The order to show cause shall be directed to all persons in interest, including (a) the persons who would have an interest, as executor or beneficiary under a will or the absentee, or as heir, next of kin or spouse of the absentee or otherwise, in any real or personal property by reason of the death of the absentee, testate or intestate; (b) the carrier and beneficiaries of any insurance known to the plaintiff which is payable on the death of the absentee; (c) those persons entitled, in a fiduciary or beneficial capacity, to any interest known to the plaintiff, which interest expires or is contingent upon the death of the absentee; and (d) such other persons as the court directs.
Rule 4:93-3.Parties defendant
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:93-3 directs the order to show cause in an absentee-death action to every person in interest -- prospective heirs, will beneficiaries and executors, known insurance carriers and beneficiaries, anyone whose fiduciary or beneficial interest turns on the absentee's death, and anyone else the court adds.
Full Text of Rule 4:93-3
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. 4:111-3; former R. 4:92-3 redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
An absentee-death proceeding casts a wide net for notice. The order to show cause reaches anyone who'd gain an interest in property because of the absentee's death, whether as an executor or beneficiary under a will or as an heir, next of kin, or spouse under intestacy; the carrier and beneficiaries of any life insurance on the absentee that the plaintiff knows about; anyone holding a fiduciary or beneficial interest, known to the plaintiff, that expires or vests depending on the absentee's death; and whoever else the court decides should be included.
Frequently Asked Questions
Who must be named or notified in an absentee-death proceeding?
Prospective heirs and will beneficiaries or executors, known insurance carriers and beneficiaries, anyone whose known fiduciary or beneficial interest depends on the absentee's death, and any other person the court directs.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:93-3). 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: parties absentee death action