Title LVI, Probate Courts and Decedents' Estates

The judge shall have power to enforce all orders and decrees made by him in the exercise of any authority or jurisdiction conferred upon him, and to punish contempts of his authority, as the superior court has in like cases. Whenever it appears necessary to preserve or protect th…

If the issue is determined in favor of the petitioner, or if after notice the petitionee does not appear, or if no sufficient objection is made, the court shall render judgment that partition be made, and shall by decree set off and assign to the petitioner or petitionee their sh…

In any accounting by an executor, administrator, trustee, guardian, or other fiduciary, the judge may require him, or any of them if there are more than one, to produce during the proceedings or afterward, as he may direct, any securities or moneys comprised in the account or any…

Any person claiming a present legal or equitable right or title to real or personal property in the estate of deceased persons or to guardianship, conservatorship, or trust assets may maintain a petition against the estate, guardian, conservator, or trustee to determine the quest…

An action may be brought in probate court by any person claiming title to, or any interest in, real or personal property, or both, in partition under RSA 547-C, listed in the estate of a deceased person or listed as guardianship, conservatorship, or trust assets over which the pr…

In cases where a right to jury trial is guaranteed by the constitution or granted by statute, a plaintiff desiring a jury trial shall file the action in the superior court, and filing the action in the probate court where there is concurrent jurisdiction shall constitute a waiver…

In any proceeding in the probate court, summary judgment may be granted in accordance with procedures established by supreme court rule.

He shall not make or draft a will for any other person, and all wills so made or drawn after July 16, 1864, shall be void.

He shall not act as counsel or advocate in any business in, or which may be brought into any probate court. No attorney shall be permitted to practice before any probate judge who is a partner, associate, employee or employer of said attorney, or is a stockholder in a professiona…

He shall not act as judge in the settlement of any estate wherein he is interested as heir or legatee, executor, or administrator, or as guardian or trustee of any person.

If the judge disqualifies himself, by reason of a conflict of interest or otherwise, to sit in any case, he shall cause a record of the disqualification to be made and shall adjourn the case to another time and place. Upon the assignment of the administrative judge of the probate…

Such judge shall be allowed the same per diem compensation as is generally allowed to masters by the superior court plus his reasonable expenses, which shall be paid by the state.

If on the trial of an issue involving property, as provided in RSA 547-C:10, it is determined that the petitioner has no share or interest in the property, or less than the petitioner claims, the petitionee shall recover the taxable costs of such trial.

The records in the case shall be kept, and appeals shall be claimed and allowed, in the county where the case may be pending.

Whenever there is a vacancy in the office of the judge of probate of any county, the administrative judge of the probate court shall call upon the judge of some other county, who shall act during such vacancy. Such judge who is called upon shall receive the same per diem compensa…

If the petitioner fails to enter or prosecute his or her petition, costs shall be awarded in favor of all the petitionees upon whom service was made.

Whenever a judge of probate in any county shall be absent or unable to attend a session of the probate court, the administrative judge of the probate court shall call upon the judge of some other county, who shall act during such absence or inability. Such judge who is called upo…

The judge so holding court is authorized to do any business that the judge for the county could lawfully do.

If there is no dispute, a petition for partition shall be filed in the county where the property or the greater part thereof lies or is then located. The judge shall appoint a time and place of hearing on the petition.

Notwithstanding any other provisions of law, any judge of probate who shall become unable to perform his duties because of permanent disability shall be retired from regular active service on the bench for the remainder of his term. Any such judge who desires to retire because of…

Any judge of probate who is not a full-time judge under the provisions of RSA 547:2-a who retires from active regular service due to the provisions of RSA 493:2, relative to the constitutional age limitation, before January 1, 1981, after having served in such capacity for at lea…

Each judge of the probate court retired therefrom by age limitation who has served on such court shall upon retirement become a referee. Such referees shall be empowered to act as such in the probate courts, and their powers and the procedures for hearings before them shall be de…

Any judge of probate, who is not a full-time judge under the provisions of RSA 547:2-a, who retires upon becoming 65 years old after having served in such capacity for at least 20 years, shall receive thereafter and until his death a salary equal to 3/4 of the sum of $19,102 plus…

A petition may be filed by such person in the superior or probate court in the county in which the property or any part of the property lies or is then located, particularly describing the property, the names of all owners or persons interested, if known, and the share or interes…

The word judge, as used in this title, means a judge of probate in the state of New Hampshire to whose court the jurisdiction of the subject matter belongs.

There is hereby established a public guardianship and protection program which shall operate in accordance with the provisions of this chapter.

A probate judge designated to be full-time pursuant to RSA 491-A:4, IV shall not be permitted to engage in the practice of law to any degree. Full-time probate judges shall receive the salary specified in RSA 491-A:1. Full-time judges designated pursuant to RSA 491-A:4, IV shall …

Notice of the petition and hearing shall be given to all parties interested, by giving to each in hand, or leaving at their abode, an attested copy of the petition and order of notice, at least 14 days before the day of hearing, or by causing the same to be published.

The judge may attend at the dwelling-house or in the neighborhood of the residence of an administrator, guardian, trustee or other person who shall be unable, by reason of sickness or other sufficient cause, to attend the court of probate at the time and place appointed by law, w…

If on the hearing no sufficient objection appears, the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons unknown or out-of-state, interested in the property, and render judgment and award costs thereon, in the manner presc…

He may adjourn his court for the transaction of any business to any convenient time and place.

Whenever property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience, the whole or a part of the property may be assigned to one of them, the assignee paying to the others …

Notwithstanding RSA 491-A:4, judges of probate who are not full-time judges under RSA 547:2-a and who were appointed prior to the effective date of this section shall receive as annual salary for a period of 10 years either (a) the sum of $19,102 plus 50 percent of the total amou…

The judges shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The judges shall not be reimbursed for mileage to commute from the judge's residence to their assigned court except for any mi…

The judge shall not receive any compensation directly or indirectly for services by him rendered relating to any probate business, except his salary and any per diem compensation as provided by law.

When the proceedings are pending, if it is alleged in the petition that the property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience and the court so finds, the court ma…

The deposition of any witness or other person who may be required to be sworn before the judge, and who shall live out of the state, or who shall be unable to appear and testify by reason of infirmity or other sufficient cause, may be taken before any person duly authorized by th…

When it appears that an owner not residing within the territorial limits of the United States of America or any territorial possession thereof would not have the benefit or use or control of such proceeds due them and that special circumstances make it desirable that delivery of …

If due notice to the petitionees has not been given, the court may continue the case and order such further notice of the pendency thereof as it may deem just, and when the order has been complied with it shall proceed with such division.

The probate court shall keep a docket of all cases and matters, and an index thereto which shall be open to public inspection at all reasonable times.

I. The probate court shall appropriately retain all wills and their probate; all proceedings with regard to real estate; all accounts settled, and all orders, decisions, and appointments from which an appeal may be claimed. II. The probate court, subject to the approval of the su…

I. Entry fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of each applicable circuit court established in RSA 490-F for the benefit of the state. II. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a…

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

No partition or division of property shall be avoided by any conveyance made by a petitionee after the entry of the petition therefor, nor by any conveyance or other disposition, unless duly recorded or effected at the date of such entry, nor by any mortgage, attachment or lien t…

Sheriffs, deputy sheriffs and constables are required to serve any legal process to them directed by a judge of probate.