HB 1266

This bill provides that upon the death of either parent, the surviving parent shall be the guardian of the estate of the minor. The bill also prohibits court fees for filing guardianship petitions or accounts of estates of minors.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Guardianship of Minors and Estates of Minors; Parents' Rights; Surviving Parent Guardian of the Estate of the Minor. Amend RSA 463:3, I to read as follows:

I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal. Upon the death of either parent, the survivor shall be the sole guardian of the person and of the estate of the minor.

2 New Paragraph; Guardianships and Estates of Minors; Procedure for Appointment; No Filing Fee. Amend RSA 463:5 by inserting after paragraph VI the following new paragraph:

VII. The probate court shall not charge a fee for filing a petition under this chapter for appointment of a guardian of the person, of the estate, or both.

3 General Powers and Duties of a Guardian of the Estate of a Minor; No Filing Fee for Accounts of Minors. Amend RSA 463:19, V to read as follows:

V. The guardian of the estate shall file with the court an annual account of administration and management of the guardianship estate, within 90 days after the anniversary date of the guardianship appointment unless otherwise ordered by the court. The account shall specify the amount and type of real and personal property received, remaining in the guardian's control, and invested by the guardian and the nature of such investment, and the guardian's receipts of money disbursed and expenditures, during the preceding time. Upon request of the court, the guardian shall produce for examination by the court, all securities, evidences of deposit, and investments reported, and any other information or documentation which the court may consider relevant to the accounting of the financial and property transactions of the estate. The probate court shall not charge the guardian a fee for filing an account pursuant to this paragraph.

The Administrative Office of the Courts states this bill will decrease state general fund revenue by $65,000 in FY 2003 and by $130,000 in FY 2004 and each year thereafter. There will be no fiscal impact on state, county, and local expenditures or county and local revenues.

The Administrative Office of the Courts states the fiscal impact of not charging a filing fee for the petition and account of estates of minors would result in a decrease of revenue to the general fund. In the year 2000, there were approximately 1,200 petitions for guardianship of minors filed in the Probate Courts and Family Division locations. Also, based on the 2000 statistics, there would be an average of 800 minor guardianship accounts filed each year. As of December 2000, there were 3,101 open minor guardianships. The Office estimates the fiscal impact as follows:

Annual Loss

Fees in Revenue

1,200 Petitions @ $75 $ 90,000

800 Accounts @ $50 40,000

Total Revenue Decrease $130,000

Due to a January 1, 2003 effective date, the revenue loss will total $65,000 in FY 2003.

The Department of Revenue Administration states this bill will have no fiscal impact on their department.