Title LVI, Probate Courts and Decedents' Estates

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of t…

Real estate purchased by, or set off to, an administrator to secure or satisfy a debt due to the estate shall vest in the heirs in the same manner as if the deceased had died seized thereof, and may be sold for the payment of debts, or divided as part of the estate.

Prior to rendering his final account, every administrator as defined in RSA 553:1 shall notify the selectmen of each town and the assessors of each city of those persons coming into the ownership of real estate through inheritance or devise, and shall certify to the probate court…

Notwithstanding any right to disclaim an interest in property as provided for in RSA 563-B, a person who has been devised real estate by testamentary instrument, or inherited under the laws of intestacy, may waive his or her rights to the property by filing a written notice of wa…

I. The administrator of an estate shall make payment of the claims in the following order: (a) Costs and expenses of administration of the estate. (b) Reasonable and necessary funeral, burial, and cremation expenses. (c) Debts and taxes with preference under federal law. (d) Clai…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

Every administrator shall notify the office of reimbursements under the direction of the commissioner of the department of health and human services if he has knowledge of liability under RSA 126-A:37.

I. When it appears to an administrator of an estate that the known claims and expenses of administration exceed the value of the assets, the administrator may petition the court for initial determination that the estate is insolvent. II. The petition shall show the value of the e…

In this chapter: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means an attorney-in-fact granted auth…

The expenses of assigning the homestead right, of the division and assignment of the real estate, and of appointing guardians of minors and others incapacitated to take care of their interest, whether heirs or legatees, shall be chargeable as expenses of administration.

Administrators of estates actually solvent may erect suitable monuments at the graves of the testators or intestates, and the reasonable expense thereof shall be allowed them on settlement of their accounts.

Executors, administrators and trustees may pay, upon the order of the judge, to a cemetery corporation or to the city or town in which the decedent has a burial place, a reasonable sum of money for the perpetual care of the lot, in which their decedent is buried, and the monument…

The judge shall determine, after notice to all parties in interest, to whom the same shall be paid and the amount thereof, if any, and such sum shall be allowed in the accounts of such executor, administrator or trustee.

All claims against an estate shall, if required by the administrator, be exhibited under oath, as follows: I do solemnly swear that, according to the best of my knowledge and belief, the above is a true statement of my claim against the estate of . . . , late of . . . , and that …

The account of the administrator, or the schedules filed therewith, shall contain an itemized account of every sum of money received and paid out by the administrator, with the date thereof and a statement of the source from which it was received or of the consideration for which…

Every administrator and executor shall file in the probate office an annual account of administration, unless upon petition he is excused by the judge of probate; but in no event shall he be excused for a period longer than three years. Before giving notice to settle his final ac…

I. A fiduciary appointed by the probate court shall file, as required by law, an inventory within 90 days after the date of appointment, or an account of administration within one year after the date of appointment. If a fiduciary fails to file an inventory within 30 days after t…

Any person appointed as executor, administrator, trustee or guardian by the probate court, who shall hold an appointment to the same office from a court in another state or territory of competent jurisdiction at least equivalent to that of probate courts in this state, or who sha…

Whenever an executor, administrator, trustee or guardian, duly appointed and acting as such in another state or country, represents a person who owned or is entitled to personal property in this state, he may make petition to the probate court in the county where the property is …

Such license shall not be granted until the expiration of six months after the death of the testator or intestate, nor unless it shall appear: I. That there is no executor, administrator, trustee or guardian, appointed under the laws of this state, entitled to the property; II. T…

(a) This chapter applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; (2) A personal representative acting for a decedent who died before, on, or after the effective date of this chapter; (3) A cons…

The judge, on application of the administrator or executor, with the assent of the heirs or devisees or, if minors or under disability, their guardians or conservators, may grant a license to mortgage the real estate of any person deceased, when the personal property shall be ins…

The petition for such license to mortgage shall recite the limits of the principal amount, the interest rate, and the term of the note to secure the mortgage, and said note and mortgage shall be executed by the administrator or executor, and said heirs or devisees, or if minors, …

The license shall include the homestead rights and other rights therein, upon consent in writing by the widow or widower of the decedent.

No such license shall issue later than two years after the date of the appointment of the administrator or executor, and no license shall be available to sustain a mortgage made by the administrator or executor, under said license unless made within ninety days from the granting …

The proceeds of such mortgage under license shall be accounted for to the probate court in accordance with the provisions of this title and on approval of the final account, the administrator or executor shall be discharged from liability for said note and mortgage. The executor …

Upon application made by any administrator or executor appointed in another state, whose intestate or testator owned lands in this state, to the judge for the county in which the lands lie, upon compliance with RSA 554:29, a license may be granted said administrator or executor t…

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…

The wearing apparel of the widow and her ornaments, according to the estate of her husband, and the wearing apparel, Bibles and school books of the minor children, are their property, and shall not be regarded as assets, or be the subject of bequest by the husband.

(a) This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by th…

The wearing apparel, Bibles, family pictures, photographs, albums and any other personal trinkets of sentimental rather than intrinsic value belonging to the deceased leaving a widow, husband, children or heirs surviving, shall not be inventoried or accounted for, but shall be de…

(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) Grant a fiduciary or designated recipient full access to the user's account; (2) Grant a fiduciary or designated recipient partial access to the user's account sufficien…

All assets, though not inventoried, shall be accounted for, and the administrator charged therewith in the account of administration.

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if th…

All goods and chattels shall be accounted for at the appraised value, unless sold at auction or private sale; and the administrator conducting the sale with fidelity and impartiality shall be credited with the loss, or charged with the gain, upon the sale.

All stocks and bonds shall be accounted for by the administrator at the prices which they shall bring at a public or private sale; and the administrator conducting the sale with fidelity and impartiality shall be credited with the loss, or charged with the gain, upon the sale.

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…

I. Personal property specifically bequeathed shall not be sold, if not needed for the payment of debts; and any property may be reserved at the sale, unless so needed, for the benefit or upon the request of the heirs or legatees, and the administrator shall be discharged by deliv…

Any person suspected of having concealed, embezzled or conveyed away any of the personal estate of a deceased person may, upon complaint of the administrator, an heir, legatee or creditor of the deceased person, be cited to appear before the judge and be examined, under oath, for…

No evidence elicited on such examination shall be used against the person examined in a criminal prosecution except in a prosecution against him for perjury in such examination.

Upon the examination the person suspected shall be entitled to employ counsel, who may cross-examine him as to any matter deemed material arising in the course of the investigation.

If the person so cited refuses to appear, or to answer interrogatories upon oath respecting the estate, the judge may, by warrant, commit such person to the house of corrections, there to remain until such person consents to answer such interrogatories, or until released by the c…

On a like complaint of a guardian in relation to property of his ward, or on complaint of a creditor, relative or friend of the ward, like proceedings may be had.

No action shall be sustained against an administrator if begun within six months after the original grant of administration, nor unless the demand has been exhibited to the administrator and payment has been demanded.

If such an action is pending at the time of the decease of one of the parties it shall abate and be forever barred, unless the administrator of the deceased party, if the deceased was plaintiff, shall appear and assume the prosecution of the action before the end of the second te…