RULE 4:87. Actions For The Settlement Of Accounts
4:87-1. Procedure
a) Actions to settle the accounts of executors, administrators, testamentary trustees,
non-testamentary trustees, guardians and assignees for the benefit of creditors shall be
brought in the county where such fiduciaries received their appointment. The action shall
be commenced by the filing of a complaint in the Superior Court, Chancery Division, and
upon issuance of an order to show cause pursuant to R. 4:83. A non-testamentary
trustee shall annex to the complaint a copy of the written instrument creating the trust
and stating its terms. The order to show cause shall state the amount of commissions
and attorney's fee, if any, which are applied for.
(b) An action may be commenced by an interested person to compel a fiduciary referred
to in paragraph (a) of this rule to settle his or her account, and, in appropriate
circumstances, to file an inventory and appraisement.
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