An action under N.J.S.A. 3B:27-6 to declare dead an absentee, whether a resident or nonresident of this State, may be brought by a spouse, any next of kin, creditor, executor, administrator, beneficiary under an insurance policy on the absentee’s life, or any other person interested in the estate. The complaint shall specify the facts as to the plaintiff’s interest.
Rule 4:93-1.Complaint
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:93-1 lets a spouse, next of kin, creditor, executor, administrator, life-insurance beneficiary, or other interested person bring an action to declare an absentee dead, with the complaint specifying the facts behind the plaintiff's interest.
Full Text of Rule 4:93-1
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. 4:111-1. Amended July 22, 1983 to be effective September 12, 1983; former R. 4:92-1 redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Declaring an absent person dead under N.J.S.A. 3B:27-6 isn't limited to close family. A spouse, any next of kin, a creditor, an executor or administrator, a beneficiary under a life insurance policy on the absentee, or any other person with an interest in the outcome can bring the action, whether the absentee was a resident or nonresident of New Jersey. The complaint has to spell out the specific facts establishing that plaintiff's interest.
Frequently Asked Questions
Who can bring an action to declare an absentee dead?
A spouse, next of kin, creditor, executor, administrator, life-insurance beneficiary, or any other person with an interest in the estate, regardless of whether the absentee was a New Jersey resident.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:93-1). 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: declare absentee deadpresumption of death action