New Hampshire Revised Statutes 553:32 – Waiver of Administration
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I. (a) Notwithstanding any provision of law, there shall be no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets in any of the following circumstances:
(1) Whenever a decedent dies testate and an individual is named in the will as the sole beneficiary of the decedent’s estate and is appointed to serve as administrator.
(2) Whenever a decedent dies testate and all individuals named in the will as beneficiaries of the decedent’s estate are appointed to serve as co-administrators or any appropriate person is appointed to serve as administrator with the assent of all such beneficiaries.
(3) Whenever a decedent dies testate, a trust is named in the will as the sole beneficiary of the estate, and any appropriate person, including one or more trustees of such trust, is appointed to serve as administrator with the assent of all such trustees.
(4) Whenever a decedent dies intestate and an individual, including a surviving spouse, is the sole heir of the decedent’s estate and is appointed to serve as administrator.
(5) Whenever a decedent dies intestate and all heirs of the decedent’s estate, including a surviving spouse, if any, are appointed to serve as co-administrators or any appropriate person is appointed to serve as administrator with the assent of all such heirs.
(6) Whenever, in the discretion of the court, the court determines it is appropriate under the circumstances.
(b) Administration of the estate shall be completed upon the administrator’s filing, and the probate court’s approval, of an affidavit of administration. Such filing shall occur not less than 6 months and no more than one year after the date of appointment of the administrator. Upon motion of the administrator, for good cause shown, the court may extend the one year deadline for filing the affidavit of administration. The affidavit of administration shall state that to the best of the knowledge and belief of the administrator there are no outstanding debts or obligations attributable to the decedent’s estate and shall list all real estate owned by the decedent at the time of death, including the location, book, and page.
(c) If the administrator fails to file the affidavit of administration within the time prescribed in subparagraph (b), including any extensions granted, the court may take appropriate action in the discretion of the court, including, but not limited to, issuing a notice of default, a show cause order, or requiring full administration of the estate.
II. (a) Any interested person may petition for a full administration of the estate at any time from the original grant of administration to the filing of the affidavit of administration, and such petition may be granted by the probate court for good cause shown.
(b) Where full administration is granted subsequent to an original grant of administration under this section, the deadlines for filing an inventory in N.H. Rev. Stat. § 554:1, N.H. Rev. Stat. § 554:26-a, and N.H. Rev. Stat. § 553:13, I(a), and for filing an account of administration in N.H. Rev. Stat. § 554:26-a, shall run from the date of the grant of full administration. All other deadlines, including but not limited to the deadline to request proof in solemn form in N.H. Rev. Stat. § 552:7, the notice to legatees and heirs at law in N.H. Rev. Stat. § 552:15, the publication of notice of appointment in N.H. Rev. Stat. § 553:16, the requirement that an estate be open for at least 6 months before a motion for summary administration may be filed in N.H. Rev. Stat. § 553:33, II, for petitioning to distribute assets of an insolvent estate in N.H. Rev. Stat. § 554:19-b, the deadline for waiver or release of the will and homestead rights and election of statutory rights by a surviving spouse in N.H. Rev. Stat. § 560:10 and N.H. Rev. Stat. § 560:14, and deadlines relating to suits in RSA 556, shall run from the original grant of administration.
III. Disclaimer, ademption of legacies, or declination to serve as executor may be effectively used to cause the estate to conform to the requirements of paragraph I.
IV. A guardian may be appointed as administrator if the ward qualifies under the provisions of this section.
V. If the administrator is unable to complete the administration of the estate, administration may be completed in accordance with this section by the successor administrator.
VI. The provisions of this section do not relieve the administrator from the responsibility for payment of the expenses of administration and decedent’s debts from the assets of the estate pursuant to N.H. Rev. Stat. Chapter 554 and RSA 556.
(1) Whenever a decedent dies testate and an individual is named in the will as the sole beneficiary of the decedent’s estate and is appointed to serve as administrator.
Terms Used In New Hampshire Revised Statutes 553:32
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intestate: Dying without leaving a will.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- 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
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Testate: To die leaving a will.
(2) Whenever a decedent dies testate and all individuals named in the will as beneficiaries of the decedent’s estate are appointed to serve as co-administrators or any appropriate person is appointed to serve as administrator with the assent of all such beneficiaries.
(3) Whenever a decedent dies testate, a trust is named in the will as the sole beneficiary of the estate, and any appropriate person, including one or more trustees of such trust, is appointed to serve as administrator with the assent of all such trustees.
(4) Whenever a decedent dies intestate and an individual, including a surviving spouse, is the sole heir of the decedent’s estate and is appointed to serve as administrator.
(5) Whenever a decedent dies intestate and all heirs of the decedent’s estate, including a surviving spouse, if any, are appointed to serve as co-administrators or any appropriate person is appointed to serve as administrator with the assent of all such heirs.
(6) Whenever, in the discretion of the court, the court determines it is appropriate under the circumstances.
(b) Administration of the estate shall be completed upon the administrator’s filing, and the probate court’s approval, of an affidavit of administration. Such filing shall occur not less than 6 months and no more than one year after the date of appointment of the administrator. Upon motion of the administrator, for good cause shown, the court may extend the one year deadline for filing the affidavit of administration. The affidavit of administration shall state that to the best of the knowledge and belief of the administrator there are no outstanding debts or obligations attributable to the decedent’s estate and shall list all real estate owned by the decedent at the time of death, including the location, book, and page.
(c) If the administrator fails to file the affidavit of administration within the time prescribed in subparagraph (b), including any extensions granted, the court may take appropriate action in the discretion of the court, including, but not limited to, issuing a notice of default, a show cause order, or requiring full administration of the estate.
II. (a) Any interested person may petition for a full administration of the estate at any time from the original grant of administration to the filing of the affidavit of administration, and such petition may be granted by the probate court for good cause shown.
(b) Where full administration is granted subsequent to an original grant of administration under this section, the deadlines for filing an inventory in N.H. Rev. Stat. § 554:1, N.H. Rev. Stat. § 554:26-a, and N.H. Rev. Stat. § 553:13, I(a), and for filing an account of administration in N.H. Rev. Stat. § 554:26-a, shall run from the date of the grant of full administration. All other deadlines, including but not limited to the deadline to request proof in solemn form in N.H. Rev. Stat. § 552:7, the notice to legatees and heirs at law in N.H. Rev. Stat. § 552:15, the publication of notice of appointment in N.H. Rev. Stat. § 553:16, the requirement that an estate be open for at least 6 months before a motion for summary administration may be filed in N.H. Rev. Stat. § 553:33, II, for petitioning to distribute assets of an insolvent estate in N.H. Rev. Stat. § 554:19-b, the deadline for waiver or release of the will and homestead rights and election of statutory rights by a surviving spouse in N.H. Rev. Stat. § 560:10 and N.H. Rev. Stat. § 560:14, and deadlines relating to suits in RSA 556, shall run from the original grant of administration.
III. Disclaimer, ademption of legacies, or declination to serve as executor may be effectively used to cause the estate to conform to the requirements of paragraph I.
IV. A guardian may be appointed as administrator if the ward qualifies under the provisions of this section.
V. If the administrator is unable to complete the administration of the estate, administration may be completed in accordance with this section by the successor administrator.
VI. The provisions of this section do not relieve the administrator from the responsibility for payment of the expenses of administration and decedent’s debts from the assets of the estate pursuant to N.H. Rev. Stat. Chapter 554 and RSA 556.