N.J. Stat. tit. 3B, ch. 2

in effect

N.J. Stat. § 3B:2-1 Jurisdiction of Superior Court not affected

The provisions of this title are not intended and shall not be so construed as in any way to affect, impair or limit the original general jurisdiction of the Superior Court given to it by the Constitution. L.1981, c. 405, s. 3B:2-1, eff. May 1, 1982.

N.J. Stat. § 3B:2-2 General authority of Superior Court as to probate matters

The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title. L.1981, c. 405, s. 3B:2-2, eff. May 1, 1982.

N.J. Stat. § 3B:2-3 Jurisdiction of Superior Court over surrogate's proceedings

The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review any order, determination or judgment of the surrogate or the surrogate's court of a county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county. L.1981, c. 405, s. 3B:2-3, eff. May 1, 1982.

N.J. Stat. § 3B:2-4 Proceedings in Superior Court on order to show cause

The Superior Court, in any proceeding by or against fiduciaries or other persons, may proceed in a summary manner. L.1981, c. 405, s. 3B:2-4, eff. May 1, 1982.

N.J. Stat. § 3B:2-5 Disputes or doubts in proceedings before the surrogate.

3B:2-5. In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither the surrogate nor the court shall take any further action therein, except in accordance with the order of the Superior Court. L.1981, c.405, s.3B:2-5, eff. May 1, 1982; amended 2004, c.132, s.4.

N.J. Stat. § 3B:2-6 Oath; affidavit; deposition or proof.

3B:2-6. Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, the surrogate's court or in the Superior Court, or necessary or proper to be used before the surrogate or the court, may be made and taken before the surrogate or before any individual authorized by law to administer oaths. Qualifications of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court. L.1981, c.405, s.3B:2-6, eff. May 1, 1982; amended 2004, c.132, s.5.

N.J. Stat. § 3B:2-7 Issuance of subpoenas by surrogate.

3B:2-7. A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogate's court. L.1981, c.405, s.3B:2-7, eff. May 1, 1982; amended 2004, c.132, s.6.

N.J. Stat. § 3B:2-8 Penalty for failure to obey subpoena.

3B:2-8. Any person subpoenaed as a witness by a surrogate, who does not appear pursuant thereto, or appearing refuses to be sworn or give evidence, without reasonable cause assigned, shall, for every such default or refusal, be subject to a fine of not more than $50.00, as the surrogate's court issuing the subpoena shall by judgment determine proper to impose. The fine, when collected, shall be paid to the county. In default of the payment of a fine so imposed, the surrogate's court by its judgment may commit the witness to the county jail of the county until it is paid or he is sooner discharged. The judgment of the surrogate's court imposing a fine or committing a witness to jail shall be reviewable by the Superior Court in the same manner as other judgments of the court are reviewed. L.1981, c.405, s.3B:2-8. eff. May 1, 1982; amended 2004, c.132, s.7.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026