Title LVI, Probate Courts and Decedents' Estates

The probate court shall have the powers of a court of equity in all cases within its subject matter jurisdiction in which there is not a plain, adequate, and complete remedy at law. The court may hear and determine such cases according to the course of equity, and may grant writs…

In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of …

I. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust shall not fail. Up…

Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the trust, or by reas…

Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor.

For the purposes of RSA 547:3-h and for the purposes of any petition for deviation under RSA 547:3-c or under common law equity powers the following words shall have the meanings ascribed here unless the context indicates otherwise: I. "Charitable trust" means any fiduciary relat…

If the probate court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitab…

I. The probate court may grant the petition of any person to change the name of that person or the name of another person. The court shall not require the petitioner to obtain consents to the name change. The court may proceed with or without notice, in accordance with RSA 550:4.…

The probate court may issue, modify, vacate, release, or dissolve attachments and levies of execution on personal property and real estate in affording redress for causes within its jurisdiction in the same manner as the superior court may under RSA 511, RSA 511-A, RSA 512, RSA 5…

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

Ancillary matters are claims for liquidated or non-liquidated damages or for the recovery of money or property brought on behalf of an estate, trust, conservatorship, or guardianship against a third party or brought by a third party against an estate, trust, conservatorship, or g…

In any case, matter or proceeding in a court of probate, the court at any time may certify to the supreme court any questions or propositions of law concerning which instructions are desired for the proper decision of any matter before it and thereupon the supreme court may give …

Proceedings under this chapter shall be remedial in nature. The provisions of this chapter are to be liberally construed in favor of the exercise of broad equitable jurisdiction by the court in any proceeding pending before it.

The judge of probate may employ a stenographer who shall make a stenographic record of any contested proceeding.

Such stenographer when so employed shall be allowed the same compensation as a stenographer appointed by the superior court who is not on salary and shall be reimbursed for his actual expenses when away from home, and the same shall be paid by the state; provided that the court, …

The judges of the probate courts or a majority of them shall from time to time make rules for regulating the practice and for conducting the business in their courts in all cases not expressly provided for by law and shall prescribe forms, and, as soon as convenient after making …

The supreme court and the probate courts shall make rules requiring notice of any hearing, motion or other proceeding before said courts to be given to parties interested or to the attorneys of record thereof.

I. Appointment in Contested Cases. A probate judge may appoint as a master in any contested case such former judge of the probate court as has retired therefrom by age limitation when to do so will expedite the business of the court. If a probate judge is unable for any cause to …

Except as limited by law or court order, the public guardianship and protection program shall have the same powers and duties as those granted to private guardians or conservators, pursuant to RSA 464-A. The public guardianship and protection program shall file annual reports wit…

If the persons interested in any such property with the petitioner are unknown, it shall be described in the petition in the same manner as is required in the case of taxing unimproved lands of nonresidents, specifying the share held by each petitioner, and stating that it is hel…

At the request of a relative, friend, or other interested party, the public guardianship and protection program may, in the discretion of the probate court, be appointed co-guardian. Both co-guardians shall make themselves readily available to each other to consult with each othe…

The petitioner shall give notice to all persons interested in the property, by causing the petition and order of notice thereon to be served on each in the same manner that writs of summons are required to be served.

I. The department of health and human services, with the approval of the governor and council, shall contract with one or more organizations approved by the New Hampshire supreme court which shall be designated the public guardianship and protection program and which shall provid…

If any petitionee or his residence is unknown, or if petitionee resides out of the state and has not had personal notice, the court shall order publication of the petition and order of notice, and may fix the time of the last publication.

Nothing in this chapter shall prevent an organization designated as a public guardianship and protection program from providing guardianship or other services to any individual when such services are not mandated by RSA 135-C:60 or RSA 171-A:10, except that no funds furnished und…

If any petitioner is absent at the time of the service of the petition, and has not returned, and does not appear at the sitting of the court at which the petition is entered, it may be continued and further notice ordered.

Except in cases of indigency as determined by the probate court, the cost of services rendered under this chapter shall be borne solely by the person or the estate of such person receiving such services. The office of reimbursements established by RSA 126-A:33 is hereby authorize…

If any petitionee is a minor, or otherwise incapacitated to take care of his estate, partition shall not be made until a guardian or agent has been appointed. Such guardian or agent may be appointed by the court.

Probate of the will and granting administration on the estate of a person deceased shall belong to the judge for the county in which such person was last an inhabitant; but if such person was not an inhabitant of this state the same shall belong to the judge for any county in whi…

All proceedings in relation to the settlement of the estate of a person deceased shall be had in the probate court of the county in which his will was proved or administration on his estate was granted.

If any petitionee is unknown the court may, in its discretion, appoint an agent to aid and advise in petitionee's behalf in making the partition or division.

The register of probate shall dwell in the county in which the probate records are required to be kept. If a register shall dwell in any other county and continue so dwelling for 30 consecutive days, the office shall be deemed vacant.

The annual salary of the registers of probate shall be $100 per year.

The register shall not act as counsel or advocate in any proceeding in, or to be brought into, the probate court of which the register was elected, nor receive any fee for such service.

The register shall not be appointed nor act as appraiser or commissioner on any estate under administration in the probate court of the county in which the register was elected.

Any register who violates any of the provisions of this chapter shall be guilty of a misdemeanor.

The register of probate shall be responsible for coordinating with the secretary of state and the administrative judge of the circuit court established in RSA 490-F the preservation of any closed files having the potential for historical significance. The register may recommend t…

All proceedings in the court of probate shall be begun by petition to the judge, briefly setting forth the ground of the application.

I. Notwithstanding any other provision of law, whenever notice is required to be published in a newspaper by any provision of this title, the register of probate shall cause such notice to be published 2 weeks successively in a newspaper which circulates in the town or city in wh…

I. In this section, "fiduciary" means any: (a) Executor; (b) Administrator, including voluntary administrator, special administrator, administrator with will annexed, and administrator de bonis non; or (c) Trustee. II. Whenever any fiduciary files an account in the probate court,…

A person is beneficially interested if the person is: I. An heir or distributee of an intestate estate; II. A residuary legatee under a will; III. A specific legatee under a will, but has not received the legacy; IV. A beneficiary having a vested interest in a trust; V. The attor…

The citation and notice required to be given to any person in any proceeding may be dispensed with upon written assent by such person to such proceeding or upon his written waiver of such citation and notice. A duly appointed guardian ad litem may give assent or waive citation or…

The judge of probate may on his own motion issue a citation directed to any fiduciary appointed by or responsible to the probate court, requiring such fiduciary to appear before him to inform the court concerning any matters related to his trust over which the court has jurisdict…

Service of citation under the preceding section shall be sufficient if made by registered mail, return receipt requested, at the address of record of the fiduciary. Any expenses incidental to carrying out the provisions of this or the preceding section shall be charged against th…

The probate court may, at the discretion of the judge, proceed without notice in the following cases: I. In the probate of wills in common form. II. In the appointment of the person entitled to such trust, or of the person by him nominated, as administrator. III. In the appointme…

In all cases in which notice is required a citation shall be issued, or an order of notice made to the parties interested, to appear at the court at a day and place therein appointed, that they may be heard if they see cause.