New Hampshire Revised Statutes 547:3 – Jurisdiction
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I. The probate court shall have exclusive jurisdiction over the following:
(a) The probate of wills.
(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the establishment of death of a person presumed dead and assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.
(c) The interpretation and construction of wills and the creation by judgment or decree, interpretation, construction, modification, and termination of those trusts described in N.H. Rev. Stat. § 564-A:1, I.
(d) The administration of those trusts described in N.H. Rev. Stat. § 564-A:1, I, and the appointment, removal and surcharge of trustees of such trusts.
(e) The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.
(f) The adoption of children.
(g) The change of names of persons who reside in the county and who apply therefor.
(h) [Repealed.]
(i) Durable powers of attorney for health care under RSA 137-J.
(j) The interpretation and effect of living wills under RSA 137-J.
(k) [Repealed.]
(l) Petitions to quiet title of real estate pursuant to N.H. Rev. Stat. § 547:11-c.
(m) Declaratory judgment actions pursuant to N.H. Rev. Stat. § 547:11-b.
(n) Any other jurisdiction as may be granted by statute.
II. The probate court shall have concurrent jurisdiction with the superior court over the following:
(a) Subject to N.H. Rev. Stat. § 498:4-a, cases involving charitable uses and trusts other than those trusts described in N.H. Rev. Stat. § 564-A:1, I, over which the probate court has exclusive jurisdiction as provided in N.H. Rev. Stat. § 547:3, I(c) and (d).
(b) Durable powers of attorney under RSA 564-E.
(c) Waivers for marriage of minors pursuant to N.H. Rev. Stat. § 457:6-457:7.
(d) Ancillary matters as defined in N.H. Rev. Stat. § 547:3-l.
(e) Petitions for partition pursuant to RSA 547-C.
III. The probate court shall have concurrent jurisdiction with the district court over ancillary matters as defined in N.H. Rev. Stat. § 547:3-l.
IV. Nothing in this section shall be construed to confer upon the probate court any additional authority over inter vivos trusts beyond that authority exercised by the superior court prior to the adoption of this section.
V. The administrative judge of the circuit court may appoint one or more referees to any matter which is not contested and to which no objection has been filed, or to which all parties have assented, for any cases arising under subparagraphs I(a), (b), and (g). Any referee so assigned shall act under the direction of a judge of probate as defined in N.H. Rev. Stat. § 490-F:6, III. Any party aggrieved by a decision made by a referee pursuant to this paragraph may file a request for reconsideration within 10 days of the clerk’s notice of decision, and if such request is filed, the matter shall be reviewed by a judge of probate.
(a) The probate of wills.
Terms Used In New Hampshire Revised Statutes 547:3
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Inter vivos: Transfer of property from one living person to another living person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probate: Proving a will
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the establishment of death of a person presumed dead and assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.
(c) The interpretation and construction of wills and the creation by judgment or decree, interpretation, construction, modification, and termination of those trusts described in N.H. Rev. Stat. § 564-A:1, I.
(d) The administration of those trusts described in N.H. Rev. Stat. § 564-A:1, I, and the appointment, removal and surcharge of trustees of such trusts.
(e) The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.
(f) The adoption of children.
(g) The change of names of persons who reside in the county and who apply therefor.
(h) [Repealed.]
(i) Durable powers of attorney for health care under RSA 137-J.
(j) The interpretation and effect of living wills under RSA 137-J.
(k) [Repealed.]
(l) Petitions to quiet title of real estate pursuant to N.H. Rev. Stat. § 547:11-c.
(m) Declaratory judgment actions pursuant to N.H. Rev. Stat. § 547:11-b.
(n) Any other jurisdiction as may be granted by statute.
II. The probate court shall have concurrent jurisdiction with the superior court over the following:
(a) Subject to N.H. Rev. Stat. § 498:4-a, cases involving charitable uses and trusts other than those trusts described in N.H. Rev. Stat. § 564-A:1, I, over which the probate court has exclusive jurisdiction as provided in N.H. Rev. Stat. § 547:3, I(c) and (d).
(b) Durable powers of attorney under RSA 564-E.
(c) Waivers for marriage of minors pursuant to N.H. Rev. Stat. § 457:6-457:7.
(d) Ancillary matters as defined in N.H. Rev. Stat. § 547:3-l.
(e) Petitions for partition pursuant to RSA 547-C.
III. The probate court shall have concurrent jurisdiction with the district court over ancillary matters as defined in N.H. Rev. Stat. § 547:3-l.
IV. Nothing in this section shall be construed to confer upon the probate court any additional authority over inter vivos trusts beyond that authority exercised by the superior court prior to the adoption of this section.
V. The administrative judge of the circuit court may appoint one or more referees to any matter which is not contested and to which no objection has been filed, or to which all parties have assented, for any cases arising under subparagraphs I(a), (b), and (g). Any referee so assigned shall act under the direction of a judge of probate as defined in N.H. Rev. Stat. § 490-F:6, III. Any party aggrieved by a decision made by a referee pursuant to this paragraph may file a request for reconsideration within 10 days of the clerk’s notice of decision, and if such request is filed, the matter shall be reviewed by a judge of probate.