SB 474-FN - AS INTRODUCED
2016 SESSION
\t16-2747
\t05/03
SENATE BILL\t474-FN
AN ACT\trelative to the administration of small estates.
SPONSORS:\tSen. Stiles, Dist 24; Sen. Reagan, Dist 17; Sen. Feltes, Dist 15; Sen. Boutin, Dist 16; Rep. A. Christie, Rock. 37; Rep. Parker, Carr. 6; Rep. Eaton, Ches. 3; Rep. Wall, Straf. 6
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill waives probate administration of certain small estates and provides for appointment of a voluntary personal representative to serve as the legal representative of the decedent and the decedent's estate in such cases.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2747
\t05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the administration of small estates.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Administration of Small Estates; Appointment of Voluntary Personal Representative. Amend RSA 553 by inserting after section 32 the following new section:
\t553:32-a Administration of Small Estates; Appointment of Voluntary Personal Representative.
\t\tI.(a) If a person domiciled in this state dies leaving an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal property not exceeding $25,000 in value, any interested person may, after the expiration of 30 days from the death of the decedent, provided no petition for appointment of an administrator has been filed with the probate court of the county in which the decedent resided, file with the court upon a form prescribed by the court, a statement, verified by oath, or affirmation containing:
\t\t\t\t(1) The name and residential address of the petitioner;
\t\t\t\t(2) The name, residence, and date of death of the deceased;
\t\t\t\t(3) The relationship of the petitioner to the deceased;
\t\t\t\t(4) A schedule showing every asset of the estate known to the petitioner and the estimated value of each such asset;
\t\t\t\t(5) A statement that the petitioner has undertaken to act as voluntary personal representative of the estate of the deceased and will administer the same according to law and apply the proceeds thereof in conformity with this section;
\t\t\t\t(6) The names and addresses known to the petitioner of the persons who would take under the provisions of RSA 561 in the case of intestacy; and
\t\t\t\t(7) The names and addresses known to the petitioner of the persons who would take under the provisions of the will, if any.
\t\t\t(b) The original of any will shall be filed with the above statement.
\t\tII. Upon presentation of such statement, accompanied by a certificate of the death of the deceased by a public officer and payment of such fee as may be specified by the supreme court, the register of probate shall docket these documents as a part of the permanent records of the court. Upon payment of the prescribed fee, the register of probate shall, if no other probate proceeding for administration of such estate is pending in the court, issue an attested copy of a statement duly filed under this section.
\t\tIII. Upon the presentation of a copy of a statement duly attested by the register of probate, the tender of a proper receipt in writing and the surrender of any policy, passbook, note, certificate, or other evidentiary instrument, a voluntary personal representative may, as the legal representative of the decedent and the decedent’s estate, receive payment of any debt or obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such statement. Payments and deliveries made under this section shall discharge liability of the debtor, obligor, or deliverer to all persons with respect to such debt, chattel, obligation, or other asset unless, at the time of such payment or delivery, a written demand has been made upon said debtor, obligor, or deliverer by a duly appointed personal representative.
\t\tIV. A voluntary personal representative may sell any chattel so received and negotiate or assign any chose in action to convert the same to cash in a reasonable amount.
\t\tV. A voluntary personal representative shall, as far as possible out of the assets collected, pay the charges of the decedent’s estate in accordance with the provisions of RSA 167:13 and RSA 554:19, as applicable. If any balance remains, the voluntary personal representative shall distribute it in accordance with the will or, if there is no will, in accordance with the provisions of RSA 561. The voluntary personal representative shall take no fee or commission for such services.
\t\tVI. A voluntary personal representative shall be liable as an executor in his or her own wrong as provided in RSA 553:17, and, if letters testamentary or letters of administration are at any time granted, then to the executor or administrator so appointed.
\t\tVII. If an executor or administrator is appointed under any other section of RSA 553, the powers of a voluntary personal representative appointed under this section shall immediately cease.
\t\tVIII. Upon payment of the proper fee, the register of probate may issue a certificate of appointment to such voluntary personal representative, with a copy of the statement annexed thereto.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2747
\t\t\t\t\t\t\t\t\t\t\t1/6/16
SB 474-FN- FISCAL NOTE
AN ACT\trelative to administration of small estates.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2017 through 2020.