Title LVI, Probate Courts and Decedents' Estates

All other actions and causes of action existing in favor of or against a deceased person, except those for the recovery of penalties and forfeitures of money under penal statutes, shall survive, and may be prosecuted or defended by his administrator.

The administrator, as such, may maintain any action necessary and proper to be brought in relation to real estate set off to him for debts due the estate, and to the real estate of the deceased in cases of insolvency, until the administration is closed.

The administrator, as such, may prosecute and defend all real actions pending at the decease of the testator or intestate.

Any appeal to which the deceased was entitled, or which might be prosecuted against him at the time of his decease, may be begun or prosecuted by or against his administrator.

Any person interested in the estate of a person deceased may begin an action as administrator, which shall not be abated nor the attachment lost because such person is not administrator, nor by his decease, if the administrator then or afterward appointed shall, at the first or s…

A notice sent to the administrator or his agent by registered mail, setting forth the nature and amount of the claim and a demand for payment, shall be deemed a sufficient exhibition and demand.

An action in which an administrator is party shall not be abated by reason of his death, or of the extinguishment or revocation of his trust, but may be prosecuted or defended by the administrator succeeding to the trust, who may be called into court by scire facias, in the same …

The estate of a person deceased and the administrator thereof shall be liable upon joint demands against the deceased and another person, as they would be if the demands were joint and several, unless it appears that it was the intention of the parties that the survivor only shou…

A joint administrator or guardian may have an action of account or assumpsit against the other administrator or guardian who shall refuse to apply the estate in his hands to the discharge of the just demands against it, or who shall refuse to account therefor, and he shall recove…

If an administrator, having been duly served with a scire facias, shall not become party to a suit, judgment may be rendered against the estate of the deceased in the same manner as if he had become a party.

In all cases where an administrator becomes a party to a pending suit he shall be entitled to one continuance as of course.

Writs of attachment and execution against administrators, where the cause of action existed against the deceased, shall run only against the goods or estate of the deceased, and the administrator shall not be arrested, or his estate be attached or levied upon, in such action.

Upon return of "no goods," or "waste," made by the sheriff on such execution, an execution may be awarded on scire facias against the goods, estate and person of the administrator, as for his own debt, to the amount of such waste, if it can be ascertained, otherwise to the amount…

The probate court may authorize administrators and guardians to adjust by compromise or arbitration any controversy between them and persons making claims against the estates in their hands. The attorney general or the director of the register of charitable trusts shall be a nece…

Whenever any person has a claim against the estate of a deceased person, which has not been prosecuted within the time limited by law, such person may apply to the court having subject matter jurisdiction over the nature of the claim, by petition setting forth all the facts; and …

If no administration shall have been granted upon the estate of a deceased person within two years from the date of death, no creditor of the deceased shall thereafter be entitled to maintain any action or proceeding in any court to appropriate the real estate or interests therei…

No such action shall be sustained unless the demand was exhibited to the administrator within six months after the original grant of administration, exclusive of the time such administration may have been suspended.

The provisions of RSA 556:29 shall not apply to the estate of a person deceased prior to five o'clock p.m., April 8, 1941, until two years from said date.

I. A communication between an attorney and a client acting as an administrator is privileged and protected from disclosure to the same extent as if the client was acting in his, her, or its individual capacity and was not acting as an administrator. II. The privilege under paragr…

If the estate has been represented insolvent within said six months no such exhibition shall be necessary to entitle the creditor to have the demand allowed by the commissioner.

No suit shall be maintained against an administrator for any cause of action against the deceased, unless it is begun within one year next after the original grant of administration, exclusive of the time such administration may have been suspended, except in cases where he has r…

Demands against an estate not due, and demands depending on a contingency, may be filed in the court of probate, and the judge, after due notice, may require the administrator to retain in his hands, on settlement of his account, such sum as may be necessary to pay them; unless t…

If a right of action existed in favor of or against the deceased at the time of his death, and survives, an action may be brought by or against the administrator at any time within one year after the original grant of administration.

Actions of tort for physical injuries to the person, although inflicted by a person while committing a felony, and the causes of such actions, shall survive to the extent, and subject to the limitations, set forth in RSA 556:10-14, and not otherwise.

The judge, on application of the administrator, may grant a license for the sale of the real estate of any person deceased, or of lands purchased or set off to the administrator in payment of debts due to the estate, when the personal property shall be insufficient to pay the jus…

The administrator, before a license for sale of real estate at public auction shall be granted, shall take the following oath, and shall file a certificate thereof in the probate office: I . . . . . . . . . . do solemnly swear that, in disposing of such estate of . . . . . . . . …

The administrator, so authorized, having made oath and sold according to the terms of his license, may execute and deliver a valid conveyance of the estate to the purchaser.

He shall give bond, with sufficient sureties resident in the state, make oath, and in all other respects be entitled to the same rights and subject to the same liabilities as if appointed in this state.

No license shall be available to sustain a sale made by an administrator under it, unless made within two years from the granting thereof.

Every person who has sold real estate by virtue of a license from a judge shall, within one year after the sale, return the license to the probate court with an account of the sale and with an affidavit showing the times, places and manner of giving notice of sale, subscribed and…

When a person deceased had contracted in writing to convey real estate, and the party contracted with has performed or is ready to perform the conditions of the contract, or if the contract was verbal and the party contracted with has performed or partly performed its conditions,…

When it shall appear by the will of a person deceased to have been his intention that his executor should dispose of his real estate for any lawful purpose, the judge may license the administrator to sell it for the purpose and in the manner intended by the testator.

Unless the will otherwise provides, an administrator or executor with the written consent of the widow or widower and the heirs at law or devisees, or the guardians or conservators of such of them as are under disability, may sell the whole or any part of the real estate of a dec…

Any sale made under RSA 559:18 shall convey title to said real estate free from all claims of creditors of the decedent and of all other persons claiming under the decedent or under his will, but the claims of all such persons shall be a charge upon the proceeds of the sale. The …

The license may extend to the reversion of the homestead right and of any interest in land whatever; but any other estate than a present fee shall be particularly specified in the application, notice and license.

Fraudulent conduct in the sale of real estate, misappropriation of the proceeds thereof, or refusal to account for the same, shall be a breach of the administrator's bond.

Any administrator, purchaser, or person interested may petition the judge to perpetuate the evidence of any facts set forth in a petition relative to any proceeding connected with administration, and the judge, after due notice, may decree that all or any of the facts are proved,…

If the real estate is so situate that a part thereof cannot be sold without injury to the persons interested therein license may, on application, be granted to sell the whole, though it may be more than sufficient for the payment of said demands.

The judge may grant license to the administrator to sell the timber or wood growing or standing on any real estate of the deceased, whenever the sale thereof, separate from the real estate, will be beneficial to the persons interested; and such timber or wood shall be deemed real…

Whenever it shall be necessary to sell real estate for the payment of debts the judge, on application of the administrator, with the assent of the widow or surviving husband, if any, and, if there is no widow or surviving husband, then with the assent of the guardian of the minor…

The proceeds of any sale made under such license shall be accounted for and distributed as provided in RSA 559:19.

No license shall be granted if the heirs or devisees will give to the judge a bond, with sufficient sureties, for the payment of such just demands and to indemnify the administrator therefrom.

The judge, either before or after a license to sell real estate is granted, may require from the administrator a bond, with sufficient sureties, to account for the proceeds of the sale in such manner as the judge shall order.

Such sale may be made either at auction or private sale as is deemed most beneficial to the estate, and the license issued by the judge shall designate the manner in which the sale is to be made, or may authorize the administrator to sell in either mode he deems to be for the bes…

The judge may make to the widow of the person deceased, intestate, or testate, a reasonable allowance out of the personal estate, for her present support; and, in the decree of distribution of the personal estate, the whole, or such part thereof as the judge may deem reasonable, …

Upon the death of either husband or wife, testate, and the surviving spouse has elected to waive the homestead right, if any, and the provisions of the will in his or her favor, if any, and has elected to claim his or her rights hereunder, such surviving spouse shall be vested wi…