Title LVI, Probate Courts and Decedents' Estates

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

(a) A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee. (b) Except as otherwise provided under the terms of the trust, the trustee shall take reasonable steps to redress a breach of trust known to the trustee …

(a) Except while a trust is revocable and a settlor has capacity to revoke the trust, a trustee of a revocable trust shall provide a trustee's report comparable to that described in subsection (d) to the distributees or permissible distributees of trust income or principal. (b) A…

(a) Notwithstanding the breadth of discretion granted to a trustee, trust advisor, or trust protector, individually or collectively referred to in this section as a "fiduciary", whether or not exercising fiduciary powers, in the terms of the trust, including the use of such terms…

(a) A trustee, without authorization by the court, may exercise: (1) powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust: (A) all powers over the trust property which an unmarried competent owner has over individually owned property; (B…

(a) Without limiting the authority conferred by RSA 564-B:8-815, a trustee may: (1) collect trust property and accept or reject additions to the trust property from a settlor or any other person and trust property may be accepted from a settlor and retained even though it include…

(1) The general court has determined that it will benefit the public health, safety, and welfare to empower fiduciaries to assess fiduciary property to determine environmental condition, to prevent and remediate contamination, and to otherwise bring fiduciary property into compli…

(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 d…

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…

(a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter. (b) The prudent investor rule may be expanded, restricted, eliminat…

(a) Any property may be contributed to a foundation's capital. (b) After the initial contribution to a foundation's capital, additional contributions to a foundation's capital shall be made as follows: (1) An additional contribution shall be made in substantial compliance with th…

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (b) A …

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, …

(a) Compliance with the prudent investor rule is determined: (1) in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and (2) by the trustee's conduct and not by the return realized from the investment and management…

The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this article: "investments permissible by law for investment of trust funds," "legal investments," "authorized inve…

The provisions of article 9 of this code shall be construed as pertaining to the administration of a trust and as applicable to any trust that is administered in this state or that is governed by the laws of this state.

All bonds given to a judge shall be made "to the judge of probate for the county of __________ ," without naming the incumbent of the office.

Upon a hearing in chancery on such forfeiture, the court shall examine and ascertain the claims of the parties whose names are indorsed on the writ; and judgment shall be rendered for such parties respectively for the amount so ascertained, "that the judge of probate for the coun…

The party for whose use such judgment shall be rendered may sue out execution thereon, and shall be taken to be the creditor. If the execution is levied on real estate the same shall vest in such party as it would do if he were the nominal as well as the real plaintiff in the sui…

If there be more than one party for whose use such executions may be awarded, the order of priority in the attachment shall be as designated in the indorsement on the original writ; and if there be no such designation, in the order in which the names are indorsed.

During the pendency of such suit the court, on motion, may order the name of any person interested to be indorsed on the original writ in manner aforesaid, and he shall thereupon be entitled to the same rights as if his name had been so indorsed before the service of the writ but…

After judgment for the penalty of such bond any person interested, upon giving bond to the judge, with sufficient sureties, for the payment of such costs as may be adjudged against him, may sue out a scire facias on such judgment, to show cause why execution should not be awarded…

On such scire facias the claim of such person shall be examined, and judgment rendered and execution therefor awarded in manner aforesaid; and he shall be taken to be the creditor as aforesaid.

No suit or judgment on such bond shall operate as an abatement or bar to any suit thereon against any obligor, against whom no suit has previously been commenced or judgment rendered.

A judgment in favor of the obligors shall in no case operate as a bar to any suit on such bond for the benefit of a different claimant, or of the same claimant for a different claim.

Execution may be awarded, for costs adjudged to the defendants in any such suit, against the parties for whose benefit the suit was brought or maintained; or the defendants may have their remedy on the bonds taken in the probate office.

Any corporation established by the laws of this state, or authorized to transact business therein, and authorized thereto by its charter, may be accepted by the judge as sufficient surety if he is satisfied with the ability of the corporation as such surety.

If the sureties or the penalty in any such bond be insufficient the judge shall require the principal therein to furnish a new bond, with sufficient sureties and penalty, and upon refusal or neglect, after due notice and a reasonable time allowed, shall revoke the trust of the pr…

A judge, on application of the principal to a bond, may permit a new bond to be filed, and, after due notice, may, in his discretion, discharge the sureties to the original bond from all further responsibility thereon.

The judge, on application of a surety, may require a new bond to be filed, and, after due notice, may, in his discretion, discharge such surety from all further responsibility upon the bond.

Any person interested in a bond given to a judge may apply to the judge for an order for suit thereof, setting forth the claim intended to be recovered in such suit; and the judge may make the order, upon the applicant giving bond, with sufficient sureties, to pay the costs which…

The name and residence of every person at whose request the order is made and suit instituted shall be indorsed on the writ before the service thereof, with a brief statement of his claim.

In such suit the defendant shall be called to answer to the "judge of probate for the county of ... ," without mentioning the name of the judge. No suit on a bond shall be abated or discontinued by any vacancy or change in the office of judge.

When it shall appear, upon confession, verdict, demurrer or in any other way, that the penalty of the bond is forfeited judgment shall be rendered against the defendant for such penalty; and such judgment shall be security for all parties interested.

A power of appointment, whether or not coupled with an interest, and whether or not existing at the time this section takes effect, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, …

As a clarification of existing law, unless a testamentary power of appointment expressly states that it is a general power of appointment or expressly authorizes the donee to exercise the power of appointment in favor of one or more of the donee's creditors, the donee's estate or…

I. A power releasable according to RSA 566:1, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by the exercise of the po…

A release executed by the donee of a power releasable according to RSA 566:1, or under common law, and delivered or filed in accordance with RSA 566:2, I, shall, subject to RSA 566:2, II, be effective to release the power to the extent in such release provided, whether it in subs…

If a power of appointment releasable according to RSA 566:1, or under common law, is or may be exercisable by two or more persons in conjunction with one another or successively, a release or disclaimer of the power, in whole or in part, executed, and delivered or filed, in accor…

The word "release," as used in RSA 566:1-4, shall include (1) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (2) an instrument wherein…

Release of a power of appointment otherwise releasable shall not be prevented merely by provisions in restraint of alienation or anticipation contained in the instrument creating the power.

RSA 566:1-6, shall so far as possible be deemed to be declaratory of the common law of this state. Said sections shall be liberally construed so as to effectuate the intent that all powers of appointment whatsoever shall be releasable unless otherwise expressly provided in the in…

A donee of a power of appointment may disclaim the same at any time, wholly or in part, in the same manner and to the same extent as he might release it.

Nothing in RSA 566:1-8, shall prevent the release in any lawful manner of any releasable power of appointment or the disclaimer in any lawful manner of any power of appointment.

A person who is aggrieved by a decree, order, appointment, grant or denial of a judge of probate which may conclude that person's interest in a matter before the court may appeal therefrom to the supreme court on questions of law in accordance with rules of the supreme court.