Order To Show Cause With Temporary Restraints Pursuant To Rule 4:52

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 With Temporary Restraints Pursuant To Rule 4:52 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 With Temporary Restraints Pursuant To Rule 4:52

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order To Show Cause With Temporary Restraints Pursuant To Rule 4:52:

• 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 10308 - Order To Show Cause With Temporary Restraints Pursuant To Rule 4:52 up to date, certain details can change from time-to-time with little or no communication.

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 10308, 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 10308 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 10308 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 With Temporary Restraints Pursuant To Rule 4:52 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.

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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 10308 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 10308, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order To Show Cause With Temporary Restraints Pursuant To Rule 4:52 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 10308 - Order To Show Cause With Temporary Restraints Pursuant To Rule 4:52 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 With Temporary Restraints Pursuant To Rule 4:52 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.

Here’s the text, verbatim, that is found on New Jersey Form 10308 - Order To Show Cause With Temporary Restraints Pursuant To Rule 4:52. 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 10308 page 1 of 3 OSC as Original Process – Submitted with New Complaint Preliminary Injunctive Relief and Temporary Restraining Order Pursuant to Rule 4:52 Superior Court of New Jersey Division Part County , Docket Number Plaintiff(s) Civil Action Order to Show Cause With Temporary Restraints Pursuant to Rule 4:52 v. , Defendant(s) This matter being brought before to the court by , attorney for plaintiff, , seeking relief by way of temporary restraints pursuant to R. 4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that the defendant has notice of this application, or defendant consent’s to plaintiff’s application, or immediate and irreparable damage will probably result before notice can be given and a hearing held, and for good cause shown. It is on this day of , 20 , ORDERED that defendant, , appear and show cause 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 the day of , 20 why an order should not be issued preliminarily enjoining and restraining defendant, , from: (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 pending the return date herein, the defendant is [temporarily] enjoined and restrained from: (set forth with specificity the temporary restraints that the plaintiff is seeking) A. B. C. Revised 09/01/2019, CN 10308 page 2 of 3 And it is further ORDERED that: 1. The defendant may move to dissolve or modify the temporary restraints herein contained on two (2) days’ notice to the . 2. A copy of this order to show cause, verified complaint, legal memorandum and any supporting affidavits or certifications submitted in support of this application be served upon the defendant personally, or within days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 3. The plaintiff must file with the court his/her/its proof of service of the pleadings on the defendant no later than three (3) days before the return date. 4. Defendant shall file and serve a written response to this order to show cause and the request for entry of injunctive relief and proof of service by . The original 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 njcourts.gov/forms/10153_deptyclerklawref.pdf. You must send a copy of your opposition papers directly to Judge , whose address is , New Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney whose name and address appears above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file your opposition and pay the required fee of $ and serve your opposition on your adversary, if you want the court to hear your opposition to the injunctive relief the plaintiff is seeking. 5. 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 . 6. If the defendant 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. 7. 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. 8. Defendant take notice that the plaintiff has filed a lawsuit 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 written answer to the complaint and proof of service within 35 days from the date of service of this order to show cause; not counting the day you received it. Revised 09/01/2019, CN 10308 page 3 of 3 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 njcourts.gov/forms/10153_deptyclerklawref.pdf. Include a $ filing fee payable to the “Treasurer State of New Jersey.” You must also send a copy of your Answer 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 Answer (with the fee) or judgment may be entered against you by default. Please note: Opposition to the order to show cause is not an Answer and you must file both. Please note further: if you do not file and serve an Answer within 35 days of this Order, the Court may enter a default against you for the relief plaintiff demands. 9. 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 njcourts.gov/forms/10153_deptyclerklawref.pdf. 10. 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.