reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:53-g - Recognition and Enforcement of Registered Convention Support Order.

546-B:53-g Recognition and Enforcement of Registered Convention Support Order. –
I. Except as otherwise provided in paragraph II, a tribunal of this state shall recognize and enforce a registered Convention support order.
II. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with RSA 546-B:3;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with RSA 546-B:53-e lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(1) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(2) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) The order was made in violation of RSA 546-B:53-j.
III. If a tribunal of this state does not recognize a Convention support order under subparagraph II (b), (d), or (i):
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(b) The department of health and human services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under RSA 546-B:53-c.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:53-h - Partial Enforcement.

546-B:53-h Partial Enforcement. –
If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:53-i - Foreign Support Agreement.

546-B:53-i Foreign Support Agreement. –
I. Except as otherwise provided in paragraphs III and IV, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
II. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
III. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
IV. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(d) The record submitted under paragraph II lacks authenticity or integrity.
V. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:53-j - Modification of Convention Child Support Order.

546-B:53-j Modification of Convention Child Support Order. –
I. A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
II. If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, RSA 546-B:53-g, III applies.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:53-k - Personal Information; Limit on Use.

546-B:53-k Personal Information;  Limit on Use. –
Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:53-l - Record Original Language: English Translations.

546-B:53-l Record Original Language:  English Translations. –
A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:54 - Grounds for Rendition.

546-B:54 Grounds for Rendition. –
I. For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
II. The governor of this state may:
(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
III. A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:55 - Conditions of Rendition.

546-B:55 Conditions of Rendition. –
I. Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously, the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
II. If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
III. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:56 - Uniformity of Application and Construction.

546-B:56 Uniformity of Application and Construction. –
In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:57 - Rulemaking Authority.

546-B:57 Rulemaking Authority. –
The commissioner of the department of health and human services may adopt rules, pursuant to RSA 541-A, which are deemed necessary for the efficient administration of the duties with which the department is charged under Title IV-D of the Social Security Act, as amended, to provide interstate child support services, provided that such rules shall not be inconsistent with the provisions of this chapter.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:58 - Transitional Provision.

546-B:58 Transitional Provision. –
This chapter applies to proceedings begun on or after January 1, 2016 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-B - Uniform Interstate Family Support Act › Section 546-B:59 - Severability Clause.

546-B:59 Severability Clause. –
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
2015, 75:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-C - Protection of Religious Liberty › Section 546-C:1 - Definitions.

546-C:1 Definitions. –
In this chapter:
I. "Exercise of religion" means the practice or observance of religion. It includes, but is not limited to, any action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
II. "Religious organization" means:
(a) A house of worship, including but not limited to churches, synagogues, mosques, shrines, and temples;
(b) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; or
(c) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this paragraph.
III. "Religious service" means a meeting, gathering, or assembly of 2 or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or other activities that are deemed necessary by the religious organization for the exercise of religion.
IV. "State government" means:
(a) The state or a political subdivision of the state;
(b) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, court, or public institution of higher education;
(c) Any person acting under color of state law; and
(d) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.
V. "Substantial burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion. It includes, but is not limited to, withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.
Source.
2021, 191:2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LV - Proceedings in Special Cases › Chapter 546-C - Protection of Religious Liberty › Section 546-C:2 - State of Emergency Protections.

546-C:2 State of Emergency Protections. –
I. Notwithstanding RSA 4:45 or any other provision of law to the contrary, during a state of emergency, the state government shall permit a religious organization to continue operating and to engage in religious services to the same or greater extent that other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public are permitted to operate.
II. Nothing in this section shall prohibit the state government from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued by the state or federal government that are applicable to all organizations and businesses that provide essential services. Provided, however, that the state government shall not enforce any health, safety, or occupancy requirement that imposes a substantial burden on a religious service unless the state government demonstrates that applying the burden to the religious service in this particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
III. A religious organization may assert a violation of this section as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
IV. Any religious organization that successfully asserts a claim or defense under this section may recover appropriate relief including, but not limited to, injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.
Source.
2021, 191:2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:1 - Court of Record.

547:1 Court of Record. –
The court of probate is a court of record for all purposes, and each probate court shall be provided with a seal bearing upon its face the name of the court and the name of this state.
Source.
RS 152:2, 19. CS 161:2, 19. GS 170:1. GL 189:1. PS 182:1. PL 293:1. RL 346:1. 2011, 88:10, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:2 - Meaning of Terms.

547:2 Meaning of Terms. –
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.
Source.
RS 152:2, 19. CS 161:2, 19. GS 170:1. GL 189:1. PS 182:1. PL 293:2. RL 346:2. RSA 547:2. 1997, 100:4, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:2-a - Full-Time Judges.

547:2-a Full-Time Judges. –
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 assist the probate courts in the other counties whenever a probate judge in such other county is disqualified, disabled, or otherwise unable to sit.
Source.
1987, 384:2. 2003, 311:2, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-a - Issues to Court.

547:3-a Issues to Court. –
In any proceeding before a probate court involving material facts which are in dispute, the probate court shall have jurisdiction to try such factual issues to court after due notice to all interested parties. However, the probate court may, if the interests of an estate require it, appoint a special administrator under RSA 553:20.
Source.
1992, 284:50, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-b - Equity Jurisdiction.

547:3-b Equity Jurisdiction. –
The probate court shall have the powers of a court of equity in all cases within its subject matter jurisdiction in which there is not a plain, adequate, and complete remedy at law. The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice.
Source.
1992, 284:50. 2006, 91:4, eff. May 5, 2006. 2008, 109:4, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-c - Deviation from Terms of Trust.

547:3-c Deviation from Terms of Trust. –
In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of the trust relating to the property or the kinds of classes of property which may be held under the trust would defeat or substantially impair the accomplishment of the purposes of the trust, the court may, upon the filing by the trustee of a bill in equity for instructions and upon notice to all parties in interest, enter a decree permitting the trustee to deviate from such terms of the trust and directing the trustee, if necessary to carry out the purposes of the trust, to sell all or any part of the property held under the trust and to invest the proceeds of such sale in kinds or classes of property which are lawful investments for trustees of estates. No such decree, after its entry, shall thereafter operate to relieve any trustee of any duty imposed by law relating to the investment of trust funds and the exercise of reasonable care for the preservation thereof. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over the trustees, trusts or trust funds.
Source.
1992, 284:50, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-d - Cy Pres Doctrine.

547:3-d Cy Pres Doctrine. –
I. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust shall not fail. Upon petition by the trustee or trustees or the attorney general, the probate court may direct the application of the property to some charitable purpose which is useful to the community, and which charitable purpose fulfills as nearly as possible the general charitable intent of the settlor or testator. In applying the doctrine of cy pres, the court may order the distribution of the trust assets to another charitable trustor to a charitable corporation to be held and administered by it in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under this section and RSA 547:3-e.
II. Prior to any court proceeding under this chapter on the intent to offer for sale or change the use of any land, buildings, or both, given, devised, or bequeathed to the town for charitable purposes, the municipality shall hold at least one public hearing with no less than 14 days notice.
Source.
1992, 284:50, eff. Jan. 1, 1993. 2008, 109:5, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-e - Federal Taxation.

547:3-e Federal Taxation. –
Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the trust, or by reason of administrative burden or disproportionate cost of administration, then the court, in order to prevent the diversion of funds from the charitable purpose by federal taxation, may enter a decree:
I. Modifying or enlarging the powers granted the trustee, or declaring that a trustee does not have certain powers under New Hampshire law to the extent necessary in order to bring the terms of the governing instrument into compliance with the tax exemption requirements of federal law.
II. Authorizing the trustee to make charitable distributions from principal.
III. Terminating the trust and directing the distribution of the trust assets to another charitable trust or to a charitable corporation, to be held and administered in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under RSA 547:3-d and this section.
IV. Removing the trustee or trustees, or directing the appointment of new or additional trustees.
V. Reducing or limiting the charitable organizations or classes of charitable organizations or charitable objects which may be benefited under the trust instrument.
Source.
1992, 284:50, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-f - Inapplicability of Cy Pres.

547:3-f Inapplicability of Cy Pres. –
Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor.
Source.
1992, 284:50, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-g - Definitions.

547:3-g Definitions. –
For the purposes of RSA 547:3-h and for the purposes of any petition for deviation under RSA 547:3-c or under common law equity powers the following words shall have the meanings ascribed here unless the context indicates otherwise:
I. "Charitable trust" means any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it and subjecting the person by whom the property is held to equitable duties to deal with the property for charitable or community purposes.
II. "Trustee" means:
(a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust or charitable purpose.
(b) A corporation formed for the administration of a charitable trust pursuant to the directions of the settlor or at the instance of the trustee.
Source.
1992, 284:50, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-h - Termination of Charitable Trusts.

547:3-h Termination of Charitable Trusts. –
If the probate court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitable trust or corporation, or to the beneficiaries of said trust, the trust is subject to termination by the court upon such terms and conditions as it may impose. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over trustees, trusts or trust funds.
Source.
1992, 284:50, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-i - Change of Name.

547:3-i Change of Name. –
I. The probate court may grant the petition of any person to change the name of that person or the name of another person. The court shall not require the petitioner to obtain consents to the name change. The court may proceed with or without notice, in accordance with RSA 550:4.
II. Before the probate court may grant a change of name for a person who is incarcerated, or on probation or parole, or for a person who is required, pursuant to RSA 651-B, to register as a sexual offender or an offender against children and who is no longer subject to supervision by the department of corrections, the petitioner shall make a compelling showing that a name change is necessary. For a person who is incarcerated, or on probation or parole, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of corrections. For a person who is required to register as a sexual offender or an offender against children and who is no longer subject to supervision by the department of corrections, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of safety. Upon ruling on the petition, the probate court shall issue a copy of its order to the department of corrections or, if the petitioner is no longer subject to the supervision of the department of corrections, to the department of safety.
Source.
1996, 150:1. 1997, 100:7. 1999, 160:1. 2000, 50:1. 2003, 81:1, eff. July 29, 2003.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-j - Attachments, Executions, and Levies.

547:3-j Attachments, Executions, and Levies. –
The probate court may issue, modify, vacate, release, or dissolve attachments and levies of execution on personal property and real estate in affording redress for causes within its jurisdiction in the same manner as the superior court may under RSA 511, RSA 511-A, RSA 512, RSA 528, and RSA 529 for causes within its jurisdiction.
Source.
2002, 47:1, eff. April 26, 2002. 2007, 117:4, eff. June 11, 2007.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-k - Exemption from the Rule Against Perpetuities.

547:3-k Exemption from the Rule Against Perpetuities. –
The probate court shall not apply the common law rule against perpetuities to any disposition of property or interest therein, created after the effective date of this section, if:
I. The instrument making the disposition or creating the interest contains a provision which expressly exempts the instrument from the application of the rule against perpetuities; and
II. The trustee, or other person to whom the power is properly granted or delegated, has the power under the governing instrument, applicable statute, or common law, to sell, mortgage, or lease property for any period of time beyond the period that is required for an interest created under the governing instrument to vest in order to be valid under the rule against perpetuities.
Source.
2003, 143:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:3-l - Jurisdiction over Ancillary Matters.

547:3-l Jurisdiction over Ancillary Matters. –
Ancillary matters are claims for liquidated or non-liquidated damages or for the recovery of money or property brought on behalf of an estate, trust, conservatorship, or guardianship against a third party or brought by a third party against an estate, trust, conservatorship, or guardianship including claims against a fiduciary bond and entry or possessory actions; provided, however, that with respect to any such claims in which the right to trial by jury exists and is demanded by any party, or any claims for penalties or other relief under a statutory or regulatory enactment providing for enforcement through or review by the superior court, the superior court shall have exclusive jurisdiction.
Source.
2008, 109:6, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:4 - Repealed by 1992, 284:86, VI, eff. Jan. 1, 1993.

547:4 Repealed by 1992, 284:86, VI, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:5 - Repealed by 1992, 284:86, VII, eff. Jan. 1, 1993.

547:5 Repealed by 1992, 284:86, VII, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:6 - Repealed by 1992, 284:86, VIII, eff. Jan. 1, 1993.

547:6 Repealed by 1992, 284:86, VIII, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:7 - Repealed by 1992, 284:86, IX, eff. Jan. 1, 1993.

547:7 Repealed by 1992, 284:86, IX, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:8 - Probate of Will, Etc.

547:8 Probate of Will, Etc. –
Probate of the will and granting administration on the estate of a person deceased shall belong to the judge for the county in which such person was last an inhabitant; but if such person was not an inhabitant of this state the same shall belong to the judge for any county in which such person had estate, or in which the personal representative or kin of such person has a cause of action.
Source.
RS 152:7. CS 161:7. GS 170:6. GL 189:6. PS 182:8. 1905, 8:1. PL 293:8. RL 346:8.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:9 - Settlement of Estates.

547:9 Settlement of Estates. –
All proceedings in relation to the settlement of the estate of a person deceased shall be had in the probate court of the county in which his will was proved or administration on his estate was granted.
Source.
RS 152:8. CS 161:8. GS 170:7. GL 189:7. PS 182:9. PL 293:9. RL 346:9.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:10 - Guardianship Proceedings.

547:10 Guardianship Proceedings. –
All proceedings in relation to the property or estate of a person under guardianship shall be had in the court of probate of the county in which the guardian was appointed.
Source.
RS 152:9. CS 161:9. GS 170:8. GL 189:8. PS 182:10. PL 293:10. RL 346:10.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11 - Enforcement of Orders, Etc.

547:11 Enforcement of Orders, Etc. –
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 the assets of any estate, the judge, on application or upon his own motion, may impound the books, records and assets of any fiduciary or may enjoin the withdrawal of any moneys or deposits or transfers of any securities by any fiduciary, or may direct the temporary investment of the assets of any estate in securities approved by the judge or require them to be deposited in any bank or institution authorized to receive deposits.
Source.
1911, 129:1. PL 293:11. RL 346:11. RSA 547:11. 1957, 240:2, eff. July 31, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11-a - Authority on Accounting by Fiduciaries.

547:11-a Authority on Accounting by Fiduciaries. –
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 documents relating to the investments of the estate, and to replace any moneys or property that have been improperly applied or disposed of, or the value thereof, and to pay or transfer the same or any moneys or property with which the fiduciary or fiduciaries may be charged into a proper account or otherwise, as he may order, in such manner that the same shall be in the control of the persons entitled thereto; and the proceedings upon every such account shall be considered for all purposes to be proceedings in equity, and orders and decrees of the judge therein shall be enforceable accordingly.
Source.
1957, 240:3, eff. July 31, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11-b - Declaratory Judgments.

547:11-b Declaratory Judgments. –
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 question as between the parties, and the probate court's judgment or decree thereon shall be conclusive. The existence of an adequate remedy at law or in equity shall not preclude any person from obtaining such declaratory relief.
Source.
1992, 284:51. 1993, 190:6. 1996, 265:8, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11-c - Quiet Title.

547:11-c Quiet Title. –
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 probate court has jurisdiction, against the estate, guardian, conservator, or trustee who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same. In any action brought under this provision, where applicable, the procedure set forth in RSA 498:5-b through 5-d shall be followed.
Source.
1992, 284:51. 2000, 232:9, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11-d - Transfer to Superior Court.

547:11-d Transfer to Superior Court. –
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 of a jury trial by the plaintiff. If the defendant desires a jury trial, the defendant shall indicate the request for a jury trial at the time of the defendant's initial pleading with the court. Failure to timely request a jury trial shall constitute a waiver by the defendant thereof. If a jury trial is requested by the defendant, the matter shall be transferred to the superior court.
Source.
1992, 284:51, eff. Jan. 1, 1993. 2011, 88:11, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11-e - Repealed by 2011, 88:29(28), eff. July 1, 2011.

547:11-e Repealed by 2011, 88:29(28), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:11-f - Motions for Summary Judgment.

547:11-f Motions for Summary Judgment. –
In any proceeding in the probate court, summary judgment may be granted in accordance with procedures established by supreme court rule.
Source.
1993, 190:7, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:12 - Drawing Will.

547:12 Drawing Will. –
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.
Source.
1864, 2882:4. GS 170:18. GL 189:23. PS 182:11. PL 293:12. RL 346:12.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:13 - Acting as Counsel.

547:13 Acting as Counsel. –
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 professional corporation for the practice of law in which said attorney is stockholder. Full-time probate judges under RSA 547:2-a shall be prohibited from the practice of law to any degree.
Source.
1866, 4251:1. GS 170:19. GL 189:20. PS 182:12. PL 293:13. RL 346:13. RSA 547:13. 1969, 242:1. 1987, 384:5, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:14 - Interest.

547:14 Interest. –
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.
Source.
RS 152:10. CS 161:10. GS 170:9. GL 189:9. PS 182:13. PL 293:14. RL 346:14.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:15 - If Disqualified to Sit.

547:15 If Disqualified to Sit. –
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 court, a full-time judge or, if he is unavailable, another judge shall have the power to make any decree or order which could have been made by the judge before whom the case was originally entered, had he not disqualified himself.
Source.
RS 152:11. CS 161:11. 1864, 2882:1. GS 170:10. GL 189:10. PS 182:14. PL 293:15. RL 346:15. RSA 547:15. 1981, 518:1. 1987, 384:6. 1992, 284:52, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:16 - Compensation of Judge Acting for Another.

547:16 Compensation of Judge Acting for Another. –
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.
Source.
RS 152:13. CS 161:13. 1864, 2882:2. GS 170:11. GL 189:11. PS 182:15. PL 293:16. RL 346:16. 1953, 106:1. RSA 547:16. 1963, 127:1. 1979, 125:2. 1983, 383:49. 1997, 100:8, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:17 - Records; Appeals.

547:17 Records;  Appeals. –
The records in the case shall be kept, and appeals shall be claimed and allowed, in the county where the case may be pending.
Source.
RS 152:12. CS 161:12. GS 170:12. GL 189:12. PS 182:16. PL 293:17. RL 346:17.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:18 - Vacancy.

547:18 Vacancy. –
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 compensation determined by the supreme court upon recommendation by the judicial branch administrative council, plus reasonable expenses, which shall be paid by the state.
Source.
1883, 71:1. PS 182:17. 1917, 107:1. PL 293:18. RL 346:18. 1953, 106:2. RSA 547:18. 1963, 127:2. 1967, 401:1. 1987, 384:7. 1992, 284:53, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:18-a - Absence or Inability to Attend.

547:18-a Absence or Inability to Attend. –
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 upon shall receive per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, plus reasonable expenses, which shall be paid by the state.
Source.
1967, 401:2. 1979, 125:1. 1983, 383:50. 1987, 384:8. 1992, 284:54, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:19 - Powers of Judge Acting for Another.

547:19 Powers of Judge Acting for Another. –
The judge so holding court is authorized to do any business that the judge for the county could lawfully do.
Source.
1883, 71:2. PS 182:18. 1917, 107:2. PL 293:19. RL 346:19. RSA 547:19. 1997, 100:9, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:19-a - Retirement Due to Disability.

547:19-a Retirement Due to Disability. –
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 inability to perform his duties shall certify to the governor and council his disability to perform his duties. If they find him unable to perform his duties because of permanent disability, the governor and council shall order his retirement from regular active service. If a judge of probate who is permanently disabled to perform his duties shall be unable or unwilling to certify his disability, any three justices of the probate court shall certify in writing his disability to the governor and council, who shall, if they find him after due notice and hearing, unable to perform his duties because of permanent disability, order his retirement from regular active service. The governor and council upon retirement of any such judge of probate as provided herein shall appoint a successor to serve out the remainder of the term. Any judge of probate who has served in such capacity for a period of at least ten years in said office, retired from regular active service because of permanent disability, shall receive during the remainder of his term a salary equal to one-half the salary being paid to him at the time of his retirement, except in case of his election to take other retirement benefits as hereinafter provided. Any judge retired from active regular service under the provisions hereof who is also a member of the state employees' retirement system or the New Hampshire retirement system shall be entitled to retire with disability benefits under either of said systems, upon notification to the retirement board. If, however, said judge elects to take payments under the provisions of this section he shall thereby forfeit all rights to any benefits provided under said employees' or New Hampshire retirement system.
Source.
1969, 346:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:19-b - Retirement Due to Constitutional Age Limitation.

547:19-b Retirement Due to Constitutional Age Limitation. –
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 least 7 years, or on January 1, 1981 or thereafter, having served in such capacity for at least 20 years; shall receive thereafter and until his death a salary equal to
3/4 of $19,102 plus an adjustment proportional to any general pay increase granted to judicial branch employees payable in the same manner that salaries of judges of probate are paid. Such payments shall be a charge against the biennial appropriations for the probate court or from funds otherwise unappropriated. Retirement payments as provided in this section shall be in lieu of any rights or benefits under the New Hampshire retirement system to which such judge would otherwise be entitled. Any judge of probate who is a member of the state employees' retirement system or the New Hampshire retirement system may terminate his membership therein and upon termination any accumulated contributions shall be paid over to him on written request. No judge of probate whose membership is not so terminated shall be eligible for payments under this section.
Source.
1979, 255:1. 1987, 384:9, eff. May 26, 1987.