HB543 (2005) Detail

Establishing a commission to study probate court processes and probate law.


HB 543 – AS INTRODUCED

2005 SESSION

05-0400

09/04

HOUSE BILL 543

AN ACT establishing a commission to study probate court processes and probate law.

SPONSORS: Rep. Cady, Rock 1; Rep. Reeves, Hills 8

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a commission to study probate court procedures and current law regarding the probate of wills and the administration of estates.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0400

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT establishing a commission to study probate court processes and probate law.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Commission Established. There is established a commission to study probate court procedures and current law regarding the probate of wills and the administration of estates.

2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Three members of the senate, appointed by the president of the senate.

(c) The administrative judge of the probate court, or designee.

(d) One attorney who practices probate law, appointed by the New Hamphire Bar Association.

(e) Two public members, with recent experience as executors or administrators of estates in probate in New Hampshire probate courts, appointed by the governor.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The commission shall study current probate court procedures and probate law provisions to determine whether they are efficient and fair to all parties and beneficiaries in cases involving the probate of wills and the administration of estates. The commission shall specifically consider:

I. Whether an attorney who has written the will and trust documents of a decedent should be able to act as the executor or administrator of the decedent’s estate.

II. How to prevent frivolous motions and other legal actions by administrators and executors who are heirs to estates which delay the administration of estates.

III. Simplifying the probate process and forms for filing to probate small estates.

4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

5 Report. The commission shall make an interim report on or before November 1, 2005, and a final report on or before November 1, 2006, of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.

6 Effective Date. This act shall take effect upon its passage.

Links

HB543 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB543 Revision: 8984 Date: Jan. 21, 2010, midnight

Docket