New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 6-28

In an action for the appointment of a guardian of the person, guardian of the estate, or a guardian of the person and estate of a minor, the surrogate's court of the county wherein he resides or, if he is a nonresident, wherein his real or personal estate may be, or the Superior Court, upon inquiry into the circumstances, may appoint the parents or either of them or the survivor of them as the guardian of the person, guardian of the estate or guardian of the person and estate of the minor. If neither of said parents or the survivor of them will accept such guardianship, then the heirs, or some of them, may be appointed as such guardian. If none of said heirs will accept such guardianship, then some other proper person shall be appointed as the guardian of the person, guardian of the estate or as guardian of the person and estate of said minor. This section shall not be construed to restrict the power of the court to appoint a substitute guardian on the application of the minor or otherwise.