(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.
Rule 4:80-2.Proof of will: nonresident or deceased witnesses
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:80-2 lets the Surrogate's Court take a nonresident subscribing witness's proof by deposition commission, and lets one person prove both witnesses' signatures by affidavit when both are deceased, without needing certified death certificates.
Full Text of Rule 4:80-2
(b) Deceased Witnesses. If both witnesses are deceased, the signature of each such witness may be proved by one person, and the same person may prove both signatures. Proof of death of the attesting witnesses may be made by affidavit without producing certified copies of death certificates.
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. 4:99-2, 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.
Plain-English Summary
Proving a will doesn't stall just because a witness has moved away or died. If a subscribing witness lives out of state, the Surrogate's Court can commission a deposition — with a copy of the will attached — taken by any authorized deposition officer or by a Surrogate or Deputy Surrogate anywhere in the state.
If both witnesses have died, one person can prove both signatures at once, and death itself can be shown by affidavit rather than certified death certificates.
Frequently Asked Questions
How is a will proved if a subscribing witness lives out of state?
The Surrogate's Court may issue a commission authorizing that witness's deposition, with a copy of the will attached.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:80-2). 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: proof of will nonresident witnessdeceased witness will proof