§560:3-601 Qualification. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. L 1996, c 288, pt of §1 Rules of Court Bond, see HPR rule 46.
§560:3-602 Acceptance of appointment; consent to jurisdiction. By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to the personal representative by ordinary […]
§560:3-603 Bond not required without court order, exceptions. (a) No bond is required of a personal representative appointed in informal proceedings, except: (1) Upon the appointment of a special administrator where bond has been requested by an interested party and the court is satisfied that it is desirable; (2) When an executor or other personal […]
§560:3-604 Bond amount; security; procedure; reduction. If bond is required and the provisions of the will or order do not specify the amount, unless stated in the person’s application or petition, the person qualifying shall file a statement under oath with the registrar indicating the person’s best estimate of the value of the personal estate […]
§560:3-605 Demand for bond by interested person. Any person apparently having an interest in the estate worth in excess of $1000, or any creditor having a claim in excess of $1000, may make a written demand that a personal representative give bond. The demand shall be filed with the court and a copy mailed to […]
§560:3-606 Terms and conditions of bonds. (a) The following requirements and provisions apply to any bond required by this part: (1) Bonds shall name the presiding judge and the judge’s successors as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of […]
§560:3-607 Order restraining personal representative. (a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of office, or make any other […]
§560:3-608 Termination of appointment; general. Termination of appointment of a personal representative occurs as indicated in sections 560:3-609 to 560:3-612. Termination ends the right and power pertaining to the office of personal representative as conferred by this chapter or any will, except that a personal representative, at any time prior to distribution or until restrained […]
§560:3-609 Termination of appointment; death or disability. The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates the personal representative’s appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the […]
§560:3-610 Termination of appointment; voluntary. (a) An appointment of a personal representative terminates as provided in section 560:3-1003, one year after the filing of a closing statement. (b) An order closing an estate as provided in section 560:3-1001 or 560:3-1002 terminates an appointment of a personal representative. (c) A personal representative may resign the position […]
§560:3-611 Termination of appointment by removal; cause; procedure. (a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and […]
§560:3-612 Termination of appointment; change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to […]
§560:3-613 Successor personal representative. Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, […]
§560:3-614 Special administrator; appointment. A special administrator may be appointed: (1) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 560:3-609; and (2) […]
§560:3-615 Special administrator; who may be appointed. (a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified. (b) In other cases, any proper person […]
§560:3-616 Special administrator; appointed informally; powers and duties. A special administrator appointed by the registrar in informal proceedings pursuant to section 560:3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon qualification. The special administrator has […]
§560:3-617 Special administrator; formal proceedings; power and duties. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or […]
§560:3-618 Termination of appointment; special administrator. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 560:3-608 through 560:3-611. [L 1996, c […]
