New Jersey Probate Form 10704

Order To Show Cause Summary Action

Everything you need to know about New Jersey Form 10704, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NJ probate forms.

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About Order To Show Cause Summary Action

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order To Show Cause Summary Action is a commonly used form within New Jersey. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Order To Show Cause Summary Action

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order To Show Cause Summary Action:

  • This form pertains to the State of New Jersey

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New Jersey’s Form 10704 - Order To Show Cause Summary Action up to date, certain details can change from time-to-time with little or no communication.

How to file Form 10704

Step 1 - Download the correct New Jersey form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New Jersey probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 10704, take a break, and then review. Probate and estate settlement processes in NJ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 10704 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 10704 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order To Show Cause Summary Action to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Order To Show Cause Summary Action is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New Jersey.

5 reasons you should submit 10704 as quickly as possible:

  1. The sooner you begin, the faster New Jersey can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New Jersey. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of New Jersey is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New Jersey probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New Jersey probate clerk or court for exact answers regarding Form 10704, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 10704 Online

Order To Show Cause Summary Action is one of the many probate court forms available for download through Atticus.

It may also be available through some New Jersey probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New Jersey.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 10704 - Order To Show Cause Summary Action f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New Jersey probate court office.

Order To Show Cause Summary Action is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New Jersey-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form 10704 - Order To Show Cause Summary Action is a probate form in New Jersey.

  • New Jersey has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in New Jersey.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in New Jersey, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Order To Show Cause Summary Action

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding

The Exact Text on Form 10704

Here’s the text, verbatim, that is found on New Jersey Form 10704 - Order To Show Cause Summary Action. You can use this to get an idea of the context of the form and what type of information is needed.

Revised 09/01/2019, CN 10704 page 1 of 2 OSC as Original Process – Summary Action Pursuant to R. 4:67-1(A) Family Part R. 5:4-3(b) Submitted with New Complaint Superior Court of New Jersey Division Part County , Docket Number Plaintiff(s) Civil Action Order to Show Cause Summary Action v. , Defendant(s) This matter being brought before to the court by , attorney for plaintiff, , seeking relief by way summary action pursuant to R. 4:67-1(a), based upon the facts set forth in the verified complaint filed herewith; and the court having determined that this matter may be commenced by order to show cause as a summary proceeding pursuant to and for good cause shown. It is on this day of , 20 , ORDERED that defendant(s), , appear and show cause on the day of , 20 , before the Superior Court at the County Courthouse in , New Jersey at o’clock in the noon or as soon thereafter as counsel can be heard, on why judgment should not be entered for: (set forth with specificity the return date relief that the plaintiff is seeking) A. B. C. D. Granting such other relief as the court deems equitable and just. And it is further ORDERED that: 1. A copy of this order to show cause, verified complaint and all supporting affidavits or certifications submitted in support of this application be served upon the defendant(s), personally, or within days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 2. The plaintiff must file with the court his/her/its proof of service of the pleadings on the defendant(s) no later than three (3) days before the return date. 3. Defendant(s) shall file and serve: (select one) a written answer, an answering affidavit or a motion returnable on the return date (or Family Part appearance or response) to this order to show cause and the relief requested in the verified complaint and proof of service of the same by . The (select one) answer, answering affidavit or a motion (or Family Part appearance, response) as the case may be, must be filed with the Clerk of the Superior Court in the county listed above and a copy of the papers must be sent directly to the chambers of Judge . Revised 09/01/2019, CN 10704 page 2 of 2 4. The plaintiff must file and serve any written reply to the defendant’s order to show cause opposition by . The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge . 5. If the defendant(s) do/does not file and serve opposition to this order to show cause, the application will be decided on the papers on the return date and relief may be granted by default, provided that the plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. 6. If the plaintiff has not already done so, a proposed form of order addressing the relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the court no later than three (3) days before the return date. 7. Defendant(s) take notice that the plaintiff has filed a (select one) lawsuit (or Family Part divorce action) against you in the Superior Court of New Jersey. The verified complaint attached to this order to show cause states the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a (select one) written answer, an answering affidavit or a motion returnable on the return date to the order to show cause (or Family Part appearance or response) and proof of service before the return date of the order to show cause. These documents must be filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and online at Include a $ filing fee payable to the “Treasurer State of New Jersey.” You must also send a copy of your (select one) answer, answering affidavit or motion (or Family Part appearance or response) to the plaintiff’s attorney whose name and address appear above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your (select one) answer, answering affidavit or motion (or Family Part appearance or response) with the fee or judgment may be entered against you by default. 8. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide Hotline at 1- 888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at 9. The Court will entertain argument, but not testimony, on the return date of the order to show cause, unless the court and parties are advised to the contrary no later than days before the return date. J.S.C.

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