reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:22 - Actions Between Administrators.

556:22 Actions Between Administrators. –
A joint administrator or guardian may have an action of account or assumpsit against the other administrator or guardian who shall refuse to apply the estate in his hands to the discharge of the just demands against it, or who shall refuse to account therefor, and he shall recover the amount thereof to which he shall be entitled.
Source.
RS 161:15. CS 170:15. GS 179:15. GL 198:15. PS 191:21. PL 302:22. RL 355:22.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:23 - Neglect to Become Party.

556:23 Neglect to Become Party. –
If an administrator, having been duly served with a scire facias, shall not become party to a suit, judgment may be rendered against the estate of the deceased in the same manner as if he had become a party.
Source.
RS 161:17. CS 170:17. GS 179:17. GL 198:17. PS 191:22. PL 302:23. RL 355:23.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:24 - Continuances.

556:24 Continuances. –
In all cases where an administrator becomes a party to a pending suit he shall be entitled to one continuance as of course.
Source.
RS 161:18. CS 170:18. GS 179:18. GL 198:18. PS 191:23. PL 302:24. RL 355:24.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:25 - Attachments; Levies.

556:25 Attachments;  Levies. –
Writs of attachment and execution against administrators, where the cause of action existed against the deceased, shall run only against the goods or estate of the deceased, and the administrator shall not be arrested, or his estate be attached or levied upon, in such action.
Source.
RS 161:12. CS 170:12. GS 179:12. GL 198:12. PS 191:24. PL 302:25. RL 355:25.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:26 - Return of "No Goods," Etc.

556:26 Return of "No Goods," Etc. –
Upon return of "no goods," or "waste," made by the sheriff on such execution, an execution may be awarded on scire facias against the goods, estate and person of the administrator, as for his own debt, to the amount of such waste, if it can be ascertained, otherwise to the amount of the whole debt.
Source.
RS 161:13. CS 170:13. GS 179:13. GL 198:13. PS 191:25. PL 302:26. RL 355:26.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:27 - Adjustment of Claims.

556:27 Adjustment of Claims. –
The probate court may authorize administrators and guardians to adjust by compromise or arbitration any controversy between them and persons making claims against the estates in their hands. The attorney general or the director of the register of charitable trusts shall be a necessary party to any agreement between an executor and creditors or legatees or heirs-at-law whenever such agreement may directly or indirectly affect a charitable interest, residuary or otherwise, created in any estate.
Source.
1872, 7:1. GL 198:21. PS 191:26. PL 302:27. RL 355:27. RSA 556:27. 1959, 16:1, eff. May 10, 1959.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:28 - Extension of Time.

556:28 Extension of Time. –
Whenever any person has a claim against the estate of a deceased person, which has not been prosecuted within the time limited by law, such person may apply to the court having subject matter jurisdiction over the nature of the claim, by petition setting forth all the facts; and if the court shall be of the opinion that justice and equity require it, and that the claimant is not chargeable with culpable neglect in not bringing or prosecuting his or her suit or claim within the time limited by law, it may extend the time for filing and prosecuting the claim to a date certain; however, no such extension or judgment entered upon the claim shall affect any payments or compromises made before the beginning of the proceedings.
Source.
1872, 7:2. GL 198:22. PS 191:27. PL 302:28. RL 355:28. RSA 556:28. 1992, 284:71. 1995, 277:24, eff. Aug. 19, 1995.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:29 - Two-Year Limitation.

556:29 Two-Year Limitation. –
If no administration shall have been granted upon the estate of a deceased person within two years from the date of death, no creditor of the deceased shall thereafter be entitled to maintain any action or proceeding in any court to appropriate the real estate or interests therein of which the deceased died seized, to the payment or satisfaction in whole or in part of his claim against the estate.
Source.
1941, 54:1. RL 355:29.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:30 - Estates of Presently Deceased Persons.

556:30 Estates of Presently Deceased Persons. –
The provisions of RSA 556:29 shall not apply to the estate of a person deceased prior to five o'clock p.m., April 8, 1941, until two years from said date.
Source.
1941, 54:1. RL 355:30.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 556 - Suits by and Against Administrators › Section 556:31 - Confidential Communications.

556:31 Confidential Communications. –
I. A communication between an attorney and a client acting as an administrator is privileged and protected from disclosure to the same extent as if the client was acting in his, her, or its individual capacity and was not acting as an administrator.
II. The privilege under paragraph I is not waived by a fiduciary relationship between the administrator and a beneficiary of the decedent's estate or the use of any property comprising the estate to compensate the attorney for legal services rendered to the administrator.
III. If an attorney's client is an administrator, then the attorney's client is only the person acting as administrator. A successor administrator is not the attorney's client solely by reason of succeeding the person with whom the attorney had an attorney-client relationship.
IV. An administrator and a successor administrator may agree to share privileged communications relating to some or all matters involving the estate. The disclosure of privileged communications under the agreement does not waive the disclosing party's privilege. Unless the agreement provides otherwise, privileged communications disclosed under the agreement shall not be disclosed to a third party without the disclosing party's consent or a court order.
Source.
2014, 195:5, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:1 - When License Granted.

559:1 When License Granted. –
The judge, on application of the administrator, may grant a license for the sale of the real estate of any person deceased, or of lands purchased or set off to the administrator in payment of debts due to the estate, when the personal property shall be insufficient to pay the just demands by law chargeable to the estate.
Source.
RS 164:1. CS 173:1. GS 182:1. GL 192:2; 201:1. PS 194:1. PL 305:1. RL 358:1.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:2 - Sale of Reversions, Etc.

559:2 Sale of Reversions, Etc. –
The license may extend to the reversion of the homestead right and of any interest in land whatever; but any other estate than a present fee shall be particularly specified in the application, notice and license.
Source.
RS 164:2. CS 173:2. GS 182:2. GL 201:2. PS 194:2. PL 305:2. RL 358:2. RSA 559:2. 1971, 179:17, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:3 - Sales of Whole.

559:3 Sales of Whole. –
If the real estate is so situate that a part thereof cannot be sold without injury to the persons interested therein license may, on application, be granted to sell the whole, though it may be more than sufficient for the payment of said demands.
Source.
RS 164:3. CS 173:3. GS 182:3. GL 201:3. PS 194:3. PL 305:3. RL 358:3.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:4 - Wood and Timber.

559:4 Wood and Timber. –
The judge may grant license to the administrator to sell the timber or wood growing or standing on any real estate of the deceased, whenever the sale thereof, separate from the real estate, will be beneficial to the persons interested; and such timber or wood shall be deemed real estate.
Source.
RS 164:6. CS 173:6. GS 182:6. GL 201:6. PS 194:4. PL 305:4. RL 358:4.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:5 - Sale by Consent.

559:5 Sale by Consent. –
Whenever it shall be necessary to sell real estate for the payment of debts the judge, on application of the administrator, with the assent of the widow or surviving husband, if any, and, if there is no widow or surviving husband, then with the assent of the guardian of the minor children, if any, may grant license for the sale of the whole real estate of the deceased, including the homestead right and any other interest therein, and the reversions thereof.
Source.
1854, 1532:1. GS 182:15. GL 201:15. PS 194:5. PL 305:5. RL 358:5. RSA 559:5. 1971, 179:18, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:6 - Distribution of Proceeds.

559:6 Distribution of Proceeds. –
The proceeds of any sale made under such license shall be accounted for and distributed as provided in RSA 559:19.
Source.
1854, 1532:2. GS 182:16. GL 201:16. PS 194:6. PL 305:6. RL 358:6. RSA 559:6. 1963, 165:9, eff. Aug. 19, 1963.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:7 - Bond from Heirs, Etc.

559:7 Bond from Heirs, Etc. –
No license shall be granted if the heirs or devisees will give to the judge a bond, with sufficient sureties, for the payment of such just demands and to indemnify the administrator therefrom.
Source.
RS 164:4. CS 173:4. GS 182:4. GL 201:4. PS 194:7. PL 305:7. RL 358:7.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:8 - Bond from Administrator.

559:8 Bond from Administrator. –
The judge, either before or after a license to sell real estate is granted, may require from the administrator a bond, with sufficient sureties, to account for the proceeds of the sale in such manner as the judge shall order.
Source.
RS 164:7. CS 173:7. GS 182:7. GL 201:7. PS 194:8. PL 305:8. RL 358:8.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:9 - Manner of Sale.

559:9 Manner of Sale. –
Such sale may be made either at auction or private sale as is deemed most beneficial to the estate, and the license issued by the judge shall designate the manner in which the sale is to be made, or may authorize the administrator to sell in either mode he deems to be for the best interest of the estate.
Source.
RS 164:9. CS 173:9. GS 182:9. GL 201:9. PS 194:9. 1895, 4:1. PL 305:9. RL 358:9.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:10 - Oath.

559:10 Oath. –
The administrator, before a license for sale of real estate at public auction shall be granted, shall take the following oath, and shall file a certificate thereof in the probate office: I . . . . . . . . . . do solemnly swear that, in disposing of such estate of . . . . . . . . . . deceased as I may be licensed to sell, I will use my best judgment in fixing and advertising the time and place of sale, and will exert my utmost endeavor that the same shall be sold in such manner as will be of the greatest advantage to the persons interested in said estate, without any sinister or selfish view or motive whatever. So help me God. Before receiving a license to sell at private sale the administrator shall take the foregoing oath, omitting the words "in fixing and advertising the time and place of sale."
Source.
RS 164:8. CS 173:8. GS 182:8. GL 201:8. PS 194:10. 1895, 4:2. 1917, 66:1. PL 305:10. RL 358:10.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:11 - Conveyance.

559:11 Conveyance. –
The administrator, so authorized, having made oath and sold according to the terms of his license, may execute and deliver a valid conveyance of the estate to the purchaser.
Source.
1895, 4:3. 1917, 66:2. PL 305:11. RL 358:11.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:12 - Repealed by 1963, 165:10, eff. Aug. 19, 1963.

559:12 Repealed by 1963, 165:10, eff. Aug. 19, 1963. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:13 - Bond; Oath, Etc.

559:13 Bond;  Oath, Etc. –
He shall give bond, with sufficient sureties resident in the state, make oath, and in all other respects be entitled to the same rights and subject to the same liabilities as if appointed in this state.
Source.
1854, 1529:1. GS 182:17. GL 201:17. PS 194:11. PL 305:13. RL 358:13.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:14 - Duration of License.

559:14 Duration of License. –
No license shall be available to sustain a sale made by an administrator under it, unless made within two years from the granting thereof.
Source.
RS 164:14. CS 173:14. GS 182:14. GL 201:14. PS 194:12. PL 305:14. RL 358:14.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:15 - Return; Record.

559:15 Return;  Record. –
Every person who has sold real estate by virtue of a license from a judge shall, within one year after the sale, return the license to the probate court with an account of the sale and with an affidavit showing the times, places and manner of giving notice of sale, subscribed and sworn to by himself or by a person employed to give the notice; and, if approved by the judge, the account and affidavit shall be recorded, and the record, or a certified copy of it, shall be prima facie evidence that the notice was duly given.
Source.
1857, 1966:1. GS 182:19. GL 201:19. PS 194:13. PL 305:15. RL 358:15.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:16 - Contracts for Sales.

559:16 Contracts for Sales. –
When a person deceased had contracted in writing to convey real estate, and the party contracted with has performed or is ready to perform the conditions of the contract, or if the contract was verbal and the party contracted with has performed or partly performed its conditions, the judge may license the administrator to make such conveyance as the deceased if alive would be bound to make.
Source.
RS 164:10. CS 173:10. GS 182:10. GL 201:10. PS 194:14. PL 305:16. RL 358:16.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:17 - License, Special Sale.

559:17 License, Special Sale. –
When it shall appear by the will of a person deceased to have been his intention that his executor should dispose of his real estate for any lawful purpose, the judge may license the administrator to sell it for the purpose and in the manner intended by the testator.
Source.
RS 164:11. CS 173:11. GS 182:11. GL 201:11. PS 194:15. PL 305:17. RL 358:17.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:18 - Sale of Real Estate.

559:18 Sale of Real Estate. –
Unless the will otherwise provides, an administrator or executor with the written consent of the widow or widower and the heirs at law or devisees, or the guardians or conservators of such of them as are under disability, may sell the whole or any part of the real estate of a decedent, conducting the sale with fidelity and impartiality. The administrator, so authorized, may execute and deliver a valid conveyance of the estate to the purchaser. If there are heirs or legatees under disability, or whose whereabouts are unknown, or unknown heirs, the judge may appoint a guardian ad litem to represent their interests; said guardian ad litem to have authority to consent to a sale if, in his opinion, the best interests of his ward would be served thereby.
Source.
1929, 68:1. 1933, 171:1. RL 358:18. RSA 559:18. 1971, 230:1. 1977, 310:3, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:19 - Title; Accounting.

559:19 Title;  Accounting. –
Any sale made under RSA 559:18 shall convey title to said real estate free from all claims of creditors of the decedent and of all other persons claiming under the decedent or under his will, but the claims of all such persons shall be a charge upon the proceeds of the sale. The proceeds of such sale shall be accounted for to the probate court and, except for such deductions as the court may make for the payment of debts, legacies, inheritance taxes, and expenses of administration, shall be paid over on distribution of the estate to the person or persons who would have been entitled to such real estate and in the proportions to which they would have been entitled had it not been sold.
Source.
1929, 68:1. 1933, 171:2. RL 358:19. RSA 559:19. 1977, 310:4, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:20 - Breach of Bond.

559:20 Breach of Bond. –
Fraudulent conduct in the sale of real estate, misappropriation of the proceeds thereof, or refusal to account for the same, shall be a breach of the administrator's bond.
Source.
RS 164:12. CS 173:12. GS 182:12. GL 201:12. PS 194:16. PL 305:18. RL 358:20.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 559 - License to Sell Real Estate › Section 559:21 - Perpetuation of Evidence.

559:21 Perpetuation of Evidence. –
Any administrator, purchaser, or person interested may petition the judge to perpetuate the evidence of any facts set forth in a petition relative to any proceeding connected with administration, and the judge, after due notice, may decree that all or any of the facts are proved, and such decree shall be conclusive evidence of those facts.
Source.
RS 164:13. CS 173:13. GS 182:13. GL 201:13. PS 194:17. PL 305:19. RL 358:21.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:1 - Making; Account.

560:1 Making;  Account. –
The judge may make to the widow of the person deceased, intestate, or testate, a reasonable allowance out of the personal estate, for her present support; and, in the decree of distribution of the personal estate, the whole, or such part thereof as the judge may deem reasonable, shall be accounted as part of her distributive share; and shall be so accounted when she elects to take one third or one half of the real estate, under the provisions of RSA 560:10.
Source.
RS 165:1, 2. 1844, 138:1. CS 175:1, 2. GS 183:1. GL 202:1. PS 195:1. PL 306:1. RL 359:1. 1949, 210:1. RSA 560:1. 1971, 179:19, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:2 - Use of House, Etc.

560:2 Use of House, Etc. –
The widow may remain in the house of her husband forty days next after his death without being chargeable with rent therefor, and in the meantime shall have her reasonable sustenance out of the estate; and the same shall be taken into consideration by the judge in the allowance he may make to her.
Source.
1862, 2599:1. GS 183:14. GL 202:12. PS 195:2. PL 306:2. RL 359:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:3 - Dower and Curtesy Abolished.

560:3 Dower and Curtesy Abolished. –
I. Neither husband or wife, widower or widow, shall be vested with either choate or inchoate right of curtesy or dower in the real estate of his or her spouse.
II, III. [Repealed.]
Source.
RS 165:3. CS 175:3. GS 183:2. GL 202:2. PS 195:3. PL 306:3. RL 359:3. RSA 560:3. 1971, 179:20. 1991, 141:1, eff. July 19, 1991. 2012, 264:3, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:4 - to 560:9 Repealed by 1971, 179:21, eff. Aug. 10, 1971.

560:4 to 560:9 Repealed by 1971, 179:21, eff. Aug. 10, 1971. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:10 - Distribution When Surviving Spouse Waives Testate Distribution.

560:10 Distribution When Surviving Spouse Waives Testate Distribution. –
Upon the death of either husband or wife, testate, and the surviving spouse has elected to waive the homestead right, if any, and the provisions of the will in his or her favor, if any, and has elected to claim his or her rights hereunder, such surviving spouse shall be vested with the following portion of the estate remaining after the payment of debts and expenses of administration:
I. If there are children of the deceased surviving (whether by the surviving spouse or by previous marriage) or issue of any deceased children, one-third part of the personalty and one-third part of the real estate.
II. If the decedent leaves no children or issue of any deceased children, but does leave mother or father or sister or brother surviving, ten thousand dollars in value thereof of personalty and ten thousand dollars in value of real estate, and also one-half of the remainder above ten thousand dollars in each, the real estate to be assigned to the surviving spouse in the same manner as dower heretofore has been assigned. Where the inventory value of the real estate does not exceed ten thousand dollars, the surviving spouse shall be entitled to the whole of said remainder and no assignment of the same shall be required unless some party in interest shall petition to the probate court therefor.
III. If the decedent leaves no children or issue of any deceased children, nor mother or father, nor sister or brother surviving, ten thousand dollars of the value thereof, plus two thousand dollars for each full year from the date of marriage to decease of spouse, and also one-half in value of the remainder above said sum computed as above, in the personalty, and the same in the real estate, the real estate to be assigned in the same manner as dower has heretofore been assigned. Where the inventory value of the real estate does not exceed ten thousand dollars, the surviving spouse shall be entitled to the whole of said remainder and no assignment of the same shall be required unless some party in interest shall petition the probate court therefor.
IV. That part of the estate not passing to the surviving spouse as provided in paragraphs I through III shall pass in accordance with the terms of the will, provided that the surviving spouse shall take nothing under the will.
Source.
GL 202:7, 8. PS 195:10. 1901, 113:1. 1905, 14:1. 1915, 31:1. 1917, 186:1. PL 306:10. 1933, 118:1. RL 359:10. 1951, 29:1, 2. RSA 560:10. 1957, 261:1, 2. 1971, 179:22. 1973, 293:2. 1974, 18:1, eff. April 2, 1974.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:11 - Repealed by 1971, 179:23, I, eff. Aug. 10, 1971.

560:11 Repealed by 1971, 179:23, I, eff. Aug. 10, 1971. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:12 - Repealed by 1971, 179:23, II, eff. Aug. 10, 1971.

560:12 Repealed by 1971, 179:23, II, eff. Aug. 10, 1971. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:13 - Repealed by 1971, 179:23, III, eff. Aug. 10, 1971.

560:13 Repealed by 1971, 179:23, III, eff. Aug. 10, 1971. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:14 - Waiver and Release.

560:14 Waiver and Release. –
The waiver or release of the will and homestead right provided for in RSA 560:10 shall be made in writing and shall be filed in the probate office within six months after the appointment of an executor or administrator, and not afterwards, unless by permission of the judge of probate for good cause shown. Where real estate is involved, the waiver and release shall be recorded in the registry of deeds of the county where the real estate is situated.
Source.
1833, 34:1. PS 195:14. PL 306:14. RL 359:14. RSA 560:14. 1967, 227:1. 1971, 179:24, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:15 - Upon Wife.

560:15 Upon Wife. –
If a settlement was made upon the wife before marriage, which was stipulated to be in lieu of her homestead right, distributive share, or either of them, in her husband's estate, it shall be enforced by the court of probate, and the widow shall not be entitled to any right or rights in lieu of which the settlement was made.
Source.
GS 183:10. GL 202:11. PS 195:15. PL 306:15. RL 359:15. RSA 560:15. 1971, 179:25, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:16 - Upon Husband.

560:16 Upon Husband. –
A settlement made upon the husband before marriage by the wife shall have a like effect and be enforced in like manner.
Source.
GL 202:17. PS 195:16. PL 306:16. RL 359:16.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:17 - Effect of Devise, Etc.

560:17 Effect of Devise, Etc. –
Every devise or bequest by the husband or wife to the other shall be holden to be in lieu of the rights which either has by law in the estate of the other, unless it shall appear by the will that such was not the intention.
Source.
GL 202:18. PS 195:17. PL 306:17. RL 359:17.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:18 - Effect of Abandonment by Husband.

560:18 Effect of Abandonment by Husband. –
If a husband has willingly abandoned his wife and has absented himself from her, or has willfully neglected to support her, or has not been heard from, in consequence of his own neglect, for the term of three years next preceding her death, he shall not be entitled to any interest or portion in her estate, real or personal, except such as she may have given to him in her will.
Source.
1879, 37:1. PS 195:18. PL 306:18. RL 359:18.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:19 - Effect of Cause for Divorce.

560:19 Effect of Cause for Divorce. –
If, at the time of the death of either husband or wife, the decedent was justifiably living apart from the surviving husband or wife because such survivor was or had been guilty of conduct which constitutes cause for divorce, such guilty survivor shall not be entitled to any interest or portion in the real or personal estate of said decedent, except such as may be given to such survivor by the will of the deceased.
Source.
PL 306:19. RL 359:19.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:20 - Payment of Wages to Surviving Spouse.

560:20 Payment of Wages to Surviving Spouse. –
Any wages, salaries or commissions of a deceased person not exceeding five hundred dollars due from any employer shall be paid to the surviving spouse of the deceased employee without the necessity of administration of his estate. Provided, however, that the surviving spouse shall first file with the employer an affidavit stating that the person so affirming is the surviving spouse of the deceased employee.
Source.
1955, 69:1, eff. April 11, 1955.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:21 - Liability.

560:21 Liability. –
An employer making payment in accordance with RSA 560:20 shall not be liable for the sum so paid to the estate of the deceased employee.
Source.
1955, 69:1, eff. April 11, 1955.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 560 - Rights of Surviving Spouse › Section 560:22 - Medical Records of Deceased Spouse or Next of Kin.

560:22 Medical Records of Deceased Spouse or Next of Kin. –
Where there is no estate administration, the surviving spouse or next of kin of the deceased may obtain the medical records of the deceased as provided in RSA 332-I:13.
Source.
2010, 260:1, eff. Jan. 1, 2011. 2017, 108:1, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:2 - Estate of Unmarried Minor.

561:2 Estate of Unmarried Minor. –
If any person die under age and unmarried his estate, derived by descent or devise from his father or mother, shall descend to his brothers and sisters, or their legal representatives if any, to the exclusion of the other parent.
Source.
RS 166:2. CS 176:2. GS 184:2. GL 203:2. PS 196:2. PL 307:2. RL 360:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:3 - Repealed by 2003, 47:2, I, eff. Jan. 1, 2004.

561:3 Repealed by 2003, 47:2, I, eff. Jan. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:4 - Inheritance of Children Born of Unwed Parents.

561:4 Inheritance of Children Born of Unwed Parents. –
I. A child born of unwed parents shall inherit from or through his mother as if born in lawful wedlock. The estate of a person born of unwed parents dying intestate and leaving no issue, nor husband, nor wife shall descend to the mother, and, if the mother is dead, through the line of the mother as if the person so dying were born in lawful wedlock.
II. A child born of unwed parents shall inherit from or through his father as if born in lawful wedlock, under any of the following conditions:
(a) Intermarriage of the parents after the birth of the child.
(b) Acknowledgment of paternity or legitimation by the father.
(c) A court decree adjudges the decedent to be the father before his death.
(d) Paternity is established after the death of the father by clear and convincing evidence.
(e) The decedent had adopted the child.
Source.
1845, 238:1. RS 166:4. CS 176:4. GS 184:4. GL 203:4. PS 196:4. 1905, 4:1. PL 307:4. RL 360:4. RSA 561:4. 1973, 145:13. 1983, 181:1, eff. June 10, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:5 - Repealed by 1983, 181:2, eff. June 10, 1983.

561:5 Repealed by 1983, 181:2, eff. June 10, 1983. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:6 - Repealed by 1971, 179:27, eff. Aug. 10, 1971.

561:6 Repealed by 1971, 179:27, eff. Aug. 10, 1971. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:7 - Personal Estate Bequeathed.

561:7 Personal Estate Bequeathed. –
The personal estate bequeathed by a testator shall be distributed by decree of the judge according to the will.
Source.
RL 360:7.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:7-a - Interim Distributions Authorized.

561:7-a Interim Distributions Authorized. –
The personal estate of a person deceased which was not bequeathed or included in a bequest and which remains in the hands of the executor or administrator upon settlement of an account of such fiduciary shall be distributed according to law by decree of the judge. Upon the application of the fiduciary or any interested person, the judge may issue interim orders approving or directing partial distributions or granting other relief at any time during the pendency of administration to effect distributions as expeditiously and efficiently as may be consistent with the best interests of the estate.
Source.
1975, 285:1, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:8 - Repealed by 1998, 155:10, V, eff. July 8, 1998.

561:8 Repealed by 1998, 155:10, V, eff. July 8, 1998. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:9 - Payment to State.

561:9 Payment to State. –
If no heir or legatee be ascertained at the expiration of three years from the original grant of administration, the judge shall order the administrator to pay the balance into the state treasury, where it shall be subject to the claims of persons entitled thereto, upon application to the legislature.
Source.
RS 166:7. CS 176:8. GS 184:8. GL 203:8. PS 196:8. PL 307:8. RL 360:9.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:10 - Unclaimed Share.

561:10 Unclaimed Share. –
I. Whenever, upon a decree of distribution or the settlement of the account of an administrator, executor or trustee, there shall be in his or her hands any sum of money in excess of $5,000 belonging to any heir, legatee, beneficiary, creditor, or other person whose place of residence is unknown and cannot be found, or if such person shall refuse to accept or receipt for such sum after being tendered, the administrator, executor or trustee shall petition the probate court and the court, when satisfied that due diligence has been used to find the person entitled to such sum or that such sum has been tendered to and refused by such heir, legatee, beneficiary, creditor or other person entitled to the same, shall decree that the sum be paid over to the state treasurer, and such payment shall be a discharge of said administrator, executor or trustee. The state treasurer shall hold any such sums received in accordance with RSA 471-C.
II. In the cases of sums of $5,000 or less the probate court, after an affidavit has been filed with it by the administrator, executor or trustee stating that due effort had been made to find the person entitled to such sum, or that said person has refused tender of such sum, may make distribution of such sum in accordance with the provisions of this chapter but as though those entitled thereto under the original decree of distribution or their issue, representatives or assigns had no interest in or against the estate.
Source.
1893, 14:1. 1897, 7:1. PL 307:9. 1929, 20:1. 1935, 75:1. RL 360:10. RSA 561:10. 1967, 212:1. 1997, 208:18. 2003, 46:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:11 - Receipt by State Treasurer.

561:11 Receipt by State Treasurer. –
The state treasurer is authorized to receive all sums so paid over to him, and to give receipt therefor in behalf of the state.
Source.
1893, 14:2. PL 307:10. RL 360:11.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:12 - Repealed by 1997, 208:19, I, eff. Aug. 17, 1997.

561:12 Repealed by 1997, 208:19, I, eff. Aug. 17, 1997. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:12-a - Delivery Deferred.

561:12-a Delivery Deferred. –
When it appears that a legatee, distributee, cestui or beneficiary 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 property due him and that special circumstances make it desirable that delivery to him be deferred, the probate court may order that such property be converted into available funds and paid to the state treasurer to be invested by him and, together with any proceeds thereof, to be handled subject to such further order as such probate court may enter, provided a reasonable fee, as allowed by the court, of the attorney for any such legatee, distributee, cestui or beneficiary shall be considered a lien on such funds and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the state treasurer. A copy of any such further order by the probate court shall be filed with the department of revenue administration.
Source.
1955, 149:1. 1973, 544:10. 1975, 439:26, eff. July 1, 1975.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:12-b - Repealed by 1997, 208:19, II, eff. Aug. 17, 1997.

561:12-b Repealed by 1997, 208:19, II, eff. Aug. 17, 1997. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:13 - Advancements.

561:13 Advancements. –
I. If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:
(a) The decedent declared in a contemporaneous writing that the gift was an advancement; or
(b) The heir acknowledged in writing prior to the decedent's date of death that the gift was an advancement; or
(c) The decedent's contemporaneous writing otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate; or
(d) The heir's written acknowledgment prior to the decedent's death indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
II. For purposes of paragraph I, property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever occurs first.
III. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise.
IV. If the value of the property received by the heir during the decedent's lifetime exceeds the value of the heir's share of the decedent's intestate estate, the heir shall have no obligation to pay such excess amount to the decedent's estate unless the decedent's contemporaneous writing provides otherwise.
Source.
RS 166:8. CS 176:9. GS 184:9. GL 203:9. PS 196:9. PL 307:12. RL 360:13. 2003, 46:2, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:14 - Repealed by 2003, 46:3, I, eff. Jan. 1, 2004.

561:14 Repealed by 2003, 46:3, I, eff. Jan. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:15 - Repealed by 2003, 46:3, II, eff. Jan. 1, 2004.

561:15 Repealed by 2003, 46:3, II, eff. Jan. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:16 - Repealed by 2003, 46:3, III, eff. Jan. 1, 2004.

561:16 Repealed by 2003, 46:3, III, eff. Jan. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:17 - Priority of Legacies, Etc.

561:17 Priority of Legacies, Etc. –
The estate, real and personal, not specifically devised or bequeathed, shall be first liable to the payment of the legal charges against the estate and legacies given by the will, and to be applied to make up the share of any child born after the decease of the testator, or of any child or issue of any child omitted or not provided for in the will.
Source.
RS 166:21. CS 176:13. GS 184:13. GL 203:13. PS 196:13. PL 307:16. RL 360:17.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:18 - Contribution by Devisees, Etc.

561:18 Contribution by Devisees, Etc. –
If the same is not sufficient, the property devised and bequeathed shall be liable therefor, and the judge may settle and adjust, by his decree, the amount of such liabilities, so that each devisee and legatee shall contribute in just proportion thereto. Such liabilities may be taken into consideration and allowed in the decree of distribution of the personal estate, in the division of the real estate, and in the granting of license for the sale thereof, as the case may require.
Source.
RS 166:13. CS 176:14. GS 184:14. GL 203:14. PS 196:14. PL 307:17. RL 360:18.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:19 - Receipts to be Taken.

561:19 Receipts to be Taken. –
Every administrator, upon the payment of a legacy or distributive share of an estate, shall take a receipt and discharge therefor, and shall file the same in the probate office, to be there recorded and preserved; the time of filing shall be certified upon it by the clerk.
Source.
RS 166:14. CS 176:15. GS 184:15. GL 203:15. PS 196:15. PL 307:18. RL 360:19. 2011, 88:20, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:20 - Minors Not Under Guardianship.

561:20 Minors Not Under Guardianship. –
Whenever any minor whose estate is not under legal guardianship shall be entitled to receive from any administrator, executor, trustee, or third party payor, any distribution of personal property by will or intestate succession, or distribution of any other property interest, the administrator, executor, trustee, or third party payor shall make such distribution to the person nominated as such minor's custodian for the benefit of such minor under either RSA 463-A, the Uniform Transfers to Minors Act, or under another state's Uniform Transfers to Minors Act or similar statute, or absent a nominated custodian, to a custodian for the benefit of such minor under RSA 463-A, the Uniform Transfers to Minors Act.
Source.
1937, 37:1. 1941, 191:1. RL 360:20. 1949, 88:1. RSA 561:20. 1963, 165:4. 1986, 28:1. 2003, 30:1. 2005, 68:2, eff. July 22, 2005.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 561 - Descent, Distribution, and Advancements › Section 561:21 - Citation to File Receipt.

561:21 Citation to File Receipt. –
The judge of probate, upon complaint of a surety or his legal representative, may cite an administrator to file his receipt or discharge in the probate office. If the administrator neglects or refuses so to do he shall forfeit twenty dollars, and the like sum for every thirty days' neglect afterward, to be recovered by the complainant, unless the judge shall, on a hearing, certify the reasons of the omission to be sufficient.
Source.
RS 166:15. CS 176:16. GS 184:16. GL 203:16. PS 196:16. PL 307:19. RL 360:21.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 563 - Uniform Simultaneous Death Act › Section 563:1 - Definitions.

563:1 Definitions. –
As used in this chapter, unless the context otherwise requires:
I. "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.
II. "Court" means the probate court to which the jurisdiction of the subject matter belongs.
III. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or a dispositive, appointive, or nominative instrument of any similar type.
IV. "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments.
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 563:2 - Requirement of Survival by 120 Hours.

563:2 Requirement of Survival by 120 Hours. –
Except as provided in RSA 563:6, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual. This section shall not apply if its application would result in a taking of an intestate estate by the state.
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 563:3 - Requirement of Survival by 120 Hours Under Governing Instruments.

563:3 Requirement of Survival by 120 Hours Under Governing Instruments. –
Except as provided in RSA 563:6, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established, by clear and convincing evidence, to have survived the event by 120 hours is deemed to have predeceased the event.
Source.
1998, 1:1, eff. Jan. 1, 1999.