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Rule 4:93-5.Letters issued

Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:93-5 lets an application follow the judgment declaring an absentee dead for letters of administration, probate of a will, or appointment of a testamentary guardian, the same as if the absentee had died in fact.

Full Text of Rule 4:93-5

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After entry of the judgment, an application may be brought for the issuance of letters of administration upon the estate of the absentee as in the case of a deceased person, or for the probate of the will, or for the appointment of a testamentary guardian.

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. 4:111-5; former R. 4:92-5; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.

Plain-English Summary

Once judgment declares the absentee dead, the estate moves forward the same way any decedent's estate would. Someone can then apply for letters of administration, for probate of the absentee's will, or for appointment of a testamentary guardian, treating the absentee's estate just as if the person had died in fact.

Frequently Asked Questions

What can happen after a court declares an absentee dead?

An application may follow for letters of administration, probate of the will, or appointment of a testamentary guardian, as in the case of an actual death.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:93-5). 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: letters after absentee death judgment