to all such persons who

reside in the State at least 20 days prior to the return date; to all such persons who

reside outside this State but within a state of the United States or the District of

Columbia, at least 30 days prior to the return date; and to all such persons who reside

outside the United States at least 60 days prior to the return date. If any person

interested is a minor or mentally incapacitated person and except as otherwise provided

by R. 4:26-3 (virtual representation), service shall be made on the person or persons

upon whom a summons would have to be served pursuant to R. 4:4-4(a)(2) and (3)

unless a guardian ad litem is required under R. 4:26-2. A surety on the fiduciary's bond

shall be deemed an interested person. Upon the request of any interested party a copy of

the account shall be furnished by the fiduciary prior to the date of hearing.

 (b) If the names or addresses of any persons interested in the account are unknown,

notice of the accounting shall be given to the Attorney General at least 45 days prior to

the return date, and plaintiff shall file an affidavit of inquiry as to such names or

addresses made in accordance with R. 4:4-5(b). The court may then enter such order for

service of process as it deems proper including publication of a notice of the proceedings

in accordance with R. 4:4-5(a)(3) at least 30 days before the return date.

 (c) Proof of mailing, and of publication where ordered, shall be filed before the account is

allowed.

Note: Source-R.R. 4:106-3. Former R. 4:87-3 deleted and new R. 4:87-4 adopted June 29, 1990 to be effective

September 4, 1990; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)

amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 12, 2002 to be effective

September 3, 2002; paragraph (b) amended July 23, 2010 to be effective September 1, 2010.