sb 0061

CHAPTER 98

SB 61 - FINAL VERSION

AN ACT establishing a procedure for summary administration of estates.

SPONSORS: Sen. Gordon, Dist 2; Rep. Craig, Hills 38

This bill establishes a procedure to close estates through summary administration.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing a procedure for summary administration of estates.

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

98:1 New Subdivision; Summary Administration. Amend RSA 553 by inserting after section 31 the following new subdivision:

I. This section shall apply to all estates, testate and intestate, other than those estates governed by RSA 553:31 and RSA 554:1-a.

II. Summary administration is available to expedite the closing of an estate when further court supervision of the administration of the estate is no longer necessary. The approval of a motion for summary administration by the court will eliminate the requirement of filing a final account and receipts for the balance of the estate. All other documents required by statute shall be filed. In those estates in which there is federal estate tax liability, the court shall not require the administrator to file a closing letter from the Internal Revenue Service. An administrator may file a motion for summary administration to close an estate not less than 6 months after the date of appointment of the administrator.

III.(a) A motion for summary administration shall contain a statement of the administrator under oath that:

(2) To the best of the knowledge and belief of the administrator there are no outstanding debts, obligations, or unpaid or unresolved claims attributable to the deceased's estate.

(3) No New Hampshire estate or inheritance taxes are due, or all applicable New Hampshire estate and inheritance taxes have been paid, and a certificate from the department of revenue administration under RSA 86:32 has been filed with the court.

(4) No federal estate tax is due, or the federal estate tax return has been filed and all taxes reported thereon have been paid.

(5) Court supervision of the administration of the estate is no longer necessary.

(6) The administration of the estate will be completed without further court supervision in accordance with the decedent's will and applicable law.

(b) The administrator shall attach to the motion either receipts or assents from all specific legatees, and assents from all other persons beneficially interested, as defined in RSA 550:12. The assents shall state that the beneficially interested person:

(1) Agrees that further court supervision of the administration of the estate is no longer necessary;

IV. The court may grant a motion for summary administration if all provisions of paragraphs II and III have been met. Upon the granting of a motion for summary administration, the court shall close the estate and release the bond. The administrator shall then be obligated to complete the administration of the estate without further court supervision in accordance with the decedent's will and applicable law.

98:2 Motion for Summary Administration Added. Amend RSA 86:31 to read as follows:

86:31 Conditions of Allowance of Account or Motion for Summary Administration. No final account or motion for summary administration of an executor, administrator, or trustee shall be allowed by the probate court until the certificate of the department of revenue administration has been filed in said court, stating that all tax returns required by the provisions of this chapter have been filed and that the amounts of self-assessed taxes have been paid, and that provision has been made for any taxes which may become due on said property or interest, or that the payment thereof to the state is assumed by the legatee receiving such property or interest secured by deposit, or by lien on real estate.

98:3 New Subdivision; Summary Administration. Amend RSA 553 by inserting after section 32 the following new subdivision:

I. This section shall apply to all estates, testate and intestate, other than those estates governed by RSA 553:31 and RSA 553:32.

III.(a) A motion for summary administration shall contain a statement of the administrator under oath that:

(2) To the best of the knowledge and belief of the administrator there are no outstanding debts, obligations, or unpaid or unresolved claims attributable to the deceased's estate.

(4) No federal estate tax is due, or the federal estate tax return has been filed and all taxes reported thereon have been paid.

(5) Court supervision of the administration of the estate is no longer necessary.

(6) The administration of the estate will be completed without further court supervision in accordance with the decedent's will and applicable law.

(1) Agrees that further court supervision of the administration of the estate is no longer necessary;

98:4 Contingency. If SB 63 of the 2001 regular session becomes law, section 3 of this act shall take effect 30 days after its passage and section 1 of this act shall not take effect. If SB 63 of the 2001 regular session does not become law, section 1 of this act shall take effect 30 days after its passage and section 3 of this act shall not take effect.

I. Sections 1 and 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect 30 days after its passage.

(Effective Date: I. Sections 1 and 3 shall take effect as provided in section 4.

II. Remainder takes effect July 21, 2001)