Bill Text - SB145 (2013)

Allowing publication by electronic means by the probate division.


Revision: March 7, 2013, midnight

SB 145-FN – AS INTRODUCED

2013 SESSION

13-0951

01/09

SENATE BILL 145-FN

AN ACT allowing publication by electronic means by the probate division.

SPONSORS: Sen. Boutin, Dist 16; Sen. Rausch, Dist 19; Sen. Larsen, Dist 15; Sen. Watters, Dist 4; Rep. Duarte, Rock 2; Rep. Campbell, Hills 33; Rep. Suzanne Smith, Graf 8

COMMITTEE: Judiciary

ANALYSIS

This bill allows publication of notice by electronic means by the probate division.

This bill is a request of the supreme court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0951

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT allowing publication by electronic means by the probate division.

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

1 Publication of Notice in Newspaper or Electronic Media. RSA 550:10 is repealed and reenacted to read as follows:

550:10 Publication of Notice in Newspaper or Electronic Media.

I. Notwithstanding any other provision of law, whenever notice is required to be published by the probate court, the clerk of the applicable circuit court established in RSA 490-F shall cause such notice to be published 2 weeks successively in a newspaper which circulates in the town or city in which the person whose estate is involved last resided, or in the county whose court has jurisdiction, or shall cause such notice to be made available to the public by electronic media for no less than 2 weeks, or otherwise as ordered by the judge.

II. The clerk may select the newspaper or electronic media for publication, provided that it is a newspaper or electronic media in the English language, unless the judge shall otherwise order. The clerk may publish a notice in a newspaper or electronic media in other than the English language, provided that the same notice is published in the English language at the same time. If in a newspaper, the first publication shall be at least 2 weeks before the day or thing of which notice is given and the second publication shall be at least 7 days before the day or thing of which notice is given, unless otherwise ordered by the judge. If published by electronic media, such publication shall commence no later than 2 weeks before the day or thing of which notice is given, unless otherwise ordered by the judge.

III. The clerk may publish in one notice the necessary information pertaining to more than one estate, provided, however, that each separate subject matter such as the appointment of a fiduciary, a hearing on an account, a hearing on a license to sell real estate, or any other designated subject matter shall have a specific designation within each such notice.

IV. Prior to such publication, the fiduciary of the estate concerned shall advance and pay to the clerk the cost of such publication as determined by the clerk, and a fee to the clerk as established by the supreme court under RSA 490:27. The fiduciary shall be allowed said sums so paid to the clerk in the account.

2 Effective Date. This act shall take effect January 1, 2014.

LBAO

13-0951

01/25/13

SB 145-FN – FISCAL NOTE

AN ACT allowing publication by electronic means by the probate division.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Judicial Branch. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

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