Qualifications of executors and administrators and acceptances of trusteeship and guardianship may be taken outside this State under oath by any person before whom depositions may be taken under R. 4:12-2 and R. 4:12-3, and when the qualifications of an executor or an administrator with the will annexed is taken outside this State, the will need not be annexed to the qualifications. Such qualifications and acceptances may be taken within this State before any person authorized by the laws of this State to administer oaths.
Rule 4:96-1.Qualifications; acceptances
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:96-1 lets an executor's or administrator's qualification, or a trustee's or guardian's acceptance, be taken out of state before anyone authorized to take depositions under R. 4:12-2 and R. 4:12-3 (without needing to annex the will for an administrator with the will annexed), or in state before anyone authorized to administer oaths.
Full Text of Rule 4:96-1
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. 4:115-2 former R. 4:97-2 redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Qualifying as an executor or administrator, or accepting a trusteeship or guardianship, doesn't require a trip to New Jersey. Out of state, that oath can be taken before anyone authorized to take depositions under R. 4:12-2 and R. 4:12-3, and an administrator with the will annexed doesn't even need to attach the will to that out-of-state qualification. Within New Jersey, the same oath can be taken before anyone the state's laws authorize to administer oaths.
Frequently Asked Questions
Can a fiduciary qualify or accept an appointment outside New Jersey?
Must the will be attached when an out-of-state administrator with the will annexed qualifies?
No, the will doesn't need to be annexed to that out-of-state qualification.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:96-1). 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: fiduciary qualificationacceptance of trusteeship out of statehow to qualify as executorexecutor's oathguardian's oath of office