Title LVI, Probate Courts and Decedents' Estates

(a) A merger under RSA 564-F:19-1901 has the following effects: (1) Each foundation and foreign foundation that is a party to the merger shall be merged into a single foundation, which shall be the foundation designated as the surviving foundation in the certificate of merger; (2…

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

(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A trust, other than a trust created by a will subject to the provisions of RSA 564:19, shall not be subject to continuing judi…

For purposes of this chapter, the following definitions shall apply: (a) "Beneficiary" means a person: (1) To whom the foundation may distribute foundation property; and (2) The person is: (A) Identified by name in the foundation's governing documents; or (B) Ascertainable from t…

After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply: (1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property spe…

(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving t…

(a) Each beneficiary described in RSA 564-C:2-201(4) is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of a…

(a) In interpreting or construing this chapter or a provision of a governing document, the power or obligation to distribute, appoint, or direct the distribution of property to a person includes the power to distribute, appoint, or direct the distribution of the property for the …

(a) Except as provided in subsection (b), the probate division of the circuit court shall have exclusive jurisdiction of the creation by judgment or decree, interpretation, construction, modification, termination, and administration of those trusts described in RSA 564-B, and ove…

(a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located. In the case of a testamentary trust where the estate is not yet close…

(a) A communication between an attorney and a client acting as a trustee, trust advisor, or trust protector 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 a trustee, trust ad…

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…

(a) If the foundation has not received its initial capital contribution, then the following persons may dissolve a foundation by filing with the secretary of state a certificate of dissolution: (1) A majority of the organizers; or (2) A majority of the initial directors. (b) The …

(a) Except as otherwise provided in the governing documents, a founder may dissolve a foundation by filing with the secretary of state a certificate of dissolution. (b) The certificate of dissolution shall set forth: (1) The foundation's name; (2) The date on which the dissolutio…

(a) Except as otherwise provided in the governing documents, the board of directors may dissolve a foundation by filing with the secretary of state a certificate of dissolution. (b) The certificate of dissolution shall set forth: (1) The foundation's name; (2) The date on which t…

(a) A foundation may revoke the dissolution by filing with the secretary of state a certificate of revocation of dissolution. (b) The certificate of revocation of dissolution shall set forth: (1) The foundation's name; (2) The date on which the revocation of the dissolution was a…

(a) A dissolved foundation continues its existence as a legal entity but may not engage in any activities except to the extent necessary or appropriate to wind up its affairs, including: (1) Collecting its property; (2) Disposing of its property that will not be distributed in ki…

(a) A dissolved foundation may dispose of a known claimant's claim against the dissolved foundation by delivering to the claimant a written notice of the dissolution at any time after the dissolution's effective date. (b) The notice of dissolution shall set forth: (1) A descripti…

(a) A dissolved foundation may publish notice of its dissolution and request that persons with claims against the dissolved foundation present them in accordance with the notice. (b) The notice shall be published one time in a newspaper of general circulation in: (1) The county i…

(a) A director of a dissolved foundation shall have the following duties: (1) A duty to cause the dissolved foundation to discharge its liabilities or make reasonable provision for discharging its liabilities; and (2) A duty to cause the dissolved foundation to distribute its rem…

(a) The secretary of state may administratively dissolve a foundation if: (1) For 2 consecutive years, the foundation does not pay the annual fee or any penalty imposed by this chapter or other law within 60 days after the fee or penalty is due; (2) For 2 consecutive years, the f…

(a) A foundation that is administratively dissolved continues its existence as a legal entity but may not engage in any activities except to the extent necessary or appropriate to wind up its affairs in accordance with RSA 564-F:20-2005 to RSA 564-F:20-2008. (b) A foundation's ad…

(a) For a period of three years after the effective date of its dissolution, a foundation that has been administratively dissolved under RSA 564-F:20-2009 may apply to the secretary of state for reinstatement. (b) The application for reinstatement shall include: (1) The foundatio…

(a) If the secretary of state denies a foundation's application for reinstatement following administrative dissolution, then the secretary of state shall send to the foundation written notice of denial. (b) The notice of denial shall set forth each of the secretary of state's rea…

(a) A court may dissolve a foundation if: (1) The foundation procured its certificate of formation through fraud, duress, or undue influence; (2) The foundation's purposes are not lawful or are contrary to the public policy of this state; (3) The foundation has exceeded or abused…

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrum…

(a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in RSA 564-E:204 through RSA 564-E:217 or cites the section in which the authority is described. (b) A reference …

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in RSA 564-E:204 through RSA 564-E:217 or that grants to an agent authority to do all acts that a principal could do pursuant to RSA 564-E:20…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acqui…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (1) buy, sell, and exchange stocks and bonds; (2) establish, continue, modify, or terminate an account with respec…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: (1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options o…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: (1) continue, modify, and terminate an account or other banking arrangement made by or on be…

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes th…

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) A foreign foundation shall not engage in any registrable activity in this state until it registers with the secretary of state. (b) A registrable activity includes any activity that, if conducted by a foreign corporation, would constitute the corporation's transacting busines…

(a) A foreign foundation may register with the secretary of state by filing with the secretary of state a certificate of registration. (b) The certificate of registration shall set forth: (1) The foreign foundation's name or, if its name is unavailable for use in this state, a na…

(a) Subject to subsection (c), a foreign foundation may amend its certificate of registration by filing an amended certificate of registration with the secretary of state. (b) An amended certificate of registration shall set forth: (1) The foreign foundation's name or, if its nam…

(a) A foreign foundation may restate its certificate of formation by filing with the secretary of state a restated certificate of registration. (b) The restated certificate of registration shall set forth: (1) The foundation's name; and (2) The restatement of the certificate of r…

(a) Subject to RSA 564-F:21-2116, a foreign foundation's registration under RSA 564-F:21-2102 authorizes the foreign foundation to engage in any registrable activity in this state. (b) A registered foreign foundation: (1) Has the same rights and privileges as a domestic foundatio…

(a) A foreign foundation engaging in a registrable activity in this state may not maintain any judicial proceeding in this state until it has registered and has paid all fees for the period during which it engaged in registrable activities in this state while unregistered. (b) A …

(a) Each foreign foundation shall continuously maintain a registered agent in this state. (b) A registered agent may be any of the persons described in RSA 564-F:5-501(b).

(a) Each foreign foundation shall continuously maintain in this state a registered office. (b) A foreign foundation's registered office may be the same as any of its offices in this state.