N.H. Rev. Stat. § 547:3

Current through Chapter 381 of the 2024 Legislative Session

Section 547:3 - [Effective Until 1/1/2025] Jurisdiction

I. The probate court shall have exclusive jurisdiction over the following:

(a) The probate of wills.

(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the establishment of death of a person presumed dead and assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.

(c) The interpretation and construction of wills and the creation by judgment or decree, interpretation, construction, modification, and termination of those trusts described in RSA 564-B.

(d) The administration of those trusts described in RSA 564-B, and the appointment, removal and surcharge of trustees of such trusts.

(e) The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.

(f) The adoption of children.

(g) The change of names of persons who reside in the county and who apply therefor.

(h) [Repealed.]

(i) Durable powers of attorney for health care under RSA 137-J.

(j) The interpretation and effect of living wills under RSA 137-J.

(k) [Repealed.]

(l) Petitions to quiet title of real estate pursuant to RSA 547:11-c.

(m) Declaratory judgment actions pursuant to RSA 547:11-b.

(n) Any other jurisdiction as may be granted by statute.

II. The probate court shall have concurrent jurisdiction with the superior court over the following:

(a) Subject to RSA 498:4-a, cases involving charitable uses and trusts other than those trusts described in RSA 564-B, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d).

(b) Durable powers of attorney under RSA 564-E.

(c) Waivers for marriage of minors pursuant to RSA 457:6-457:7.

(d) Ancillary matters as defined in RSA 547:3- .

(e) Petitions for partition pursuant to RSA 547-C.

(f) Transfer on death deeds pursuant to RSA 563-D.

III. The probate court shall have concurrent jurisdiction with the district court over ancillary matters as defined in RSA 547:3-l.

IV. Nothing in this section shall be construed to confer upon the probate court any additional authority over inter vivos trusts beyond that authority exercised by the superior court prior to the adoption of this section.

V. The administrative judge of the circuit court may appoint one or more referees to any matter which is not contested and to which no objection has been filed, or to which all parties have assented, for any cases arising under subparagraphs I(a), (b), and (g). Any referee so assigned shall act under the direction of a judge of probate as defined in RSA 490-F:6, III. Any party aggrieved by a decision made by a referee pursuant to this paragraph may file a request for reconsideration within 10 days of the clerk's notice of decision, and if such request is filed, the matter shall be reviewed by a judge of probate.

RSA 547:3

Amended by 2024, 292:20, eff. 9/24/2024.

Amended by 2024, 292:19, eff. 9/24/2024.

Amended by 2021 , 207: §§III-2, III-1 eff. 10/9/2021.

Amended by 2017 , 178: 4, eff. 1/1/2018.

RS 152:3. CS 161:3. GS 170:2. GL 189:2. PS 182:2. PL 293 :3. RL 346:3. RSA 547:3. 1973, 431:1. 1992, 284:49. 1993, 190:4. 1997, 100:5, 6. 2005, 280 : 1 . 2006, 91 : 2 , 3, eff. May 5, 2006; 302:5, eff. Jan. 1, 2007. 2008, 97 : 1 , eff. May 21, 2008; 109:3, 10(I), eff. July 27, 2008. 2017, 178 : 4 , eff. Jan. 1, 2018. 2021, 207 : 2 , Pt. III, Secs. 1 and 2, eff. Oct. 9, 2021.

This section is set out more than once due to postponed, multiple, or conflicting amendments.