552:1 Requirement. – No will shall be effectual to pass either real or personal estate unless duly proved and allowed in the court of probate; and the probate of a will devising real estate shall be conclusive as to its due execution, as in case of a will of personal estate. Source. RS 157:1. […]
552:10 Failure to Present. – If a will filed in the probate office shall not be presented for probate by the executor, or by a person interested therein, the judge, on application of the widow or an heir of the deceased, and due notice, may approve and allow or disallow it; and the decree […]
552:11 Appointment of Guardians, Etc. – No decree approving and allowing or disallowing a will shall be made in solemn form until guardians have been appointed for all minors and others interested therein who are incapacitated to take care of their estates, and until agents have been appointed by the judge for all persons […]
552:12 If Witness Becomes Incompetent or Unavailable. – If the attesting witnesses, after the execution of a will, become incompetent from any cause, or if the court determines that the testimony of such witnesses is unavailable under the circumstances, the will may be proved and allowed upon other satisfactory evidence. Source. RS 157:12. CS […]
552:13 Foreign Will. – A duly authenticated copy of a will made out of this state, which has been proved and allowed by a court of probate or by a court of similar powers in one of the United States, or in a foreign country, and a duly authenticated copy of the probate of […]
552:14 Petition to File Foreign Will. – The executor, or any person interested, may produce such copies to the judge of any county in which there is estate on which the same may operate, and may in writing request the same to be filed and recorded; and if, upon due notice, no sufficient objection […]
552:15 Notice to Legatees and Heirs at Law. – Every executor shall, within sixty days after his appointment, notify each legatee specifically named in the will of the fact that such legatee appears to be interested therein, and shall notify the surviving spouse and heirs at law, if known, that the will has been […]
552:16 Form of Service. – The notice shall be in form prescribed by the probate court, and shall be delivered by such executor to such legatee, surviving spouse and heirs at law in person or by sending the same by mail, postage prepaid, addressed to the last known place of residence or place of […]
552:17 By Mail. – If such legatee shall not be living, or such corporation, association or institution shall have discontinued business, notice by mail as herein required shall be sufficient. Source. 1915, 76:1. PL 298:17. RL 351:17.
552:18 Proof of Will During Life. – I. During his or her life, an individual may commence a judicial proceeding to determine the validity of his or her will, subject only to the will’s subsequent modification or revocation. For purposes of commencing the proceeding under this section, the individual must be domiciled in this […]
552:2 Delivery of Will. – Every person having the custody of a will shall, within 30 days after he has knowledge of the decease of the testator, deliver it to the court of probate, or to the person named therein as executor. Source. RS 157:2. CS 166:2. GS 175:2. GL 194:2. 1883, 61:5. PS […]
552:3 Duty of Executor. – The person named as executor of a will shall, within 30 days after the decease of the testator, or within 30 days after the person has knowledge of being so named, whichever is later, file the will in the probate court. If the estate contains any assets, the named […]
552:4 Forfeit for Neglect. – Any person who shall neglect any duty required by RSA 552:2 and 552:3 shall, unless he gives an excuse satisfactory to the court of probate, forfeit the sum of twenty dollars for each month he shall so neglect after said thirty days, to be recovered by any person having […]
552:5 Neglect After Citation. – If a person having in his custody a will neglects to deliver it to the court of probate, after being duly cited for that purpose, he may be imprisoned by warrant issued by the court until he shall deliver it. Source. RS 157:5. CS 166:5. GS 175:5. GL 194:5. […]
552:5-a Names of Heirs. – The executor named in the will or any person presenting the will for probate shall, with his petition for appointment, file a list of the names of the surviving spouse and known heirs at law of the testator, their relationships, and their addresses, if known. Source. 1959, 70:1, eff. […]
552:5-b Self-Proved Will. – Any will meeting the requirements of RSA 551:2-a, RSA 551:5, II, or RSA 551-A:10 is self-proved and shall be allowed as such by the probate court. Source. 1985, 200:3. 1999, 100:6, eff. Jan. 1, 2000.
552:6 Proof, Common Form. – If the probate of a will is not contested the judge may allow and approve it in common form, upon the testimony of one of the subscribing witnesses, though the others are living and within process of the court, or upon the assent of the surviving spouse, legatees, devisees, […]
552:6-a Repealed by 1985, 200:5, I, eff. Jan. 1, 1986. –
552:6-b Repealed by 1985, 200:5, II, eff. Jan. 1, 1986. –
552:7 Proof, Solemn Form; Issues to Court. – Any party interested may have the probate of a will which has been proved without notice re-examined, and the will proved in solemn form before the court of probate at any time within 6 months of such probate. Any issue related to the execution of a […]