Chapter 550

Section 550:1

    550:1 Petitions. – All proceedings in the court of probate shall be begun by petition to the judge, briefly setting forth the ground of the application.

Source. RS 152:1. CS 161:1. GS 173:1. GL 192:1. PS 185:1. PL 296:1. RL 349:1.

Section 550:2

    550:2 Citation to Fiduciary. – 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 jurisdiction, and upon due notice and hearing, may make such order or decree as appears to the judge to be proper.

Source. 1947, 264:7. RL 349:1-a.

Section 550:3

    550:3 Service of Citation. – 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 the estate, and may, in the discretion of the judge of probate, be deducted from any fee or other compensation due the fiduciary.

Source. 1947, 264:7. RL 349:1-b.

Section 550:4

    550:4 Cases Requiring No Notice. –
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 appointment of appraisers of estates.
IV. In licensing the sale of personal estate.
V. In licensing the sale of real estate whenever the heirs at law or devisees consent thereto in writing, or it is of less than five hundred dollars in value.
VI. In the appointment of commissioners of insolvent estates.
VII. In the appointment of guardians of minors.
VIII. In granting allowances to widows.
IX. In the assignment of the homestead right.
X. In making orders for suits upon probate bonds.
XI. In changing the names of persons who reside in the county and who apply therefor.
XII. In the appointment of trustees named in wills.
XIII. In licensing the mortgage of real estate pursuant to RSA 554:30-35.
XIV. In allowing the payment of a sum not exceeding five hundred dollars for the perpetual care of a cemetery lot and the monuments thereon where the decedent is buried.
XV. When an accounting is filed by a guardian who is a parent of or a person standing in loco parentis to a minor having his home with such guardian.

Source. RS 155:1. 1843, 34:14. CS 164:1. GS 173:2. GL 192:2. PS 185:2. PL 296:2. RL 349:2. RSA 550:4. 1957, 167:2. 1963, 165:1, 2. 1971, 179:13, 14. 1997, 100:10, 11, eff. Jan. 1, 1998.

Section 550:5

    550:5 Citation to Parties Interested. – 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.

Source. RS 155:2. CS 164:2. GS 173:3. GL 192:3. PS 185:3. PL 296:3. RL 349:3.

Section 550:6

    550:6 Service. – Every citation or order of court to an individual, requiring him to perform a particular duty, shall be served by giving to him in person or leaving at his abode a certified copy thereof, if he resides in this state, twelve days at least before the day of hearing.

Source. RS 155:3. CS 164:3. GS 173:4. GL 192:4. 1881, 20:1. PS 185:4. PL 296:4. RL 349:4.

Section 550:7

    550:7 Service Outside the State, Etc. – Every citation or order of notice to a person residing out of the state, or to the widow, heirs, devisees, legatees, creditors or persons interested in an estate, in general terms, to be present at a proceeding relative to the estate, shall be served by giving to each person to whom it is directed or leaving at his abode, twelve days at least before the day appointed for such proceedings, a certified copy of the citation or order of notice or by publication.

Source. RS 155:4. CS 164:4. GS 173:5. GL 192:5. 1881, 20:1. PS 185:5. PL 296:5. RL 349:5.

Section 550:8

    550:8 Additional Notice. – In addition to the notice prescribed in the preceding sections, the judge may order personal notice, or notice sent by mail, to any person interested, or notice by publication in a newspaper printed elsewhere, as he shall deem proper in the case.

Source. RS 155:5. CS 164:5. GS 173:6. GL 192:6. PS 185:6. PL 296:6. RL 349:6.

Section 550:9

    550:9 Exceptions; Other Notice. – Notwithstanding any other provisions of this chapter, no publication or service of any petition, motion, pleading, or other proceeding, shall be required as to any party or person who has filed, or for whom there has been filed, in the probate registry, an appearance in writing, and notice shall be sufficient if a copy of such petition, motion, or other proceeding, together with notice of the time and place of hearing, shall be mailed to such party or person, or the attorney of record for such party or person, at the address specified in the appearance.

Source. 1947, 140:1. RL 349:6-a.

Section 550:10

    550:10 Publication of Notice in Newspaper. –
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 which the person whose estate is involved last resided, or in the county whose court has jurisdiction, or otherwise as ordered by the judge.
II. The register of probate may select the newspaper for publication, provided only that it is a newspaper in the English language, unless the judge shall otherwise order. The register may publish a notice in a newspaper in other than the English language, provided that he also publishes the same notice in a newspaper in the English language at the same time. The first such publication shall be at least 2 weeks before the day or thing of which notice is given and the second publication shall be at least 7 days before the day or thing of which notice is given, unless otherwise ordered by the judge.
III. The register of probate may publish in one notice the necessary information pertaining to more than one estate, provided, however, that each separate subject matter such as the appointment of a fiduciary, a hearing on an account, a hearing on a license to sell real estate, or any other designated subject matter shall have a specific designation within each such notice.
IV. Prior to such publication, the fiduciary of the estate concerned shall advance and pay to the register of probate the cost of such publication as determined by the register, and a fee to the register as established by the supreme court under RSA 490:27. The fiduciary shall be allowed said sums so paid to the register in his account.

Source. 1851, 1119:1. CS 164:6. GS 173:7. 1877, 35:1. GL 192:7. PS 185:7. PL 296:7. RL 349:7. RSA 550:10. 1967, 429:1. 1979, 337:1. 1981, 310:5, eff. Sept. 14, 1981.

Section 550:11

    550:11 Accounts; Notice to Beneficiaries. –
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, the fiduciary shall contemporaneously forward the following to all persons beneficially interested as defined in RSA 550:12, and all parties appearing of record:
(a) A copy of the account; and
(b) A notice that the account may be approved unless a written objection, containing the specific factual or legal basis for the objection, is filed within 30 days after the date the account is filed in the probate court. This notice requirement is waived if all assents are filed pursuant to paragraph IV.
III. The fiduciary shall certify to the probate court that the requirements of paragraph II have been complied with.
IV. If the fiduciary files, pursuant to RSA 550:13, assents to the account from all persons beneficially interested as defined in RSA 550:12, and all parties appearing of record, the account may be approved earlier than 30 days after the date the account is filed in the probate court, at the discretion of the court.

Source. 1947, 264:6, par. 8. RL 349:8. RSA 550:11. 1971, 256:1. 1991, 190:2. 1998, 155:6, eff. July 8, 1998.

Section 550:12

    550:12 Person Beneficially Interested Defined. –
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 attorney general in estates involving charitable trusts;
VI. A ward, or a minor under guardianship who is 14 years of age or older;
VII. An heir, or legatee under a will of a deceased ward;
VIII. A creditor who is known to the fiduciary and has not been paid; or
IX. The trustee of a trust which is a beneficiary of the estate.

Source. 1947, 264:6, par. 9. RL 349:9. RSA 550:12. 1977, 597:1. 1979, 291:1. 1998, 155:7. 2003, 82:1, eff. Jan. 1, 2004.

Section 550:13

    550:13 Dispensation of Citation and Notice. – 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 notice as aforesaid.

Source. 1953, 97:1. RSA 550:13. 1963, 165:3. 1967, 429:2, eff. Sept. 5, 1967.