Rule 4:94-4.Bond

Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:94-4 routes sale proceeds to the bonded guardian rather than a guardian ad litem who conducted the sale, requires the court to check the sufficiency of any existing bond before confirming a sale and demand more security if it's lacking, and requires an out-of-state appointing court's certificate of bond before confirmation for a nonresident's guardian.

Full Text of Rule 4:94-4

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If sale or other disposition is made by a guardian ad litem, the proceeds thereof shall not be paid to him or her, but to the guardian who has filed a bond in an adequate amount. The court on directing the sale or other disposition of property shall examine the sufficiency of the bond previously given by the general guardian or the special guardian for real or personal property within this State of the nonresident minor or mentally incapacitated person, and if in the court’s judgment the same is insufficient, or if no bond has been previously given, the court shall require the guardian or special guardian to give an additional bond approved by it before the confirmation of the sale, or as it directs. If the guardian or special guardian was appointed by a court other than the Superior Court of New Jersey, then before the confirmation there shall be presented a certificate of such appointing court, certifying that a good and sufficient bond, of a stated amount, has been filed with it.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:84-2 (fourth sentence), 4:84-3; former R. 4:66-4; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

When a guardian ad litem carries out the sale, the money doesn't go to that guardian ad litem — it goes to the guardian who has posted an adequate bond. Before confirming any sale, the court checks whether the bond already given by the general or special guardian for the nonresident minor's or incapacitated person's in-state property is sufficient, and if it isn't (or none was given), the court requires an additional, court-approved bond before confirmation.

If a court outside New Jersey appointed the guardian or special guardian, confirmation also needs a certificate from that appointing court, confirming a good and sufficient bond of a stated amount has been filed with it.

Frequently Asked Questions

Who receives the proceeds when a guardian ad litem conducts the sale?

The guardian who has filed an adequate bond, not the guardian ad litem.

What must happen if a nonresident's guardian was appointed by an out-of-state court?

Before confirmation, that appointing court's certificate confirming a good and sufficient bond of a stated amount must be presented.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:94-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: bond ward's property sale