547:1 Court of Record. – The court of probate is a court of record for all purposes, and each probate court shall be provided with a seal bearing upon its face the name of the court and the name of this state. Source. RS 152:2, 19. CS 161:2, 19. GS 170:1. GL 189:1. PS […]
547:10 Guardianship Proceedings. – All proceedings in relation to the property or estate of a person under guardianship shall be had in the court of probate of the county in which the guardian was appointed. Source. RS 152:9. CS 161:9. GS 170:8. GL 189:8. PS 182:10. PL 293:10. RL 346:10.
547:11 Enforcement of Orders, Etc. – The judge shall have power to enforce all orders and decrees made by him in the exercise of any authority or jurisdiction conferred upon him, and to punish contempts of his authority, as the superior court has in like cases. Whenever it appears necessary to preserve or protect […]
547:11-a Authority on Accounting by Fiduciaries. – In any accounting by an executor, administrator, trustee, guardian, or other fiduciary, the judge may require him, or any of them if there are more than one, to produce during the proceedings or afterward, as he may direct, any securities or moneys comprised in the account or […]
547:11-b Declaratory Judgments. – Any person claiming a present legal or equitable right or title to real or personal property in the estate of deceased persons or to guardianship, conservatorship, or trust assets may maintain a petition against the estate, guardian, conservator, or trustee to determine the question as between the parties, and the […]
547:11-c Quiet Title. – An action may be brought in probate court by any person claiming title to, or any interest in, real or personal property, or both, in partition under RSA 547-C, listed in the estate of a deceased person or listed as guardianship, conservatorship, or trust assets over which the probate court […]
547:11-d Transfer to Superior Court. – In cases where a right to jury trial is guaranteed by the constitution or granted by statute, a plaintiff desiring a jury trial shall file the action in the superior court, and filing the action in the probate court where there is concurrent jurisdiction shall constitute a waiver […]
547:11-e Repealed by 2011, 88:29(28), eff. July 1, 2011. –
547:11-f Motions for Summary Judgment. – In any proceeding in the probate court, summary judgment may be granted in accordance with procedures established by supreme court rule. Source. 1993, 190:7, eff. Jan. 1, 1994.
547:12 Drawing Will. – He shall not make or draft a will for any other person, and all wills so made or drawn after July 16, 1864, shall be void. Source. 1864, 2882:4. GS 170:18. GL 189:23. PS 182:11. PL 293:12. RL 346:12.
547:13 Acting as Counsel. – He shall not act as counsel or advocate in any business in, or which may be brought into any probate court. No attorney shall be permitted to practice before any probate judge who is a partner, associate, employee or employer of said attorney, or is a stockholder in a […]
547:14 Interest. – He shall not act as judge in the settlement of any estate wherein he is interested as heir or legatee, executor, or administrator, or as guardian or trustee of any person. Source. RS 152:10. CS 161:10. GS 170:9. GL 189:9. PS 182:13. PL 293:14. RL 346:14.
547:15 If Disqualified to Sit. – If the judge disqualifies himself, by reason of a conflict of interest or otherwise, to sit in any case, he shall cause a record of the disqualification to be made and shall adjourn the case to another time and place. Upon the assignment of the administrative judge of […]
547:16 Compensation of Judge Acting for Another. – Such judge shall be allowed the same per diem compensation as is generally allowed to masters by the superior court plus his reasonable expenses, which shall be paid by the state. Source. RS 152:13. CS 161:13. 1864, 2882:2. GS 170:11. GL 189:11. PS 182:15. PL 293:16. […]
547:17 Records; Appeals. – The records in the case shall be kept, and appeals shall be claimed and allowed, in the county where the case may be pending. Source. RS 152:12. CS 161:12. GS 170:12. GL 189:12. PS 182:16. PL 293:17. RL 346:17.
547:18 Vacancy. – Whenever there is a vacancy in the office of the judge of probate of any county, the administrative judge of the probate court shall call upon the judge of some other county, who shall act during such vacancy. Such judge who is called upon shall receive the same per diem compensation […]
547:18-a Absence or Inability to Attend. – Whenever a judge of probate in any county shall be absent or unable to attend a session of the probate court, the administrative judge of the probate court shall call upon the judge of some other county, who shall act during such absence or inability. Such judge […]
547:19 Powers of Judge Acting for Another. – The judge so holding court is authorized to do any business that the judge for the county could lawfully do. Source. 1883, 71:2. PS 182:18. 1917, 107:2. PL 293:19. RL 346:19. RSA 547:19. 1997, 100:9, eff. Jan. 1, 1998.
547:19-a Retirement Due to Disability. – Notwithstanding any other provisions of law, any judge of probate who shall become unable to perform his duties because of permanent disability shall be retired from regular active service on the bench for the remainder of his term. Any such judge who desires to retire because of inability […]
547:19-b Retirement Due to Constitutional Age Limitation. – Any judge of probate who is not a full-time judge under the provisions of RSA 547:2-a who retires from active regular service due to the provisions of RSA 493:2, relative to the constitutional age limitation, before January 1, 1981, after having served in such capacity for […]
