Revision: May 20, 2016, midnight
\t \t\tSB 387 - VERSION ADOPTED BY BOTH BODIES
03/24/2016 1040s
11May2016... 1401h
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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/2016 1040s
11May2016... 1401h\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 may 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 will or a copy of the will, the guardian shall file the will or copy of the will and a death certificate with the probate court having jurisdiction where the ward resided at the time of the ward's death pursuant to RSA 552:2. A copy of the will also shall be filed in the probate court having jurisdiction over the guardianship.
\t\t\t(c) If the deceased ward has known debts, the probate court may order the guardian to pay such debts to those creditors in the order of priority pursuant to RSA 554:19. If all known debts of the deceased have been paid and a balance remains in the designated accounts for the ward after the filing required under subparagraph (a), the probate court may order the guardian to pay the balance to the ward's beneficiaries pursuant to the terms of the ward's will, or if the ward had no will, to those heirs who would inherit pursuant to RSA 561:1. The probate court may also order the 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 guardian, or any organization providing guardianship or other fiduciary services to any individual under the public guardianship and protection program pursuant to RSA 547-B may petition the probate court to dispose of any non-guardianship accounts, to include but not limited to social security representative payee accounts, and the probate court may authorize the release and distribution of such funds pursuant to the terms of this paragraph.
\t2 Applicability. RSA 464-A:40, V, as inserted by section 1 of this act, shall apply to any petition filed after the effective date of this act, regardless of the date of the ward's death.
\t3 Effective Date. This act shall take effect upon its passage.