556:1 No Action Within Six Months, Etc. – No action shall be sustained against an administrator if begun within six months after the original grant of administration, nor unless the demand has been exhibited to the administrator and payment has been demanded. Source. RS 161:1. CS 170:1. GS 179:1. GL 198:1. PS 191:1. PL […]
556:10 Pending Actions. – If such an action is pending at the time of the decease of one of the parties it shall abate and be forever barred, unless the administrator of the deceased party, if the deceased was plaintiff, shall appear and assume the prosecution of the action before the end of the […]
556:11 New Action. – If an action is not then pending, one may be brought for such cause at any time within 6 years after the death of the deceased party, subject to the provisions of RSA 508. Source. 1887, 71:3. PS 191:10. PL 302:11. RL 355:11. RSA 556:11. 1983, 177:1, eff. Aug. 9, […]
556:12 Damages for Wrongful Death, Elements. – I. If the administrator of the deceased party is plaintiff, and the death of such party was caused by the injury complained of in the action, the mental and physical pain suffered by the deceased in consequence of the injury, the reasonable expenses occasioned to the estate […]
556:13 Limitation of Recovery. – The damages recoverable in such an action shall not exceed fifty thousand dollars except in cases where the plaintiff’s decedent has left either a widow, widower, child, father, mother, or any relative dependent on the plaintiff’s decedent in which event there shall be no limitation. In the trial of […]
556:14 Distribution of Damages. – In such cases, the damages recovered, less the expenses of recovery, expenses of administration, taxes or other debts as approved by the probate court, shall become a part of the decedent’s estate and be distributed in accordance with the applicable provisions of law. Source. PS 191:13. 1893, 67:5. 1923, […]
556:15 Survival of Other Actions. – All other actions and causes of action existing in favor of or against a deceased person, except those for the recovery of penalties and forfeitures of money under penal statutes, shall survive, and may be prosecuted or defended by his administrator. Source. RS 161:16, 20; 186:14. 1844, 139:1. […]
556:16 Real Actions. – The administrator, as such, may maintain any action necessary and proper to be brought in relation to real estate set off to him for debts due the estate, and to the real estate of the deceased in cases of insolvency, until the administration is closed. Source. RS 161:19. CS 170:19. […]
556:17 Real Actions Pending. – The administrator, as such, may prosecute and defend all real actions pending at the decease of the testator or intestate. Source. RS 161:20. CS 170:20. GS 179:20. GL 198:20. PS 191:16. PL 302:17. RL 355:17.
556:18 Appeals. – Any appeal to which the deceased was entitled, or which might be prosecuted against him at the time of his decease, may be begun or prosecuted by or against his administrator. Source. RS 161:16. 1844, 139:1. CS 170:16. GS 179:16. GL 198:16. PS 191:17. PL 302:18. RL 355:18.
556:19 Action by Interested Person. – Any person interested in the estate of a person deceased may begin an action as administrator, which shall not be abated nor the attachment lost because such person is not administrator, nor by his decease, if the administrator then or afterward appointed shall, at the first or second […]
556:2 Notice of Claim. – A notice sent to the administrator or his agent by registered mail, setting forth the nature and amount of the claim and a demand for payment, shall be deemed a sufficient exhibition and demand. Source. 1919, 69:1. PL 302:2. RL 355:2.
556:20 Administrator’s Death, Etc. – An action in which an administrator is party shall not be abated by reason of his death, or of the extinguishment or revocation of his trust, but may be prosecuted or defended by the administrator succeeding to the trust, who may be called into court by scire facias, in […]
556:21 Joint Demands. – The estate of a person deceased and the administrator thereof shall be liable upon joint demands against the deceased and another person, as they would be if the demands were joint and several, unless it appears that it was the intention of the parties that the survivor only should be […]
556:22 Actions Between Administrators. – A joint administrator or guardian may have an action of account or assumpsit against the other administrator or guardian who shall refuse to apply the estate in his hands to the discharge of the just demands against it, or who shall refuse to account therefor, and he shall recover […]
556:23 Neglect to Become Party. – If an administrator, having been duly served with a scire facias, shall not become party to a suit, judgment may be rendered against the estate of the deceased in the same manner as if he had become a party. Source. RS 161:17. CS 170:17. GS 179:17. GL 198:17. […]
556:24 Continuances. – In all cases where an administrator becomes a party to a pending suit he shall be entitled to one continuance as of course. Source. RS 161:18. CS 170:18. GS 179:18. GL 198:18. PS 191:23. PL 302:24. RL 355:24.
556:25 Attachments; Levies. – Writs of attachment and execution against administrators, where the cause of action existed against the deceased, shall run only against the goods or estate of the deceased, and the administrator shall not be arrested, or his estate be attached or levied upon, in such action. Source. RS 161:12. CS 170:12. […]
556:26 Return of "No Goods," Etc. – Upon return of "no goods," or "waste," made by the sheriff on such execution, an execution may be awarded on scire facias against the goods, estate and person of the administrator, as for his own debt, to the amount of such waste, if it can be ascertained, […]
556:27 Adjustment of Claims. – The probate court may authorize administrators and guardians to adjust by compromise or arbitration any controversy between them and persons making claims against the estates in their hands. The attorney general or the director of the register of charitable trusts shall be a necessary party to any agreement between […]
