Title LVI, Probate Courts and Decedents' Estates

Every resident trustee who removes from the state or who goes out of the state with the intention of being absent more than a year, and every resident of another state who is appointed trustee within this state, shall forthwith appoint some person residing in this state as his ag…

Any trustee appointed by the judge shall demand and receive of the original trustee all such estate as may have come to his hands by virtue of the trust, and shall manage, pay, and deliver over such property, or the income thereof, in the same manner and under the same obligation…

The judge, on application of a trustee or of any person interested, may, after notice to all persons interested, authorize and require the trustee to sell any property holden in trust, and to invest the proceeds of the sale in such manner as will be most for the interest of all p…

When the purposes for which any trust was created have been performed, the judge may, by license and decree, authorize the trustee to transfer, by suitable deed or conveyance, any property remaining in his hands to such person as shall be entitled thereto.

The judge, upon petition of a trustee, may authorize a mortgage or a lease of the trust property, as provided in the case of guardians by RSA 462.

When a trust estate is seized of an undivided fractional part of real estate the judge, upon petition of the trustee, notice and hearing, may authorize the trustee to purchase any other undivided fractional part of such real estate when it will be conducive to the interests of th…

I. Except as otherwise provided in paragraph II, every trustee shall file in the probate court an annual account of administration, unless upon petition the trustee is excused by the judge of probate; but in no event shall the trustee be excused for a period longer than 3 years, …

No town or city in this state shall be required to give a bond when appointed trustee.

The judge of probate shall be empowered to appoint a suitable person as public trustee to hold office during the court's pleasure whose duty shall be to administer all such small charitable trusts as the court may assign to him, where it is found that the practical difficulties o…

Upon application the court may, in its discretion waive publication of citations and notices in such trusts where it is found in the interest of the state.

The public trustee may establish common trust funds, in which may be combined money and property belonging to the various trusts in his care, for the purpose of facilitating investments, providing diversification and obtaining reasonable income; and provided, further, that the pa…

When any person deceased shall, at the time of his death, hold any real estate in trust for the use of another, and there is no dispute as to the trust or title of the deceased therein, the judge for the county in which such real estate is situate, upon application and notice, ma…

I. A trustee of a non-charitable trust shall be allowed reasonable expenses incurred in the execution of the trust; and unless otherwise expressly provided in the trust instrument, such trustee shall have such reasonable compensation for services as the judge may allow. II. In th…

A trustee of a charitable trust shall be allowed reasonable expenses incurred in the execution of the trust; and unless otherwise expressly provided in the trust instrument, the trustee shall have such reasonable compensation for services as the judge may allow. Such compensation…

I. In the administration of any trust which is a "private foundation" as defined in section 509 of the United States Internal Revenue Code of 1954, or which is a "charitable trust" as defined in section 4947(a)(1) of the Internal Revenue Code of 1954, or which is a "split interes…

I. The common law rule against perpetuities shall not apply to any disposition of property or interest therein, created after the effective date of this section, if: (a) The instrument making the disposition or creating the interest contains a provision which expressly exempts th…

The provisions of RSA 564-B, the New Hampshire Trust Code, shall apply to all trusts under a will governed by this chapter, except to the extent that any provisions of the New Hampshire Trust Code conflict with the express provisions of this chapter, in which case the provisions …

Any bank as defined in RSA 383-A:2-201(a)(3) that holds trust powers, may be appointed trustee. Immediately upon the qualification of such a trustee it shall be the duty of the clerk to notify the bank commissioner of such appointment.

Except as otherwise provided in RSA 564:1, such trust company or national bank when appointed trustee shall give a surety company bond in such sum as the judge may order.

Any national bank desiring to be appointed trustee shall first file with the attorney general, in such form as he may direct, its consent to an examination of its trust department by the bank commissioners of this state, and acknowledge itself amenable to the jurisdiction of the …

Any person appointed a trustee who shall neglect or refuse to give bond when required shall be considered as having declined the acceptance of the trust.

A trustee appointed by will or by the judge in pursuance of this chapter may, upon request in writing to the judge, be permitted to resign the trust if the judge thinks it expedient.

I. A trustee who, in the opinion of the judge, becomes incompetent, unsuitable, or who shall neglect or refuse to comply with the provisions of this chapter may be removed following a hearing which is preceded by notice to the trustee, all known beneficiaries, and such other pers…