reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:4 - Co-Owners with Right of Survivorship; Requirement of Survival by 120 Hours.

563:4 Co-Owners with Right of Survivorship;  Requirement of Survival by 120 Hours. –
Except as provided in RSA 563:6, if:
I. It is not established by clear and convincing evidence that one of 2 co-owners with right of survivorship survived the other co-owner by 120 hours, 1/2 of the property passes as if one had survived by 120 hours and 1/2 as if the other had survived by 120 hours; and
II. There are more than 2 co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.
Source.
1998, 1:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:5 - Evidence of Death or Status.

563:5 Evidence of Death or Status. –
In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status apply:
I. Death occurs when an individual is determined to be dead under RSA 141-D:2.
II. A certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and of the identity of the decedent.
III. A certified or authenticated copy of any record or report of a governmental official or agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, times, identities, circumstances, and places disclosed by the record or report.
IV. In the absence of prima facie evidence of death under paragraph II or III, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
V. An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of 4 years, during which time that individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
VI. In the absence of evidence disputing the time of death stated on a document described in paragraph II or III, a document described in paragraph II or III that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
Source.
1998, 1:1, eff. Jan. 1, 1999. 2005, 280:5, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:6 - Exceptions.

563:6 Exceptions. –
Survival by 120 hours is not required if:
I. The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
II. The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specific period or expressly requires the individual to survive the event for a specified period; but survival of the event or the specified period shall be established by clear and convincing evidence;
III. The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under the Rule Against Perpetuities; but survival shall be established by clear and convincing evidence; or
IV. The application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition; but survival shall be established by clear and convincing evidence.
Source.
1998, 1:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:8 - Uniformity of Application and Construction.

563:8 Uniformity of Application and Construction. –
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Source.
1998, 1:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:10 - Severability.

563:10 Severability. –
If any provision of this chapter or its application to any persons or circumstance is held invalid, the validity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
1998, 1:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:11 - Applicability.

563:11 Applicability. –
I. An act done before the effective date of this chapter in any proceeding, and any right accrued before the effective date of this chapter shall not be impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before the effective date of this chapter, the provisions remain in force with respect to that right; and
II. Any rule of construction or presumption provided in this chapter shall apply to instruments executed and multiple-party accounts opened before the effective date of this chapter, unless there is a clear indication of a contrary intent.
Source.
1998, 1:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-A - Uniform Testamentary Additions to Trusts Act › Section 563-A:1 - Testamentary Additions to Trusts.

563-A:1 Testamentary Additions to Trusts. –
I. A will may validly devise or bequeath property to the trustee of a trust established or to be established:
(a) During the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or
(b) At the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
II. Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in paragraph I is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised or bequeathed, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
III. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.
Source.
1996, 200:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-A - Uniform Testamentary Additions to Trusts Act › Section 563-A:2 - Effect on Existing Wills.

563-A:2 Effect on Existing Wills. –
This chapter shall apply to a will of a testator who dies after January 1, 1997.
Source.
1996, 200:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-A - Uniform Testamentary Additions to Trusts Act › Section 563-A:3 - Uniformity of Application and Construction.

563-A:3 Uniformity of Application and Construction. –
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Source.
1996, 200:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-A - Uniform Testamentary Additions to Trusts Act › Section 563-A:4 - Short Title.

563-A:4 Short Title. –
This act may be cited as the Uniform Testamentary Additions to Trusts Act.
Source.
1996, 200:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:1 - Short Title.

563-B:1 Short Title. –
This chapter may be cited as the "Uniform Disclaimer of Property Interests Act."
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:2 - Application.

563-B:2 Application. –
This chapter applies to disclaimers of any interest in or power over property, whenever created.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:3 - Definitions.

563-B:3 Definitions. –
For purpose of this chapter, the following definitions shall apply:
(a) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(b) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.
(c) "Disclaimer" means the refusal to accept an interest in or power over property.
(d) "Fiduciary" means a personal representative, administrator, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(e) "Jointly held property" means property held in the name of 2 or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(f) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(g) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.
(h) "Trust" means:
(1) An express trust, charitable or noncharitable, with additions thereto, whenever and however created as defined in RSA 564-A:1; and
(2) A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:4 - Power to Disclaim; General requirements; When Irrevocable.

563-B:4 Power to Disclaim;  General requirements;  When Irrevocable. –
(a) Power to Disclaim.
(1) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(2) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by this chapter, another statute of this state, or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(b) General Requirements.
(1) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in Article 12. In this Article:
(A) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B) "Signed" means, with present intent to authenticate or adopt a record, to;
(i) Execute or adopt a tangible symbol; or
(ii) Attach to or logically associate with the record an electronic sound, symbol, or process.
(2) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(c) When Irrevocable.
(1) A disclaimer becomes irrevocable when it is delivered or filed pursuant to Article 10 or when it becomes effective as provided in Articles 5 through 9, whichever occurs later.
(2) A disclaimer made under this chapter is not a transfer, assignment, or release.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:5 - Disclaimer of Interest in Property.

563-B:5 Disclaimer of Interest in Property. –
(a) In this section:
(1) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
(2) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(b) Except for a disclaimer governed by Article 6 or 7, the following rules apply to a disclaimer of an interest in property:
(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.
(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(3) If the instrument does not contain a provision described in paragraph (2), the following rules apply:
(A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(B) If the disclaimant is an individual, except as otherwise provided in subparagraphs (C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.
(4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:6 - Disclaimer of Rights of Survivorship in Jointly Held Property.

563-B:6 Disclaimer of Rights of Survivorship in Jointly Held Property. –
(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:7 - Disclaimer of Interest by Trustee.

563-B:7 Disclaimer of Interest by Trustee. –
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:8 - Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity.

563-B:8 Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity. –
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(a) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:9 - Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment.

563-B:9 Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment. –
(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:10 - Disclaimer of Power Held in Fiduciary Capacity.

563-B:10 Disclaimer of Power Held in Fiduciary Capacity. –
(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:12 - When Disclaimer Barred or Limited.

563-B:12 When Disclaimer Barred or Limited. –
(a) A disclaimer is barred by a written waiver of the right to disclaim.
(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1) The disclaimant accepts the interest sought to be disclaimed;
(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3) A judicial sale of the interest sought to be disclaimed occurs.
(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e) A disclaimer is barred or limited to the extent that it would impair the ability of the department of health and human services to recover pursuant to Title XIX of the Social Security Act or RSA 126-A, 135, 135-C, 130-A, 143, 143-A, 161, 161-B, 161-C, 161-E, 161-F, 161-H, 161-I, 165, 166, 167, 168-A, 169-B, 169-C, 169-D, 169-F, 170-A, 170-B, 170-E, 170-G, 171-B, 172, or 173-B.
(f) A disclaimer is barred or limited if so provided by law other than this chapter.
(g) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:13 - Tax Qualified Disclaimer.

563-B:13 Tax Qualified Disclaimer. –
Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:14 - Recording of Disclaimer.

563-B:14 Recording of Disclaimer. –
If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in Article 11(g)(2), failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:15 - Application to Existing Relationships.

563-B:15 Application to Existing Relationships. –
Except as otherwise provided in Article 12, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:16 - Supplemented by Other Law.

563-B:16 Supplemented by Other Law. –
(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.
Source.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-B - Uniform Disclaimer of Property Interests Act › Section 563-B:17 - Uniformity of Application and Construction.

563-B:17 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.
2021, 206:2, Pt. VI, Sec. 10, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:1 - Title.

563-C:1 Title. –
This act shall be known as the uniform transfer on death (TOD) security registration act.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:2 - Definitions.

563-C:2 Definitions. –
In this chapter:
I. "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
II. "Person" means an individual, corporation, organization, or other legal entity.
III. "POD" means "pay on death."
IV. "Register," including its derivatives, means to issue a certificate showing the ownership of a certified security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
V. "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker, a bank defined in RSA 383-A:2-201(a)(3) which engages in business in this state and maintains security accounts for customers, a transfer agent or other person acting for or as an issuer of securities.
VI. "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
VII. "Security account" means:
(a) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or
(b) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
VIII. "TOD" means "transfer on death."
Source.
1997, 231:1. 2006, 320:46, eff. Aug. 19, 2006. 2015, 272:36, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:3 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership.

563-C:3 Registration in Beneficiary Form;  Sole or Joint Tenancy Ownership. –
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:4 - Registration in Beneficiary Form; Applicable Law.

563-C:4 Registration in Beneficiary Form;  Applicable Law. –
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:5 - Origination of Registration in Beneficiary Form.

563-C:5 Origination of Registration in Beneficiary Form. –
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:6 - Form of Registration in Beneficiary Form.

563-C:6 Form of Registration in Beneficiary Form. –
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:7 - Effect of Registration in Beneficiary Form.

563-C:7 Effect of Registration in Beneficiary Form. –
The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:8 - Ownership on Death of Owner.

563-C:8 Ownership on Death of Owner. –
On a death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:9 - Protection of Registering Entity.

563-C:9 Protection of Registering Entity. –
I. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
II. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.
III. A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with RSA 563-C:8 and does so in good faith reliance:
(a) On the registration;
(b) On this chapter; and
(c) On information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity.
IV. The protections of this chapter do not extend to a registration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter. The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:10 - Nontestamentary Transfer on Death.

563-C:10 Nontestamentary Transfer on Death. –
I. A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.
II. This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:11 - Terms, Conditions, and Forms for Registration.

563-C:11 Terms, Conditions, and Forms for Registration. –
I. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
II. The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(a) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
(b) Multiple owner-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
(c) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown; or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563-C - Uniform Transfer on Death › Section 563-C:12 - Application of Chapter.

563-C:12 Application of Chapter. –
This chapter applies to registrations of securities in beneficiary form made before or after January 1, 1998, by decedents dying on or after January 1, 1998.
Source.
1997, 231:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:1 - Bonds.

564:1 Bonds. –
I. Every trustee to whom any estate, real or personal, is devised in trust for any person shall give bond to the judge of probate, with sufficient sureties, or without sureties in estates of five thousand dollars or less where the judge finds it in the interest of the estate, in such sum as the judge may order, except as provided in RSA 564:2, conditioned:
(a) That the trustee will make and file in the probate office a true inventory of the real estate, goods, chattels, rights and credits so devised, at such time as the judge shall order.
(b) That the trustee will annually render an account to the judge of the annual income and profit thereof, unless excused by the judge of probate as provided by law.
(c) That at the expiration of the trust the trustee will adjust and settle his or her account with the judge, and pay and deliver over all balances, money, and property with which the trustee has been intrusted.
(d) That the trustee will faithfully execute the trust according to the true intent of the devisor.
II. Except as provided in RSA 564:19, IV, this section shall not apply with respect to any trust exempted from the accounting requirements under RSA 564:19, II.
Source.
RS 168:1. CS 178:1. GS 186:1. GL 205:1. 1879, 49:1. 1881, 52:1. 1889, 32:1. PS 198:1. PL 309:1. RL 363:1. 1947, 264:3. RSA 564:1. 1955, 20:1. 2005, 252:7, eff. Jan. 1, 2006. 2011, 243:3, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:2 - Exemption.

564:2 Exemption. –
No town or city in this state shall be required to give a bond when appointed trustee.
Source.
PS 198:2. PL 309:2. RL 363:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:2-a - Public Trustees.

564:2-a Public Trustees. –
The judge of probate shall be empowered to appoint a suitable person as public trustee to hold office during the court's pleasure whose duty shall be to administer all such small charitable trusts as the court may assign to him, where it is found that the practical difficulties or the unreasonable expense involved in each trust would tend to defeat its purpose, provided, however, that in each instance the trustee of the fund assigned shall give his consent.
Source.
1955, 183:1, eff. June 9, 1955.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:2-b - Citation.

564:2-b Citation. –
Upon application the court may, in its discretion waive publication of citations and notices in such trusts where it is found in the interest of the state.
Source.
1955, 183:2, eff. June 9, 1955.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:2-c - Collective Investments.

564:2-c Collective Investments. –
The public trustee may establish common trust funds, in which may be combined money and property belonging to the various trusts in his care, for the purpose of facilitating investments, providing diversification and obtaining reasonable income; and provided, further, that the participating interests of said trusts are properly evidenced by appropriate bookkeeping entries showing on an annual basis the contribution, the profits, the income, the expenses, the fees and withdrawals allocable to each trust.
Source.
1955, 183:2, eff. June 9, 1955.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:3 - Repealed by 1969, 312:2, eff. Aug. 29, 1969.

564:3 Repealed by 1969, 312:2, eff. Aug. 29, 1969. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:4 - Banks, Etc.

564:4 Banks, Etc. –
Any bank as defined in RSA 383-A:2-201(a)(3) that holds trust powers, may be appointed trustee. Immediately upon the qualification of such a trustee it shall be the duty of the clerk to notify the bank commissioner of such appointment.
Source.
1917, 193:1. PL 309:4. 1933, 67:9. RL 363:4. 2011, 88:20, eff. July 1, 2011. 2015, 272:49, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:5 - Bond of Banks.

564:5 Bond of Banks. –
Except as otherwise provided in RSA 564:1, such trust company or national bank when appointed trustee shall give a surety company bond in such sum as the judge may order.
Source.
1917, 193:3. PL 309:5. RL 363:5. 2011, 243:4, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:6 - Jurisdiction of Probate Court, Acknowledgment of.

564:6 Jurisdiction of Probate Court, Acknowledgment of. –
Any national bank desiring to be appointed trustee shall first file with the attorney general, in such form as he may direct, its consent to an examination of its trust department by the bank commissioners of this state, and acknowledge itself amenable to the jurisdiction of the probate courts of this state.
Source.
1917, 193:4. PL 309:6. RL 363:6.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:7 - Neglect to Give Bond.

564:7 Neglect to Give Bond. –
Any person appointed a trustee who shall neglect or refuse to give bond when required shall be considered as having declined the acceptance of the trust.
Source.
RS 168:3. CS 178:3. GS 186:3. GL 205:3. PS 198:4. PL 309:7. RL 363:7.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:8 - Resignation.

564:8 Resignation. –
A trustee appointed by will or by the judge in pursuance of this chapter may, upon request in writing to the judge, be permitted to resign the trust if the judge thinks it expedient.
Source.
RS 168:4. CS 178:4. GS 186:4. GL 205:4. PS 198:5. PL 309:8. RL 363:8.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:9 - Removal or Replacement.

564:9 Removal or Replacement. –
I. A trustee who, in the opinion of the judge, becomes incompetent, unsuitable, or who shall neglect or refuse to comply with the provisions of this chapter may be removed following a hearing which is preceded by notice to the trustee, all known beneficiaries, and such other persons determined by the judge to be interested in the trust.
II. A beneficiary or co-trustee of a trust who believes that the existing trustee should be replaced by a more suitable trustee may petition the court for such replacement. Upon receiving such a petition, and upon the court's determination that all other known beneficiaries have been notified, the court may remove the existing trustee and appoint a replacement trustee when, upon considering all relevant factors, the court finds that a change in trustee would be in keeping with the intent of the grantor, provided further that in deciding whether to replace a trustee, the court may consider the following additional factors in making such determination:
(a) It would substantially improve or benefit the administration of the trust.
(b) The relationship between the grantor and the trustee as it existed at the time the trust was created.
(c) Changes in the nature of the trustee since the creation of the trust.
(d) The relationship of the trustee with the beneficiaries.
(e) The responsiveness of the trustee to the beneficiaries.
(f) The experience and level of skill of the trustee.
(g) The investment performance of the trustee.
(h) The charges for services performed by the trustee.
(i) Any other reasonable factors pertaining to the administration of the trust.
III. This section shall apply to a trust or trustee of a trust, as defined in RSA 564-A:1.
Source.
RS 168:7. CS 178:7. GS 186:7. GL 205:7. PS 198:8. PL 309:9. RL 363:9. RSA 564:9. 1998, 376:1. 2003, 123:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:10 - Appointing New Trustee.

564:10 Appointing New Trustee. –
If a trustee appointed in a will, no provision being made therein for perpetuating the trust, shall decline to accept it, or shall die, resign or be removed, a trustee may be appointed by the judge in his stead, after notice to the persons interested in the trust estate.
Source.
RS 168:5. CS 178:5. GS 186:5. GL 205:5. PS 198:6. PL 309:10. RL 363:10.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:10-a - Cemetery Trusts.

564:10-a Cemetery Trusts. –
If a trustee appointed in a will over a trust for the benefit of a cemetery lot or lots, for which trustees of trust funds of a city or town may accept trust funds, shall resign, die, or be removed, the court of probate, on petition by the trustees of trust funds of the town or city where said cemetery lot or lots are located, and after notice to all other persons interested, may appoint said trustees of trust funds as trustees of said fund, the same to be held by said trustees as though they were originally bequeathed to the town or city for the uses and purposes in said will set forth.
Source.
1955, 27:1, eff. March 7, 1955.