Bill Text - SB92 (2023)

Relative to the authority of registers of probate.

Revision: Jan. 18, 2023, 5:10 p.m.

SB 92-FN - AS INTRODUCED

 

 

2023 SESSION

23-1017

04/05

 

SENATE BILL 92-FN

 

AN ACT relative to the authority of registers of probate.

 

SPONSORS: Sen. Gray, Dist 6

 

COMMITTEE: Election Law and Municipal Affairs

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill establishes specific authority and duties of the registers of probate.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-1017

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to the authority of registers of probate.

 

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

 

1  New Section; Registers of Probate; Authority.  Amend RSA 548 by inserting after section 1 the following new section:

548:1-a  Information About Probate Court Filings.

I.  Registers of probate shall provide information prepared by the circuit court, probate division, to parties regarding the probate process.  The information prepared by the probate division shall include an overview of probate process and court contact information for parties to probate cases.

II.  Registers of probate shall complete the probate portion of the circuit court training for volunteers under the court navigator program prior to taking the oath of office.  If after being given a reasonable time, in the judgment of the commissioners, to complete the required training or correct a decertification by the court system the county commissioners of the county involved may declare the office vacant and appoint a replacement resister of probate.

III.  Registers of probate who have completed training provided by the circuit court, for volunteers under the court navigator program can provide assistance to parties in probate division cases to the same extent as a court navigator volunteer.

IV.  Registers of probate shall not provide legal assistance,  They may provide assistance with process issues such as assistance in logging into and navigating the court computer system and other assistance consistent with their training.  Nothing in this section shall be construed to authorize registers of probate to give legal advice or otherwise engage in the unauthorized practice of law.  Registers of probate shall be answerable to the county commissioners and are not judicial branch employees.

V.  Registers of probate shall not charge a fee but may receive any compensation for services provided as authorized under RSA 548:17 or as provided by the county delegation.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

23-1017

1/5/23

 

SB 92-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the authority of registers of probate.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill establishes specific authority and duties of the registers of probate. The Judicial Branch makes the following assumptions regarding the fiscal impact of the bill:

  • Although the effective date of the bill is 60 days, because current Registers of Probate have already been sworn in, the Judicial Branch assumes that the first class of Registers of Probate that would be subject to the provisions of the bill are those who are elected in the 2024 General Election. (assuming no elections occur before then)
  • The Branch will not be responsible for providing equipment or supplies to Registers of Probate.  
  • The Registers of Probate will need to meet the same qualifications as other volunteers, including submitting to a background check, before participating in any Judicial Branch training.  

 

The Judicial Branch states the fiscal impact on the Branch is indeterminable but not expected to be significant.  The Branch would be required to hold training for Registers of Probate between the date of their election and the date they would be sworn in.  The Branch would need to prepare materials for Registers of Probate to distribute to parties.  There may be some additional time and expense associated with the training and preparation of materials.  The Branch anticipates the majority of those costs would be incurred in FY 2025, the first year of implementation.

 

AGENCIES CONTACTED:

Judicial Branch