Monday, December 1, 2008

3B:2-7. Issuance of subpenas by surrogate

3B:2-7. Issuance of subpenas by surrogate

A surrogate may issue process of subpoenas to any person within the State to appear and give evidence in any matter pending before the surrogates court.

3B:2-6. Oaths; affidavit; deposition or proof

3B:2-6. Oaths; affidavit; deposition or proof

Any oath, affidavit, deposition or proof required to be made or taken in any proceeding before a surrogate, his 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 person authorized by law to administer oaths. Qualification of executors and administrators and acceptances of trusteeships and guardianships may be taken as provided by the rules of the Supreme Court.

3B:2-5. Disputes or doubts in proceedings before the surrogate

3B:2-5. Disputes or doubts in proceedings before the surrogate

In the event of any dispute or doubt arising before the surrogate or in the surrogate's court, neither he nor the court shall take any further action therein, except in accordance with the order of the Superior Court.

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

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.

3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings

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 in any order, determination or judgment of the surrogate or the surrogate's court of 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.

3B:2-2. General authority of Superior Court as to probate matters

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.

3B:2-1. Jurisdiction of Superior Court not affected

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.