The action may be brought in a summary manner in accordance with R. 4:83 on an order to show cause returnable not less than 30 days nor more than three months from the date of the order why judgment should not be entered declaring such person to be dead. Notice of the order shall be published once in a newspaper of general circulation in the county where the absentee was last domiciled and shall be served by mail or otherwise as the court directs.
Rule 4:93-2.Declaration of death
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:93-2 has an absentee-death action proceed summarily under R. 4:83 on an order to show cause returnable between 30 days and three months out, with notice published once in the county of the absentee's last domicile and served by mail or as the court otherwise directs.
Full Text of Rule 4:93-2
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. 4:111-2. Amended July 7, 1971 to be effective September 13, 1971; former R. 4:92-2; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Declaring someone dead moves on the summary track R. 4:83 sets, through an order to show cause with a return date at least 30 days but no more than three months away. Notice of that order runs once in a newspaper of general circulation in the county where the absentee was last domiciled, and gets served by mail or however else the court directs.
Frequently Asked Questions
How far out must the return date be on the order to show cause in an absentee-death action?
Not less than 30 days nor more than three months from the date of the order.
Where must notice of the proceeding be published?
In a newspaper of general circulation in the county where the absentee was last domiciled.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:93-2). 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: order to show cause absentee death