reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:27 - Attendance Excused.

554:27 Attendance Excused. –
Any person appointed as executor, administrator, trustee or guardian by the probate court, who shall hold an appointment to the same office from a court in another state or territory of competent jurisdiction at least equivalent to that of probate courts in this state, or who shall be a non-resident of this state, may, at the discretion of the judge, have his accounts approved and allowed in the probate courts of this state without his personal attendance; and the judge may receive, as evidence in support of such accounts, affidavits or depositions in such form as he may approve, or duly certified copies of any accounting made by such executor, administrator, trustee or guardian in such other state or territory. For good and sufficient cause shown, the judge may approve and allow the account of a resident fiduciary, which has been subscribed and sworn to before a justice of the peace or notary public, without the personal attendance of the accountant.
Source.
1907, 34:1. PL 300:27. RL 353:27. RSA 554:27. 1963, 165:8, eff. Aug. 19, 1963.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:28 - License to Foreign Executor, Etc.

554:28 License to Foreign Executor, Etc. –
Whenever an executor, administrator, trustee or guardian, duly appointed and acting as such in another state or country, represents a person who owned or is entitled to personal property in this state, he may make petition to the probate court in the county where the property is situated, or, if it is stock in a corporation, to the court in the county where the corporation has its principal place of business, for license to sell, transfer or receive and dispose of the same, and the judge, after such notice as he shall order, if no sufficient objection appears, shall license him to sell, transfer and convey, or to receive and dispose of, such property and shares in the same manner as he might do if appointed under the laws of this state.
Source.
1854, 1529:2. 1866, 4239:1. GS 182:18. GL 201:18. PS 189:23. PL 300:28. RL 353:28.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:29 - Conditions of License.

554:29 Conditions of License. –
Such license shall not be granted until the expiration of six months after the death of the testator or intestate, nor unless it shall appear:
I. That there is no executor, administrator, trustee or guardian, appointed under the laws of this state, entitled to the property;
II. That such foreign executor, administrator, trustee or guardian will be liable for the avails of the property and shares in the state or country where he is appointed;
III. That no creditor or person interested, who is a resident of this state, objects to such license or will be liable to be prejudiced thereby;
IV. That all taxes due to the state have been paid or secured;
V. That he has filed in the probate court authenticated copies of his petition, bond and appointment in such other state or country.
Source.
1854, 1529:2. 1866, 4239:1. GS 182:18. GL 201:18. PS 189:24. PL 300:29. RL 353:29.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:30 - Mortgage of Real Estate.

554:30 Mortgage of Real Estate. –
The judge, on application of the administrator or executor, with the assent of the heirs or devisees or, if minors or under disability, their guardians or conservators, may grant a license to mortgage the real estate of any person deceased, when the personal property shall be insufficient to pay the just demands by law chargeable to the estate, or to make necessary or desirable repairs to preserve such real estate, or where it is otherwise necessary to raise money to facilitate settlement of the estate.
Source.
1957, 167:1, eff. July 1, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:31 - Petition.

554:31 Petition. –
The petition for such license to mortgage shall recite the limits of the principal amount, the interest rate, and the term of the note to secure the mortgage, and said note and mortgage shall be executed by the administrator or executor, and said heirs or devisees, or if minors, their guardians or conservators, who assented to the petition to mortgage.
Source.
1957, 167:1, eff. July 1, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:32 - License.

554:32 License. –
The license shall include the homestead rights and other rights therein, upon consent in writing by the widow or widower of the decedent.
Source.
1957, 167:1. 1971, 179:16, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:33 - Issuance of License.

554:33 Issuance of License. –
No such license shall issue later than two years after the date of the appointment of the administrator or executor, and no license shall be available to sustain a mortgage made by the administrator or executor, under said license unless made within ninety days from the granting thereof.
Source.
1957, 167:1, eff. July 1, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:34 - Proceeds.

554:34 Proceeds. –
The proceeds of such mortgage under license shall be accounted for to the probate court in accordance with the provisions of this title and on approval of the final account, the administrator or executor shall be discharged from liability for said note and mortgage. The executor or administrator shall notify the mortgagee of his discharge.
Source.
1957, 167:1, eff. July 1, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554 - Inventory, Accounts, and Dealing With Assets › Section 554:35 - Foreign Executor.

554:35 Foreign Executor. –
Upon application made by any administrator or executor appointed in another state, whose intestate or testator owned lands in this state, to the judge for the county in which the lands lie, upon compliance with RSA 554:29, a license may be granted said administrator or executor to mortgage such lands as if he had been appointed in this state. Such administrator or executor shall give bond with sufficient sureties resident in this state and in all other respects be entitled to the same rights and subject to the same liabilities as if appointed in this state.
Source.
1957, 167:1, eff. July 1, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:1 - Short Title.

554-A:1 Short Title. –
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:3 - Applicability.

554-A:3 Applicability. –
(a) This chapter applies to:
(1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter;
(2) A personal representative acting for a decedent who died before, on, or after the effective date of this chapter;
(3) A conservatorship or guardianship proceeding commenced before, on, or after the effective date of this chapter; and
(4) A trustee acting under a trust created before, on, or after the effective date of this chapter.
(b) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(c) This chapter shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
(d) This chapter shall not apply to a digital asset that includes protected health information as defined under 45 C.F.R. section 160.103 unless the requirements to access such information under applicable federal and state law are satisfied.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:4 - User Direction for Disclosure of Digital Assets.

554-A:4 User Direction for Disclosure of Digital Assets. –
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:5 - Terms of Service Agreement.

554-A:5 Terms of Service Agreement. –
(a) This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under RSA 554-A:4.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:6 - Procedure for Disclosing Digital Assets.

554-A:6 Procedure for Disclosing Digital Assets. –
(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user's account;
(2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) A subset limited by date of the user's digital assets;
(2) All of the user's digital assets to the fiduciary or designated recipient;
(3) None of the user's digital assets; or
(4) All of the user's digital assets to the court for review in camera.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:7 - Disclosure of Content of Electronic Communications of Deceased User.

554-A:7 Disclosure of Content of Electronic Communications of Deceased User. –
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the death certificate of the user;
(c) A certified copy of the letter of appointment or court order;
(d) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(e) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) Evidence linking the account to the user; or
(3) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (1);
(B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. section 2701 et seq., as amended, 47 U.S.C. section 222, as amended, or other applicable law;
(C) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:8 - Disclosure of Other Digital Assets of Deceased User.

554-A:8 Disclosure of Other Digital Assets of Deceased User. –
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the death certificate of the user;
(c) A certified copy of the letter of appointment or court order; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) Evidence linking the account to the user;
(3) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (1); or
(B) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:9 - Disclosure of Content of Electronic Communications of Principal.

554-A:9 Disclosure of Content of Electronic Communications of Principal. –
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) Evidence linking the account to the principal.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:10 - Disclosure of Other Digital Assets of Principal.

554-A:10 Disclosure of Other Digital Assets of Principal. –
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) Evidence linking the account to the principal.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:11 - Disclosure of Digital Assets Held in Trust When Trustee is Original User.

554-A:11 Disclosure of Digital Assets Held in Trust When Trustee is Original User. –
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:12 - Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User.

554-A:12 Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User. –
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the trust instrument or a certification of the trust under RSA 564-B:10-1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(c) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2) Evidence linking the account to the trust.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:13 - Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.

554-A:13 Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User. –
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the trust instrument or a certification of the trust under RSA 564-B:10-1013;
(c) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2) Evidence linking the account to the trust.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:14 - Disclosure of Digital Assets to Conservator, Guardian of the Estate, or Other Duly Authorized Person of Protected Person.

554-A:14 Disclosure of Digital Assets to Conservator, Guardian of the Estate, or Other Duly Authorized Person of Protected Person. –
(a) After an opportunity for a hearing under RSA 464-A, the court may grant a conservator, guardian of the estate, or any other person access to the digital assets of a protected person.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator, guardian of the estate, or other person so ordered by the court the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator, guardian of the estate, or other person so ordered by the court gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the court order that gives the conservator, guardian of the estate, or other person authority over the digital assets of the protected person; and
(3) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(B) Evidence linking the account to the protected person.
(c) A conservator, guardian of the estate, or other person with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator, guardian of the estate, or other person authority over the protected person's property.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:15 - Fiduciary Duty and Authority.

554-A:15 Fiduciary Duty and Authority. –
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) The duty of care;
(2) The duty of loyalty; and
(3) The duty of confidentiality.
(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) Except as otherwise provided in RSA 554-A:5, is subject to the applicable terms of service;
(2) Is subject to other applicable law, including copyright law;
(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) May not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including RSA 638:17.
(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(1) Has the right to access the property and any digital asset stored in it; and
(2) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including RSA 638:17.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:
(1) If the user is deceased, a certified copy of the death certificate of the user;
(2) A certified copy of the letter of appointment, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) Evidence linking the account to the user; or
(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:16 - Custodian Compliance and Immunity.

554-A:16 Custodian Compliance and Immunity. –
(a) Not later than 60 days after receipt of the information required under RSA 554-A:7 through 554-A:15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under subsection (a) directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. section 2702, as amended.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) This chapter shall not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) Specifies that an account belongs to the protected person or principal;
(2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) Contains a finding required by law other than this chapter .
(f) A custodian and its officers, employees, and agents shall be immune from liability for an act or omission done in good faith in compliance with this chapter.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:17 - Uniformity of Application and Construction.

554-A:17 Uniformity of Application and Construction. –
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act.
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:18 - Relation to Electronic Signatures in Global and National Commerce Act.

554-A:18 Relation to Electronic Signatures in Global and National Commerce Act. –
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
Source.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 554-A:19 - Severability.

554-A:19 Severability. –
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.
2019, 140:1, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 555 - Embezzlements › Section 555:1 - Complaint of Administrator, Etc.

555:1 Complaint of Administrator, Etc. –
Any person suspected of having concealed, embezzled or conveyed away any of the personal estate of a deceased person may, upon complaint of the administrator, an heir, legatee or creditor of the deceased person, be cited to appear before the judge and be examined, under oath, for the discovery of the same.
Source.
RS 160:1. CS 169:1. GS 178:1. GL 197:1. PS 190:1. PL 301:1. RL 354:1.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 555 - Embezzlements › Section 555:2 - Use of Evidence.

555:2 Use of Evidence. –
No evidence elicited on such examination shall be used against the person examined in a criminal prosecution except in a prosecution against him for perjury in such examination.
Source.
RS 160:1. CS 169:1. GS 178:1. GL 197:1. PS 190:1. PL 301:2. RL 354:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 555 - Embezzlements › Section 555:3 - Counsel.

555:3 Counsel. –
Upon the examination the person suspected shall be entitled to employ counsel, who may cross-examine him as to any matter deemed material arising in the course of the investigation.
Source.
GS 178:2. GL 197:2. PS 190:2. PL 301:3. RL 354:3.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 555 - Embezzlements › Section 555:4 - Refusal to Appear, Etc.

555:4 Refusal to Appear, Etc. –
If the person so cited refuses to appear, or to answer interrogatories upon oath respecting the estate, the judge may, by warrant, commit such person to the house of corrections, there to remain until such person consents to answer such interrogatories, or until released by the complainant or by order of the probate court.
Source.
RS 160:2. CS 169:2. GS 178:3. GL 197:3. PS 190:3. PL 301:4. RL 354:4. RSA 555:4. 1992, 284:70, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 555 - Embezzlements › Section 555:5 - Complaint of Guardian, Etc.

555:5 Complaint of Guardian, Etc. –
On a like complaint of a guardian in relation to property of his ward, or on complaint of a creditor, relative or friend of the ward, like proceedings may be had.
Source.
RS 160:3. CS 169:3. GS 178:4. GL 197:4. PS 190:4. PL 301:5. RL 354:5.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:1 - No Action Within Six Months, Etc.

556:1 No Action Within Six Months, Etc. –
No action shall be sustained against an administrator if begun within six months after the original grant of administration, nor unless the demand has been exhibited to the administrator and payment has been demanded.
Source.
RS 161:1. CS 170:1. GS 179:1. GL 198:1. PS 191:1. PL 302:1. RL 355:1. RSA 556:1. 1959, 114:1, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:2 - Notice of Claim.

556:2 Notice of Claim. –
A notice sent to the administrator or his agent by registered mail, setting forth the nature and amount of the claim and a demand for payment, shall be deemed a sufficient exhibition and demand.
Source.
1919, 69:1. PL 302:2. RL 355:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:3 - Exhibition of Demand; Time.

556:3 Exhibition of Demand;  Time. –
No such action shall be sustained unless the demand was exhibited to the administrator within six months after the original grant of administration, exclusive of the time such administration may have been suspended.
Source.
RS 161:2, 3. CS 170:2, 3. GS 179:2, 3. GL 198:2, 3. PS 191:2. 1899, 2:1. PL 302:3. RL 355:3. RSA 556:3. 1959, 114:2, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:4 - No Exhibition Required, When.

556:4 No Exhibition Required, When. –
If the estate has been represented insolvent within said six months no such exhibition shall be necessary to entitle the creditor to have the demand allowed by the commissioner.
Source.
RS 161:4. CS 170:4. GS 179:4. GL 198:4. PS 191:3. PL 302:4. RL 355:4. RSA 556:4. 1959, 114:5, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:5 - Suit Within One Year.

556:5 Suit Within One Year. –
No suit shall be maintained against an administrator for any cause of action against the deceased, unless it is begun within one year next after the original grant of administration, exclusive of the time such administration may have been suspended, except in cases where he has retained estate in his hands for the payment of the claim by order of the judge, and cases provided for by RSA 556:7 and RSA 556:28.
Source.
RS 161:5. CS 170:5. GS 179:5. GL 198:5. PS 191:4. 1899, 2:2. PL 302:5. RL 355:5. RSA 556:5. 1959, 114:3, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:6 - Demands Not Due, Etc.

556:6 Demands Not Due, Etc. –
Demands against an estate not due, and demands depending on a contingency, may be filed in the court of probate, and the judge, after due notice, may require the administrator to retain in his hands, on settlement of his account, such sum as may be necessary to pay them; unless the widow, heirs or legatees shall give bond to the judge for the payment thereof when due or when the contingency shall happen.
Source.
RS 161:6. CS 170:6. GS 179:6. GL 198:6. PS 191:5. PL 302:6. RL 355:6.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:7 - Right of Action Surviving.

556:7 Right of Action Surviving. –
If a right of action existed in favor of or against the deceased at the time of his death, and survives, an action may be brought by or against the administrator at any time within one year after the original grant of administration.
Source.
RS 161:7. CS 170:7. GS 179:7. GL 198:7. PS 191:6. PL 302:7. RL 355:7. RSA 556:7. 1959, 114:4, eff. Jan. 1, 1960.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:8 - Repealed by 2010, 189:5, I, eff. Jan. 1, 2011.

556:8 Repealed by 2010, 189:5, I, eff. Jan. 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:9 - Survival of Tort Actions.

556:9 Survival of Tort Actions. –
Actions of tort for physical injuries to the person, although inflicted by a person while committing a felony, and the causes of such actions, shall survive to the extent, and subject to the limitations, set forth in RSA 556:10-14, and not otherwise.
Source.
1850, 953:7. CS 150:66. GS 264:14. GL 282:14. 1879, 35:1. 1885, 11:1. 1887, 71:1. PS 191:8. PL 302:9. RL 355:9.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:10 - Pending Actions.

556:10 Pending Actions. –
If such an action is pending at the time of the decease of one of the parties it shall abate and be forever barred, unless the administrator of the deceased party, if the deceased was plaintiff, shall appear and assume the prosecution of the action before the end of the second term after the decease of such party, or, if the deceased party was defendant, unless the plaintiff shall procure a scire facias to be issued to the administrator of the deceased party before the end of the second term after the original grant of administration upon his estate. Provided, that in the latter case, the administrator shall forthwith notify in writing the adverse party or his attorney of record of such death and grant of administration, and such action shall not be barred until the end of the second term after the giving of such notice. Such notice shall be by registered mail, return receipt requested, and such administrator shall file an affidavit in the probate court, showing compliance with the provisions thereof, provided further however, that any justice of the superior court shall for good cause shown grant leave from any of the foregoing provisions as justice may require.
Source.
PS 191:9. PL 302:10. RL 355:10. 1951, 88:1, eff. April 26, 1951.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:11 - New Action.

556:11 New Action. –
If an action is not then pending, one may be brought for such cause at any time within 6 years after the death of the deceased party, subject to the provisions of RSA 508.
Source.
1887, 71:3. PS 191:10. PL 302:11. RL 355:11. RSA 556:11. 1983, 177:1, eff. Aug. 9, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:12 - Damages for Wrongful Death, Elements.

556:12 Damages for Wrongful Death, Elements. –
I. If the administrator of the deceased party is plaintiff, and the death of such party was caused by the injury complained of in the action, the mental and physical pain suffered by the deceased in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the injury, and the capacity to earn money during the deceased party's probable working life, may be considered as elements of damage in connection with other elements allowed by law, in the same manner as if the deceased had survived.
II. In addition, the trier of fact may award damages to a surviving spouse of the decedent for the loss of the comfort, society, and companionship of the deceased; however, where fault on the part of the decedent or the surviving spouse is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. In no event shall damages awarded under this paragraph exceed $150,000.
III. In addition, where the decedent is a parent of a minor child or children, the trier of fact may award damages to such child or children for the loss of familial relationship, whether caused intentionally or by negligent interference; where the decedent is a minor child with a surviving parent or parents, the trier of fact may award damages to such parent or parents for the loss of familial relationship, whether caused intentionally or by negligent interference. However, where fault on the part of the decedent or the claimant is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. For purposes of this paragraph, loss of familial relationship shall include the loss of the comfort, society, affection, guidance, and companionship of the deceased. In no event shall damages awarded under this paragraph exceed $50,000 per individual claimant.
Source.
1887, 71:1. PS 191:12. PL 302:12. RL 355:12. RSA 556:12. 1971, 490:1. 1997, 260:1. 1998, 348:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:13 - Limitation of Recovery.

556:13 Limitation of Recovery. –
The damages recoverable in such an action shall not exceed fifty thousand dollars except in cases where the plaintiff's decedent has left either a widow, widower, child, father, mother, or any relative dependent on the plaintiff's decedent in which event there shall be no limitation. In the trial of such an action the jury shall not be informed of the limitation, if any, imposed by this section and if the jury awards damages in excess of such limitation, the court shall reduce the amount of damages awarded to conform to such limitation.
Source.
PS 191:11. 1913, 201:1. PL 302:13. RL 355:13. 1949, 254:1. RSA 556:13. 1957, 91:1. 1963, 98:1. 1967, 344:1. 1971, 490:2. 1973, 142:1, eff. July 21, 1973.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:14 - Distribution of Damages.

556:14 Distribution of Damages. –
In such cases, the damages recovered, less the expenses of recovery, expenses of administration, taxes or other debts as approved by the probate court, shall become a part of the decedent's estate and be distributed in accordance with the applicable provisions of law.
Source.
PS 191:13. 1893, 67:5. 1923, 107:1. PL 302:14. 1935, 80:1. RL 355:14. RSA 556:14. 1971, 490:3, eff. Aug. 31, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:15 - Survival of Other Actions.

556:15 Survival of Other Actions. –
All other actions and causes of action existing in favor of or against a deceased person, except those for the recovery of penalties and forfeitures of money under penal statutes, shall survive, and may be prosecuted or defended by his administrator.
Source.
RS 161:16, 20; 186:14. 1844, 139:1. CS 170:16, 20; 198:14. GS 179:16, 20; 207:11, 12. GL 198:16, 20; 226:11, 12. 1885, 11:1. PS 191:14. PL 302:15. RL 355:15.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:16 - Real Actions.

556:16 Real Actions. –
The administrator, as such, may maintain any action necessary and proper to be brought in relation to real estate set off to him for debts due the estate, and to the real estate of the deceased in cases of insolvency, until the administration is closed.
Source.
RS 161:19. CS 170:19. GS 179:19. GL 198:19. PS 191:15. PL 302:16. RL 355:16.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:17 - Real Actions Pending.

556:17 Real Actions Pending. –
The administrator, as such, may prosecute and defend all real actions pending at the decease of the testator or intestate.
Source.
RS 161:20. CS 170:20. GS 179:20. GL 198:20. PS 191:16. PL 302:17. RL 355:17.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:18 - Appeals.

556:18 Appeals. –
Any appeal to which the deceased was entitled, or which might be prosecuted against him at the time of his decease, may be begun or prosecuted by or against his administrator.
Source.
RS 161:16. 1844, 139:1. CS 170:16. GS 179:16. GL 198:16. PS 191:17. PL 302:18. RL 355:18.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:19 - Action by Interested Person.

556:19 Action by Interested Person. –
Any person interested in the estate of a person deceased may begin an action as administrator, which shall not be abated nor the attachment lost because such person is not administrator, nor by his decease, if the administrator then or afterward appointed shall, at the first or second term of the court, indorse the writ and prosecute it as plaintiff.
Source.
RS 161:10. CS 170:10. GS 179:10. GL 198:10. PS 191:18. PL 302:19. RL 355:19.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:20 - Administrator's Death, Etc.

556:20 Administrator's Death, Etc. –
An action in which an administrator is party shall not be abated by reason of his death, or of the extinguishment or revocation of his trust, but may be prosecuted or defended by the administrator succeeding to the trust, who may be called into court by scire facias, in the same manner and with the like effect as upon the death of other parties.
Source.
RS 161:11. CS 170:11. GS 179:11. GL 198:11. PS 191:19. PL 302:20. RL 355:20.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:21 - Joint Demands.

556:21 Joint Demands. –
The estate of a person deceased and the administrator thereof shall be liable upon joint demands against the deceased and another person, as they would be if the demands were joint and several, unless it appears that it was the intention of the parties that the survivor only should be liable.
Source.
RS 161:14. CS 170:14. GS 179:14. GL 198:14. PS 191:20. PL 302:21. RL 355:21.