HB 471 – AS INTRODUCED
2005 SESSION
01/09
HOUSE BILL 471
AN ACT relative to probate requirements for small estates.
SPONSORS: Rep. S. Scamman, Rock 13; Rep. Langley, Rock 18
This bill allows the heir at law to transfer title to a motor vehicle or boat when the assets of the decedent are such that it is not necessary to probate the estate.
This bill also changes the amount of small estates from $10,000 to $25,000.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0606
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to probate requirements for small estates.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Motor Vehicles; Transfer by Executor or Heir at Law. Amend RSA 261 by inserting after section 17 the following new section:
261:17-a Transfer by Executor or Heir at Law.
I. Upon the death of a resident owner of a motor vehicle registered in this state the executor of the decedent’s estate may transfer ownership of such motor vehicle, pursuant to the provisions of RSA 261:14, without being appointed by the probate court as executor of the decedent’s estate. The signature of the executor shall be sufficient to transfer ownership of such motor vehicle accompanied by:
(a) A copy of the death record; and
(b) A copy of the will appointing the transferor as executor of the decedent’s estate.
II. Upon the death of a resident owner of a motor vehicle registered in this state without a will, the heir at law may transfer ownership of such motor vehicle, pursuant to the provisions of RSA 270-E:10, without the probate of the decedent’s estate. The signature of the heir at law shall be sufficient to transfer ownership of such motor vehicle accompanied by:
(a) A copy of the death record; and
(b) Proof that the transferor is the legal heir at law.
2 New Sections; Watercraft; Transfer by Executor or Heir at Law. Amend RSA 270-E by inserting after section 10 the following new sections:
270-E:10-a Joint Tenancy With Rights of Survivorship.
I. Upon the death of a married resident owner of a vessel registered in this state, the vessel, if used for family purposes, shall be deemed to have been jointly held property with right of survivorship unless otherwise designated on the certificate of title, and the transfer of any interest in such vessel, pursuant to the provisions of RSA 270-E:10.
II. The surviving spouse may transfer the ownership of the vessel, pursuant to the provisions of RSA 270-E:10, without obtaining from the probate court a certificate of appointment as executor or administrator of the estate of the deceased spouse. The signature of the surviving spouse shall be sufficient for the transfer of any interest in such vessel, pursuant to the provisions of RSA 270-E:10.
III. Individuals who are joint owners of a vessel registered in this state may provide for survivorship. If the joint ownership is held by using “and” between their names, they may obtain registration of the vessel as joint tenants with rights of survivorship by designating this preference on their registration. If their joint ownership is held by using “or” between their names, no other designation is required. Upon the death of one of the owners, the surviving owner shall be considered the owner of such vessel which shall not terminate the certificate of registration or numbers.
270-E:10-b Transfer by Executor or Heir at Law.
I. Upon the death of a resident owner of a vessel registered in this state the executor of the decedent’s estate may transfer ownership of such vessel, pursuant to the provisions of RSA 270-E:10, without being appointed by the probate court as executor of the decedent’s estate. The signature of the executor shall be sufficient to transfer ownership of such vessel accompanied by:
(a) A copy of the death record; and
(b) A copy of the will appointing the transferor as executor of the decedent’s estate.
II. Upon the death of a resident owner of a vessel registered in this state without a will, the heir at law may transfer ownership of such vessel, pursuant to the provisions of RSA 270-E:10, without the probate of the decedent’s estate. The signature of the heir at law shall be sufficient to transfer ownership of such vessel accompanied by:
(a) A copy of the death record; and
(b) Proof that the transferor is the legal heir at law.
3 Administration of Small Estates; Amount of Small Estate. Amend the introductory paragraph of RSA 553:31, I to read as follows:
I. If the estate of a person, whether testate or intestate, consists entirely of personal property of a gross value not exceeding [$10,000] $25,000, and the will has been allowed, or if no will, after the expiration of 30 days from date of death, and no petition under RSA 552:7 or 552:8 or any other sections of RSA 553 has been filed, the right to administer shall be in the executor named in the will, if any, and otherwise as set forth in RSA 553:2, upon filing with the probate court in the county in which the deceased was domiciled at the time of death, a petition stating that the petitioner has undertaken to act as executor or voluntary administrator of such estate and will administer the same according to law. Such executor or voluntary administrator shall, at the time of filing such petition, also file:
4 Administration of Small Estates; Amount of Estate. Amend RSA 553:31, III to read as follows:
III. An executor or voluntary administrator appointed pursuant to the provisions of this section shall be liable as an executor in his or her own wrong, as provided in RSA 553:17, to all persons aggrieved; and if letters testamentary or of administration are later granted, then to the executor or administrator so appointed. If an executor or administrator of the deceased person is appointed under any other sections of RSA 553, the powers of the executor or voluntary administrator appointed pursuant to this section shall immediately cease. If during the administration of the estate, the executor or voluntary administrator appointed under this section uncovers additional personal property of the estate of the deceased person not listed on the original petition, and such additional assets, when added to those originally listed, do not exceed [$10,000] $25,000, the executor or voluntary administrator shall file an amended petition listing the total value of the personal estate reported on the original petition and itemizing each additional asset to be administered. Upon approval of the court, the register of probate shall issue an attested copy of the amended petition, which amended petition shall have the same force and effect as the original attested copy of the petition issued by the register of probate.
5 Effective Date. This act shall take effect January 1, 2006.