New Jersey Statutes
N.J. Stat. § 2A:31-2 (2026)
Persons entitled to sue or make claim
✓ current as of May 2026
2A:31-2. a. Every action commenced under this chapter shall be brought in the name of an administrator ad prosequendum or administrator of the decedent for whose death damages are sought, except where decedent dies testate and his will is probated, in which event the executor named in the will and qualifying, or the administrator with the will annexed, as the case may be, shall bring the action.
b. In the case of a plaintiff who is qualified for appointment as administrator ad prosequendum, executor, or administrator with the will annexed, as the case may be, but who was not yet appointed as such at the time the plaintiff commenced an action under this chapter, the court may allow the plaintiff to be designated administrator ad prosequendum, executor, or administrator with the will annexed, as the case may be, and to allow the plaintiff to amend pleadings nunc pro tunc relating back to the plaintiff's first filed pleading to reflect the designation.
Notes of Decisions
Cited in 23
cases (12 in the last 5 years), 1960–2025 · leading case: Endl v. New Jersey, 5 F. Supp. 3d 689 (D.N.J. 2014).
Endl v. New Jersey, 5 F. Supp. 3d 689 (D.N.J. 2014). “N.J.S.A. 2A:31-2. An action under either statute must be commenced within two years after the death of the decedent.”
Meehan v. Cent. R.R. Co. of New Jersey, 181 F. Supp. 594 (S.D.N.Y. 1960). “N.J.S.A. 2A:31-2. After the verdict the plaintiff moved for the court to add interest at the rate of 6% on the verdict of $315,000 from September 15, 1958 to November 12,.”
Capone v. Nadig, 963 F. Supp. 409 (D.N.J. 1997). “Indeed, N.J.S.A. § 2A:31-2 explicitly provides that an action for wrongful death “shall be brought in the name of an administrator ad prosequendum of the decedent for whose death damages are sought.”
Melody Faith Mazur, Etc. v. Crane's Mill Nursing Home, 117 A.3d 181 (N.J. Super. Ct. App. Div. 2015). “2A:15-3, N.J.S.A. 2A:31-2, and properly identify the defendants.”
Luther W. Borror, Adm'r of the Est. of Bonita Ann Curtician, Deceased v. Sharon Steel Co., a Corp., 327 F.2d 165 (3rd Cir. 1964). “N.J.S.A. 2A:31-2 provides “Every action commenced under this chapter shall be brought in the name of an administrator ad prosequendum of the decedent for whose death damages are sought, except where decedent dies testate and his will is probated, in which event the executor…”
La Rossa v. Sci. Design Co., 402 F.2d 937 (3rd Cir. 1968). “N.J.S.A. 2A:31-2. . This responsibility was not expressly stated in the contract but was explicitly acknowledged in the Manual of Operating Instructions supplied by Scientific Design.”
McLaughlin v. Dredge Gloucester, 230 F. Supp. 623 (D.N.J. 1964). “th of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not…”
Jacobson v. Atl. City Hosp., 259 F. Supp. 836 (D.N.J. 1966). “N.J.S.A. 2A:31-2. . N.J.S.A. 2A:31-1. “When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been…”
La Rossa v. Sci. Design Co., 402 F.2d 937 (3rd Cir. 1968). “N.J.S.A. 2A:31-2 2 This responsibility was not expressly stated in the contract but was explicitly acknowledged in the Manual of Operating Instructions supplied by Scientific Design.”
Wagner v. City of Newark (D.N.J. 2025). “§§ 2A:31- 1, -5); N.J. Stat. Ann. § 2A:31-2(a). A plaintiff “who is qualified for appointment as administrator ad prosequendum .”
Snider v. Am. Forest Prods., LLC (D.N.J. 2023). “” See N.J.S.A. 2A:31-2(a). However, “[p]roceeds of a recovery under the Wrongful Death Act are not part of the decedent’s estate.”
Mohamad Khodair, Etc. v. Llanfair House Care & Rehab. Ctr. (N.J. Super. Ct. App. Div. 2025). “N.J.S.A. 2A:31-2, a provision of the WDA, was amended, effective January 18, 2022, as follows, with the added provisions underlined: a.”
— N.J. Stat. § 2A:31-2(a) — 6 cases
Snider v. Am. Forest Prods., LLC (D.N.J. 2023). “” See N.J.S.A. 2A:31-2(a). However, “[p]roceeds of a recovery under the Wrongful Death Act are not part of the decedent’s estate.”
Wagner v. City of Newark (D.N.J. 2025). “§§ 2A:31- 1, -5); N.J. Stat. Ann. § 2A:31-2(a). A plaintiff “who is qualified for appointment as administrator ad prosequendum .”
Kathleen Devito v. Dr. Waqas Rehman (l-0284-20, Hunterdon Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).
Shenise Monk v. Kennedy Univ. Hosp. (l-3527-20, Camden Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2022).
In Re: Marquette Transp. Co. Offshore, LLC (E.D. La. 2024).
— N.J. Stat. § 2A:31-2(b) — 1 case
Wagner v. City of Newark (D.N.J. 2025). “§§ 2A:31- 1, -5); N.J. Stat. Ann. § 2A:31-2(a). A plaintiff “who is qualified for appointment as administrator ad prosequendum .”
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