Revision: Feb. 7, 2023, 3:34 p.m.
Election Law and Municipal Affairs
February 7, 2023
2023-0398s
07/08
Amendment to SB 92-FN
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Information About Probate Court Filings; 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 may provide information to parties regarding probate process governed under state statute using information provided by the probate division regarding an overview of probate process and court information.
II. In order to qualify to be elected as register of probate, or to qualify to fill a vacancy, the candidate shall be an active volunteer with the court probate navigator program, and must continue to participate as an active volunteer with the court probate navigator program throughout the term as a register of probate. This paragraph shall not apply if the judicial branch does not have a probate navigator program at the time of the election or appointment, or if the probate navigator program is discontinued during the register of probate’s term of office.
III. Registers of probate may provide assistance with process issues such as assistance in logging into and navigating the court electronic filing process and provide 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. Nothing in this section shall be construed to give registers of probate the status of judicial branch employees.
IV. Registers of probate shall not charge a fee or receive any compensation for services provided under this section other than what is authorized under RSA 548:17.
V. In the event that a register of probate stops participating in the court navigator program, the county commissioners shall have the ability to fill the position with a candidate who is qualified under paragraph II of this section. Failure to continue to participate in the program throughout the term shall disqualify the person to be a candidate for register of probate in the next election. This paragraph shall not apply if the judicial branch does not have a probate navigator program at the time of the election or appointment, or if the probate navigator program is discontinued during the register of probate’s term of office.
2 Effective Date. This act shall take effect January 1, 2025.