NJ · rules
N.J. Ct. R. 4:80-2
Proof of Will: Nonresident or Deceased Witnesses
(a) Depositions of Nonresident Witnesses. If any subscribing witness to a will of any person resident or nonresident in this State, at death resides or is out of the State, the Surrogate's Court may issue a commission with a photocopy of the will attached authorizing the taking of the deposition of the witness in the form of a witness-proof. The commission may be directed to any person before whom depositions may be taken under R. 4:12-2 and 4:12-3, or to the Surrogate or Deputy Surrogate of any county of this State, who shall take the proofs under oath and certify to the taking of the same.
(b) Deceased Witnesses. If all witnesses are deceased, the signature of each such witness may be proved by one person, and the same person may prove all signatures. Proof of death of the attesting witnesses may be made by affidavit without producing certified copies of death certificates.
History
Note: Source – R.R. 4:99-2, 5:4-2. Paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
fcf264c5c51bef929bf4d3b20a0a8f9a8197944d6ab571c915a9dbde13c9eecd
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