Rule Text
If only part of the real or personal estate of which the decedent died seized is to be sold, the judgment for sale shall specify the part to be sold.
Amendment history: Source-R.R. 4:109-6, 4:109-7, 4:109-8. Amended July 22, 1983 to be effective September 12, 1983; caption and text amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a deceased person's property needs to be sold to settle their estate, sometimes only part of that property needs to be sold, not all of it.
If that is the case, the court's order must clearly spell out exactly which part of the property is being sold. This prevents any confusion about what is included in the sale and protects the rest of the estate from being sold when it does not need to be.