Revision: Jan. 13, 2016, midnight
\t \t\tSB 387 - AS INTRODUCED
2016 SESSION
\t16-2853
\t05/03
SENATE BILL\t387
AN ACT\trelative to the disposition of ward accounts.
SPONSORS:\tSen. Feltes, Dist 15
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill provides for the disposition of the ward's accounts upon his or her death.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2853
\t05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the disposition of ward accounts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Paragraph; Ward Accounts; Disposition Upon Death; Testate or Intestate. Amend RSA 464-A:40 by inserting after paragraph IV the following new paragraph:
\t\tV.(a) If, within 30 days after the date of a testate or intestate ward's death no petition for probate has been filed under any section of RSA 553 and the gross value of the personal property remaining in the possession of the guardian belonging to the deceased, including any amount left in designated accounts for the ward, is no more than $5,000, the guardian shall file in the probate court in the county having jurisdiction over the guardianship an affidavit for the purpose of disposing of such deceased ward's estate. Once approved by the court, the guardian shall be authorized to dispose of the ward's accounts in a manner consistent with the court's order. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33.
\t\t\t(b) If the ward died testate and if the guardian has the original will, the guardian shall file the original will in the probate court in the county where the ward died. A copy of the will shall be attached to the affidavit filed pursuant to subparagraph (a).
\t\t\t(c) Notwithstanding the provisions of RSA 561, if all known debts of the deceased have been paid and a balance remains in the deceased's estate after the filing required under subparagraph (a), the probate court may order the public guardian to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
\t\t\t(d) Any organization providing guardianship or other services to any individual under the public guardianship and protection program pursuant to RSA 547-B is authorized to dispose of the client's accounts in a manner consistent with the terms of subparagraph (a).
\t2 Effective Date. This act shall take effect upon its passage.