reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:19-c - Retired Judges of Probate.

547:19-c Retired Judges of Probate. –
Each judge of the probate court retired therefrom by age limitation who has served on such court shall upon retirement become a referee. Such referees shall be empowered to act as such in the probate courts, and their powers and the procedures for hearings before them shall be determined by statute or rule of court. Such referees shall be allowed their expenses and a per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule.
Source.
1979, 409:1. 1992, 284:55, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:19-d - Retirement at Age 65.

547:19-d Retirement at Age 65. –
Any judge of probate, who is not a full-time judge under the provisions of RSA 547:2-a, who retires upon becoming 65 years old after having served in such capacity for at least 20 years, shall receive thereafter and until his death a salary equal to
3/4 of the sum of $19,102 plus an adjustment proportional to any general pay increase granted to judicial branch employees. Such payments shall be a charge against the biennial appropriations for the probate court, and shall be included by the administrative office of the courts in its request for appropriations. Retirement payments as provided in this section shall be in lieu of any rights or benefits under the New Hampshire retirement system to which such judge would otherwise be entitled. Any judge of probate who is a member of the state employees' retirement system or the New Hampshire retirement system may terminate his membership therein and upon termination any accumulated contributions shall be paid over to him on written request. No judge of probate whose membership is not so terminated shall be eligible for payments under this section.
Source.
1981, 385:1. 1987, 384:10, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:20 - At Dwelling-house, Etc.

547:20 At Dwelling-house, Etc. –
The judge may attend at the dwelling-house or in the neighborhood of the residence of an administrator, guardian, trustee or other person who shall be unable, by reason of sickness or other sufficient cause, to attend the court of probate at the time and place appointed by law, whenever the personal attendance of such person is required.
Source.
RS 152:14. CS 161:14. GS 170:13. GL 189:13. PS 182:19. PL 293:20. RL 346:20.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:21 - Adjournment.

547:21 Adjournment. –
He may adjourn his court for the transaction of any business to any convenient time and place.
Source.
RS 151:16. CS 161:16. GS 170:15. GL 189:15. PS 182:20. PL 293:21. RL 346:21.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:22 - Repealed by 1987, 384:15, I, eff. May 26, 1987.

547:22 Repealed by 1987, 384:15, I, eff. May 26, 1987. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:22-a - Transitional Adjustment.

547:22-a Transitional Adjustment. –
Notwithstanding RSA 491-A:4, judges of probate who are not full-time judges under RSA 547:2-a and who were appointed prior to the effective date of this section shall receive as annual salary for a period of 10 years either (a) the sum of $19,102 plus 50 percent of the total amount of special session fee income received in 1985; or (b) the salary established for such judge through the application of the weighted caseload compensation schedule set forth in RSA 491-A:4, plus 50 percent of the total amount of special session fee income received in 1985; whichever is greater. After 10 years, these judges shall be compensated by application of the weighted caseload compensation schedule pursuant to RSA 491-A:4.
Source.
1987, 384:4, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:22-b - Probate Court Judges Expenses.

547:22-b Probate Court Judges Expenses. –
The judges shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The judges shall not be reimbursed for mileage to commute from the judge's residence to their assigned court except for any mileage in excess of 50 miles each way.
Source.
2004, 91:4, eff. July 6, 2004. 2009, 60:5, eff. Aug. 2, 2009.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:23 - Repealed by 1987, 384:15, II, eff. May 26, 1987.

547:23 Repealed by 1987, 384:15, II, eff. May 26, 1987. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:24 - Other Compensation Prohibited.

547:24 Other Compensation Prohibited. –
The judge shall not receive any compensation directly or indirectly for services by him rendered relating to any probate business, except his salary and any per diem compensation as provided by law.
Source.
1866, 4251:1. GS 170:19. 1876, 42:1. GL 189:20. PS 182:24. PL 293:24. RL 346:24. RSA 547:24. 1987, 384:11, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:25 - Repealed by 1987, 384:15, III, eff. May 26, 1987.

547:25 Repealed by 1987, 384:15, III, eff. May 26, 1987. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:26 - Depositions.

547:26 Depositions. –
The deposition of any witness or other person who may be required to be sworn before the judge, and who shall live out of the state, or who shall be unable to appear and testify by reason of infirmity or other sufficient cause, may be taken before any person duly authorized by the judge.
Source.
RS 152:17. CS 161:17. GS 170:16. GL 189:17. PS 182:22. PL 293:25. RL 346:25.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:27 - Repealed by 2011, 88:29(29), eff. July 1, 2011.

547:27 Repealed by 2011, 88:29(29), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:27-a - Docket and Index.

547:27-a Docket and Index. –
The probate court shall keep a docket of all cases and matters, and an index thereto which shall be open to public inspection at all reasonable times.
Source.
2011, 88:12, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:27-b - Records.

547:27-b Records. –
I. The probate court shall appropriately retain all wills and their probate; all proceedings with regard to real estate; all accounts settled, and all orders, decisions, and appointments from which an appeal may be claimed.
II. The probate court, subject to the approval of the supreme court, shall establish and implement retention and destruction schedules for those original files, papers, and records in cases and matters disposed of by the court.
Source.
2011, 88:12, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:27-c - Probate Court Entry Fees.

547:27-c Probate Court Entry Fees. –
I. Entry fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of each applicable circuit court established in RSA 490-F for the benefit of the state.
II. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 30 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.
Source.
2011, 88:12, eff. July 1, 2011. 2013, 88:6, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:28 - Penalty.

547:28 Penalty. –
Any judge who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
Source.
1866, 4251:4. GS 170:21. GL 189:22. PS 182:25. PL 293:27. RL 346:27. RSA 547:28. 1973, 529:125, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:29 - Service of Process.

547:29 Service of Process. –
Sheriffs, deputy sheriffs and constables are required to serve any legal process to them directed by a judge of probate.
Source.
RS 152:18. CS 161:18. GS 170:17. GL 189:18. PS 182:26. PL 293:28. RL 346:28.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:30 - Transfer of Questions of Law to Supreme Court.

547:30 Transfer of Questions of Law to Supreme Court. –
In any case, matter or proceeding in a court of probate, the court at any time may certify to the supreme court any questions or propositions of law concerning which instructions are desired for the proper decision of any matter before it and thereupon the supreme court may give binding instructions on the questions and propositions certified.
Source.
1947, 90:1. RL 346:29.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:31 - Stenographer.

547:31 Stenographer. –
The judge of probate may employ a stenographer who shall make a stenographic record of any contested proceeding.
Source.
1949, 76:1. RL 346:30.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:32 - Compensation.

547:32 Compensation. –
Such stenographer when so employed shall be allowed the same compensation as a stenographer appointed by the superior court who is not on salary and shall be reimbursed for his actual expenses when away from home, and the same shall be paid by the state; provided that the court, in its discretion, may charge such stenographic expense to the parties involved or may apportion such stenographic expense among the state and the parties involved if, in the judgment of the court, the financial circumstances of the parties warrant such a change or apportionment.
Source.
1949, 76:1. RL 346:31. RSA 547:32. 1975, 395:7. 1983, 383:52, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:33 - Rules and Forms.

547:33 Rules and Forms. –
The judges of the probate courts or a majority of them shall from time to time make rules for regulating the practice and for conducting the business in their courts in all cases not expressly provided for by law and shall prescribe forms, and, as soon as convenient after making or prescribing them, shall submit a copy of their rules, forms and course of proceedings to the supreme court, which may alter and amend them, and from time to time make such other rules and forms for regulating the proceedings in the probate court as it considers necessary in order to secure regularity and uniformity.
Source.
1957, 139:1, eff. July 22, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:34 - Repealed by 1979, 159:1, eff. Aug. 5, 1979.

547:34 Repealed by 1979, 159:1, eff. Aug. 5, 1979. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:35 - Notice of Hearings, Etc.

547:35 Notice of Hearings, Etc. –
The supreme court and the probate courts shall make rules requiring notice of any hearing, motion or other proceeding before said courts to be given to parties interested or to the attorneys of record thereof.
Source.
1957, 139:1, eff. July 22, 1957.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:36 - Repealed by 1979, 159:1, eff. Aug. 5, 1979.

547:36 Repealed by 1979, 159:1, eff. Aug. 5, 1979. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:37 - Retired Judges as Masters; Special Masters.

547:37 Retired Judges as Masters;  Special Masters. –
I.
Appointment in Contested Cases. A probate judge may appoint as a master in any contested case such former judge of the probate court as has retired therefrom by age limitation when to do so will expedite the business of the court. If a probate judge is unable for any cause to sit in any case, a member of the Bar of New Hampshire who is a disinterested justice of the peace, or a disinterested justice or special justice from a district court, attending upon written request of the sitting judge and approval of the administrative judge of the probate court, may hear as master and make recommendations as to the disposition of the case. Said appointed special master shall keep a record of the case, which shall be kept with and constitute a part of the records of said court, all of which shall be approved by the judge of said court before the order is issued.
II.
Compensation. Such master or special master when sitting as master shall be allowed per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule, plus reasonable expenses. If the parties are indigent, the probate court, in its discretion, may assess such charges against the state; provided, however, that all bills submitted by the master for compensation shall first be submitted to the probate judge for approval.
Source.
1979, 284:1. 1983, 383:53. 1992, 284:56, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547 - Judges of Probate and Their Jurisdiction › Section 547:38 - Repealed by 2011, 88:29(30), eff. July 1, 2011.

547:38 Repealed by 2011, 88:29(30), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:1 - Purpose.

547-B:1 Purpose. –
The purpose of this chapter is to provide guardianship and protection services where such services are required by law and are otherwise unavailable.
Source.
1983, 409:1, eff. Sept. 1, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:2 - Program Established.

547-B:2 Program Established. –
There is hereby established a public guardianship and protection program which shall operate in accordance with the provisions of this chapter.
Source.
1983, 409:1, eff. Sept. 1, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:3 - Appointment of Guardian.

547-B:3 Appointment of Guardian. –
I. Notwithstanding any other provision of law to the contrary, when nomination of a guardian is required under RSA 135-C:60 or RSA 171-A:10, and there is no relative, friend, or other interested person available, willing, and able to serve in such a capacity, the probate court may appoint the public guardianship and protection program as guardian of the person, estate, or both person and estate, as may be deemed appropriate.
II. In other instances when guardianship services are required and there is no relative, friend, or other interested person available, willing, and able to serve in such a capacity, the probate court may appoint the public guardianship and protection program as guardian of the person, estate, or both person and estate, as may be deemed appropriate, provided that there are funds available to pay for such services.
Source.
1983, 409:1. 1994, 248:6, eff. June 2, 1994.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:4 - Powers and Duties.

547-B:4 Powers and Duties. –
Except as limited by law or court order, the public guardianship and protection program shall have the same powers and duties as those granted to private guardians or conservators, pursuant to RSA 464-A. The public guardianship and protection program shall file annual reports with the probate court for each person for whom it is appointed guardian or co-guardian as provided in RSA 547-B:5. The reports shall be reviewed by the court to insure that the public guardianship and protection program is complying with all requirements of state and federal law, that the ward is receiving appropriate care and services, and that the highest ethical standards are being maintained.
Source.
1983, 409:1, eff. Sept. 1, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:5 - Appointment of Co-Guardian.

547-B:5 Appointment of Co-Guardian. –
At the request of a relative, friend, or other interested party, the public guardianship and protection program may, in the discretion of the probate court, be appointed co-guardian. Both co-guardians shall make themselves readily available to each other to consult with each other, to gather and share all relevant information, and to plan and decide procedures which execute the powers and duties assigned by the appointing court. Disagreements shall be resolved upon petition by decision of the court, prior to which emergency decisions by the public guardianship and protection program shall prevail. Absence or unavailability of either co-guardian empowers the other to act in the capacity of guardian.
Source.
1983, 409:1, eff. Sept. 1, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:6 - Contract for Program Services.

547-B:6 Contract for Program Services. –
I. The department of health and human services, with the approval of the governor and council, shall contract with one or more organizations approved by the New Hampshire supreme court which shall be designated the public guardianship and protection program and which shall provide guardianship services pursuant to RSA 464-A, as required by RSA 135-C:60 and RSA 171-A:10. The contract shall fix the cost per guardianship and shall permit the contracting organization to subcontract for such consulting services as may be necessary to carry out the program's guardianship responsibilities. The compensation for operation of the public guardianship and protection program shall be such sums as may be fixed by the contract, subject to the appropriations made therefor.
II. The contract may provide for protection services other than guardianship services when such services are consistent with the intent of RSA 464-A. The contract shall set forth an appropriate rate for such services, if provided. Such protective services may include, but not be limited to, power of attorney, client representation, or service as a conservator, representative or protective payee, but shall not include direct service delivery.
Source.
1983, 291:1, I; 409:1. 1994, 248:7. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:7 - Services to Other Clients.

547-B:7 Services to Other Clients. –
Nothing in this chapter shall prevent an organization designated as a public guardianship and protection program from providing guardianship or other services to any individual when such services are not mandated by RSA 135-C:60 or RSA 171-A:10, except that no funds furnished under a contract entered into pursuant to RSA 547-B:6 shall be expended for services provided to such other individuals.
Source.
1983, 409:1. 1994, 248:8, eff. June 2, 1994.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-B - Public Guardianship and Protection Program › Section 547-B:8 - Costs of Services.

547-B:8 Costs of Services. –
Except in cases of indigency as determined by the probate court, the cost of services rendered under this chapter shall be borne solely by the person or the estate of such person receiving such services. The office of reimbursements established by RSA 126-A:33 is hereby authorized to seek reimbursement from such person or the estate of such person for the actual cost to the state of services rendered.
Source.
1983, 409:1. 1995, 310:14, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:1 - Parties.

547-C:1 Parties. –
Any person owning a present undivided legal or equitable interest or estate in real or personal property (hereinafter called "property"), not subject to redemption, or the holder of an equity of redemption shall be entitled to have partition or division in the manner hereinafter provided. If such interest or estate is in fee, he or she shall be entitled to partition or division in fee; if a life estate or a term for years, he or she shall be entitled to partition or division thereof to continue so long as his or her estate or interest endures. A life tenant, remainderman, or a tenant for years of whose term at least 20 years remains unexpired may, in the exercise of the court's equitable powers, have partition of the fee. The existence of a lease of the whole or a part of the property to be divided shall not prevent partition or division, but such partition or division shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants.
Source.
1992, 284:57. 2000, 232:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:2 - Petition.

547-C:2 Petition. –
A petition may be filed by such person in the superior or probate court in the county in which the property or any part of the property lies or is then located, particularly describing the property, the names of all owners or persons interested, if known, and the share or interest of the petitioner in the property and praying for partition or division of the property; provided, however, where there is a related pending matter in either court, jurisdiction for the related partition action shall lie with the court having jurisdiction over the underlying matter; and provided further that in any such case where the right to a trial by jury is guaranteed by the constitution and is claimed by any party, jurisdiction shall lie exclusively in the superior court. Upon petition or upon its own motion, the court may cause any property to be partitioned or divided and awarded or assigned in accordance with procedures described in this chapter. Nothing in this chapter is intended to abrogate common law or statutory authority of the superior and district courts to adjudicate issues of personal property between parties engaged in litigation before those courts.
Source.
1992, 284:57. 2000, 232:2, eff. Jan. 1, 2001. 2008, 109:7, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:3 - Repealed by 2008, 109:10, II, eff. July 27, 2008.

547-C:3 Repealed by 2008, 109:10, II, eff. July 27, 2008. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:4 - Owner Unknown.

547-C:4 Owner Unknown. –
If the persons interested in any such property with the petitioner are unknown, it shall be described in the petition in the same manner as is required in the case of taxing unimproved lands of nonresidents, specifying the share held by each petitioner, and stating that it is held with persons unknown.
Source.
1992, 284:57. 2000, 232:4, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:5 - Notice.

547-C:5 Notice. –
The petitioner shall give notice to all persons interested in the property, by causing the petition and order of notice thereon to be served on each in the same manner that writs of summons are required to be served.
Source.
1992, 284:57. 2000, 232:5, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:6 - Publication of Petition.

547-C:6 Publication of Petition. –
If any petitionee or his residence is unknown, or if petitionee resides out of the state and has not had personal notice, the court shall order publication of the petition and order of notice, and may fix the time of the last publication.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:7 - Additional Notice.

547-C:7 Additional Notice. –
If any petitioner is absent at the time of the service of the petition, and has not returned, and does not appear at the sitting of the court at which the petition is entered, it may be continued and further notice ordered.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:8 - Appointing Agents.

547-C:8 Appointing Agents. –
If any petitionee is a minor, or otherwise incapacitated to take care of his estate, partition shall not be made until a guardian or agent has been appointed. Such guardian or agent may be appointed by the court.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:9 - Petitionee-Owner Unknown.

547-C:9 Petitionee-Owner Unknown. –
If any petitionee is unknown the court may, in its discretion, appoint an agent to aid and advise in petitionee's behalf in making the partition or division.
Source.
1992, 284:57. 2000, 232:6, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:10 - Trial of Issues.

547-C:10 Trial of Issues. –
Matters alleged in the petition may be denied or avoided by the petitionee by plea, and further proceedings may be had, and an issue of fact or of law made and tried, as upon a writ at common law or a bill in equity, and the court shall have full power to determine the respective interests of all the parties; or the petitionee may file a plea denying that the petitionee holds any part of the property with the petitioner, with a brief statement of matters in defense.
Source.
1992, 284:57. 2000, 232:7, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:11 - Judgment for Partition.

547-C:11 Judgment for Partition. –
If the issue is determined in favor of the petitioner, or if after notice the petitionee does not appear, or if no sufficient objection is made, the court shall render judgment that partition be made, and shall by decree set off and assign to the petitioner or petitionee their shares according to their respective rights, titles, or interests, and award costs, as the court deems equitable and just. In so doing, with an appropriate pleading, the court may also quiet title in discharge or extinguishment of any right, title, or interest that may otherwise unlawfully or inequitably encumber or burden the real estate as fully and completely as a court of general equity may do. The court shall make such partition as it decrees by metes and bounds or other distinct description. The partition shall be recorded at the registry of deeds for the county where the real estate lies.
Source.
1992, 284:57. 2000, 232:8, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:12 - Repealed by 2000, 232:18, I, eff. Jan. 1, 2001.

547-C:12 Repealed by 2000, 232:18, I, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:13 - Repealed by 2000, 232:18, II, eff. Jan. 1, 2001.

547-C:13 Repealed by 2000, 232:18, II, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:14 - Repealed by 2000, 232:18, III, eff. Jan. 1, 2001.

547-C:14 Repealed by 2000, 232:18, III, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:15 - Repealed by 2000, 232:18, IV, eff. Jan. 1, 2001.

547-C:15 Repealed by 2000, 232:18, IV, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:16 - Repealed by 2000, 232:18, V, eff. Jan. 1, 2001.

547-C:16 Repealed by 2000, 232:18, V, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:17 - Against Petitioner.

547-C:17 Against Petitioner. –
If on the trial of an issue involving property, as provided in RSA 547-C:10, it is determined that the petitioner has no share or interest in the property, or less than the petitioner claims, the petitionee shall recover the taxable costs of such trial.
Source.
1992, 284:57. 2000, 232:10, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:18 - Failure to Enter, Etc.

547-C:18 Failure to Enter, Etc. –
If the petitioner fails to enter or prosecute his or her petition, costs shall be awarded in favor of all the petitionees upon whom service was made.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:19 - Petition.

547-C:19 Petition. –
If there is no dispute, a petition for partition shall be filed in the county where the property or the greater part thereof lies or is then located. The judge shall appoint a time and place of hearing on the petition.
Source.
1992, 284:57. 2000, 232:11, eff. Jan. 1, 2001. 2008, 109:8, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:20 - Notice.

547-C:20 Notice. –
Notice of the petition and hearing shall be given to all parties interested, by giving to each in hand, or leaving at their abode, an attested copy of the petition and order of notice, at least 14 days before the day of hearing, or by causing the same to be published.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:21 - Procedure.

547-C:21 Procedure. –
If on the hearing no sufficient objection appears, the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons unknown or out-of-state, interested in the property, and render judgment and award costs thereon, in the manner prescribed in this chapter.
Source.
1992, 284:57. 2000, 232:12, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:22 - Unequal Division and Sale.

547-C:22 Unequal Division and Sale. –
Whenever property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience, the whole or a part of the property may be assigned to one of them, the assignee paying to the others who have less than their share such sums as the court shall award or order.
Source.
1992, 284:57. 2000, 232:13, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:23 - Repealed by 2000, 232:18, VI, eff. Jan. 1, 2001.

547-C:23 Repealed by 2000, 232:18, VI, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:24 - Repealed by 2000, 232:18, VII, eff. Jan. 1, 2001.

547-C:24 Repealed by 2000, 232:18, VII, eff. Jan. 1, 2001. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:25 - Sale.

547-C:25 Sale. –
When the proceedings are pending, if it is alleged in the petition that the property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience and the court so finds, the court may order it to be sold and the proceeds from the sale to be divided among the owners according to their respective rights, titles, or interests, and may make all other orders that may be necessary to cause such sale and the distribution of the proceeds, as a court of equity may do in like cases.
Source.
1992, 284:57. 2000, 232:14, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:26 - Distribution Deferred.

547-C:26 Distribution Deferred. –
When it appears that an owner not residing within the territorial limits of the United States of America or any territorial possession thereof would not have the benefit or use or control of such proceeds due them and that special circumstances make it desirable that delivery of such proceeds to them be deferred, the court may order that such proceeds be paid to the state to be invested by the state treasurer and handled subject to such further order as such court may enter; provided a reasonable fee, as allowed by the court, of the attorney for any such owner shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the state treasurer.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:27 - Further Notice.

547-C:27 Further Notice. –
If due notice to the petitionees has not been given, the court may continue the case and order such further notice of the pendency thereof as it may deem just, and when the order has been complied with it shall proceed with such division.
Source.
1992, 284:57, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:28 - Mortgagees, Etc.

547-C:28 Mortgagees, Etc. –
No partition or division of property shall be avoided by any conveyance made by a petitionee after the entry of the petition therefor, nor by any conveyance or other disposition, unless duly recorded or effected at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, nor by the death of either party; but the share or interest of each petitioner shall be set off in severalty, and be subject to all legal claims thereon, as if the claimant had been a party thereto.
Source.
1992, 284:57. 2000, 232:15, Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:29 - Award.

547-C:29 Award. –
In entering its decree the court may, in its discretion, award or assign the property or its proceeds on sale as a whole or in such portions as may be fair and equitable. In exercising its discretion in determining what is fair and equitable in a case before it, the court may consider: the direct or indirect actions and contributions of the parties to the acquisition, maintenance, repair, preservation, improvement, and appreciation of the property; the duration of the occupancy and nature of the use made of the property by the parties; disparities in the contributions of the parties to the property; any contractual agreements entered into between the parties in relation to sale or other disposition of the property; waste or other detriment caused to the property by the actions or inactions of the parties; tax consequences to the parties; the status of the legal title to the property; and any other factors the court deems relevant.
Source.
1992, 284:57. 2000, 232:16, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 547-C - Partition of Real Estate › Section 547-C:30 - Construction.

547-C:30 Construction. –
Proceedings under this chapter shall be remedial in nature. The provisions of this chapter are to be liberally construed in favor of the exercise of broad equitable jurisdiction by the court in any proceeding pending before it.
Source.
2000, 232:16, eff. Jan. 1, 2001. 2008, 109:9, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:1 - Residence, Etc.

548:1 Residence, Etc. –
The register of probate shall dwell in the county in which the probate records are required to be kept. If a register shall dwell in any other county and continue so dwelling for 30 consecutive days, the office shall be deemed vacant.
Source.
1843, 56:1. CS 162:12. GS 171:11. GL 190:11. PS 183:1. 1897, 8:1. PL 294:1. RL 347:1. RSA 548:1. 1993, 190:5, eff. Jan. 1, 1994. 2011, 88:13, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:2 - Repealed by 2011, 88:29(31), eff. July 1, 2011.

548:2 Repealed by 2011, 88:29(31), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:3 - Repealed by 2011, 88:29(32), eff. July 1, 2011.

548:3 Repealed by 2011, 88:29(32), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:4 - Repealed by 2011, 88:29(33), eff. July 1, 2011.

548:4 Repealed by 2011, 88:29(33), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:4-a - Repealed by 2011, 88:29(34), eff. July 1, 2011.

548:4-a Repealed by 2011, 88:29(34), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:5 - Preservation of Files.

548:5 Preservation of Files. –
The register of probate shall be responsible for coordinating with the secretary of state and the administrative judge of the circuit court established in RSA 490-F the preservation of any closed files having the potential for historical significance. The register may recommend that these files be sent to the records center established under RSA 5. The register of probate shall maintain a current index describing the location of any files which have been removed from the court pursuant to this section.
Source.
1849, 840:2. CS 162:6. GS 171:5. GL 190:5. PS 183:7. PL 294:7. RL 347:7. RSA 548:5. 1967, 184:1. 1992, 284:58, eff. Jan. 1, 1993. 2011, 88:14, eff. July 1, 2011. 2017, 15:1, eff. June 16, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:5-a - Repealed by 2011, 88:29(35), eff. July 1, 2011.

548:5-a Repealed by 2011, 88:29(35), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:6 - Repealed by 2011, 88:29(36), eff. July 1, 2011.

548:6 Repealed by 2011, 88:29(36), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:7 - Repealed by 1995, 277:26, II, eff. Aug. 19, 1995.

548:7 Repealed by 1995, 277:26, II, eff. Aug. 19, 1995. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:7-a - Repealed by 2011, 88:29(37), eff. July 1, 2011.

548:7-a Repealed by 2011, 88:29(37), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:8 - Repealed by 2011, 88:29(38), eff. July 1, 2011.

548:8 Repealed by 2011, 88:29(38), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:9 - Repealed by 2011, 88:29(39), eff. July 1, 2011.

548:9 Repealed by 2011, 88:29(39), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:10, 548:11 - Repealed by 1957, 139:2, eff. July 22, 1957.

548:10, 548:11 Repealed by 1957, 139:2, eff. July 22, 1957. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:12 - Repealed by 1963, 127:3, eff. Aug. 9, 1963.

548:12 Repealed by 1963, 127:3, eff. Aug. 9, 1963. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:13 - Repealed by 1997, 100:12, eff. Jan. 1, 1998.

548:13 Repealed by 1997, 100:12, eff. Jan. 1, 1998. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:14 - Repealed by 2011, 88:29(40), eff. July 1, 2011.

548:14 Repealed by 2011, 88:29(40), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:14-a - Repealed by 2011, 88:29(41), eff. July 1, 2011.

548:14-a Repealed by 2011, 88:29(41), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:14-b - Repealed by 1983, 383:78, VII, eff. Jan. 1, 1984.

548:14-b Repealed by 1983, 383:78, VII, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:15 - Repealed by 1983, 383:78, VIII, eff. Jan. 1, 1984.

548:15 Repealed by 1983, 383:78, VIII, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:16 - Repealed by 2011, 88:29(42), eff. July 1, 2011.

548:16 Repealed by 2011, 88:29(42), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:17 - Salaries.

548:17 Salaries. –
The annual salary of the registers of probate shall be $100 per year.
Source.
1852, 1288:1. 1866, 4248:9. GS 271:12. GL 289:12. 1889, 40:3. PS 286:15. 1891, 36:1. 1893, 18:1; 60:1. 1897, 58:1. 1903, 46:1; 49:1; 51:1; 52:1; 129:2. 1905, 27:1. 1907, 13:1; 59:1. 1909, 98:1. 1919, 117:5. 1921, 110:1; 133:1. 1925, 172:2. PL 294:18. RL 347:19. 1947, 180:2. RSA 548:17. 1957, 280:1. 1961, 279:1. 1983, 383:58, eff. Jan. 1, 1984. 2011, 88:15, eff. July 1, 2011; 224:218, eff. July 1, 2011 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:18 - Repealed by 1983, 383:78, IX, eff. Jan. 1, 1984.

548:18 Repealed by 1983, 383:78, IX, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:19 - Repealed by 1983, 383:78, X, eff. Jan. 1, 1984.

548:19 Repealed by 1983, 383:78, X, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:20 - Repealed by 1983, 383:78, XI, eff. Jan. 1, 1984.

548:20 Repealed by 1983, 383:78, XI, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:21 - Repealed by 1983, 383:78, XII, eff. Jan. 1, 1984.

548:21 Repealed by 1983, 383:78, XII, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:22 - Repealed by 1983, 383:78, XIII, eff. Jan. 1, 1984.

548:22 Repealed by 1983, 383:78, XIII, eff. Jan. 1, 1984. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:23 - Repealed by 2011, 88:29(43), eff. July 1, 2011.

548:23 Repealed by 2011, 88:29(43), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:23-a - Repealed by 2011, 88:29(44), eff. July 1, 2011.

548:23-a Repealed by 2011, 88:29(44), eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:24 - Counsel Acting As.

548:24 Counsel Acting As. –
The register shall not act as counsel or advocate in any proceeding in, or to be brought into, the probate court of which the register was elected, nor receive any fee for such service.
Source.
1859, 2232:1, 2. GS 171:1. 1876, 42:1. GL 190:1. PS 183:11. PL 294:13. RL 347:14. 2011, 88:16, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 548 - Registers of Probate › Section 548:25 - Appraiser, or Commissioner, Acting As.

548:25 Appraiser, or Commissioner, Acting As. –
The register shall not be appointed nor act as appraiser or commissioner on any estate under administration in the probate court of the county in which the register was elected.
Source.
RS 153:4. CS 162:4. GS 171:2. GL 190:2. PS 183:12. PL 294:14. RL 347:15. 2011, 88:17, eff. July 1, 2011.