sb 0063

CHAPTER 195

SB 63 - FINAL VERSION

AN ACT relative to administration of estates and filing of wills by executors.

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

This bill makes certain technical changes in the laws relative to administration of estates and the filing of wills by executors.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to administration of estates and filing of wills by executors.

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

552:3 Duty of Executor. The person named as executor of a will shall, within 30 days after the decease of the testator, or within 30 days after the person has knowledge of being so named, whichever is later, file the will in the probate court. If the estate contains any assets, the named executor shall cause the will to be proved or shall file a written refusal to accept the trust. If the estate contains no assets, the named executor shall provide a certificate of death for the decedent and shall file the will with no administration.

I. If the estate of a person, whether testate or intestate, consists entirely of personal property of a gross value not exceeding $10,000, and the will has been allowed, or if no will, after the expiration of 30 days from date of death, [~~the will, if any, has been allowed~~] and no petition under RSA 552:7 or 552:8 or any other sections of RSA 553 has been filed, the right to administer shall be in the executor named in the will, if any, and otherwise as set forth in RSA 553:2, upon filing with the probate court in the county in which the deceased was domiciled at the time of death, [~~an affidavit~~] a petition stating that the [~~affiant~~] petitioner has undertaken to act as executor or voluntary administrator of such estate and will administer the same according to law. Such executor or voluntary administrator shall, at the time of filing such [~~affidavit~~] petition, also file:

(b) A list of heirs or list of legatees or devisees as required under RSA 86:18;

(c) A report of gifts and transfers in accordance with RSA 86:22 with the register of probate and with the department of revenue administration;

(d) An appointment of some person residing in this state as an agent pursuant to RSA 553:25 for every nonresident executor or voluntary administrator; [~~and~~]

(e) A list of assets owned by the deceased and to be administered, sufficiently described to afford reasonable identification, along with a list of the value of each. The list of assets shall be incorporated into the [~~affidavit~~] petition. The form of the [~~affidavit~~] petition, and the rules governing proceedings under this section, shall be prescribed in the manner referenced by RSA 547:33[.]; and

(f) A certification that a copy of the petition has been forwarded to all persons beneficially interested, as defined in RSA 550:12.

II. Upon approval of the probate court and payment of a fee as established by the supreme court, the register of probate shall, if no other petition for administration is pending, issue an attested copy of the [~~affidavit~~] petition bearing the court's approval. The attested copy of the [~~affidavit~~] petition issued shall constitute sufficient legal authority to all persons whether as depository, register or transfer agent, debtor or otherwise owing any money or having custody of, an interest in, or dealing with, any of the property or property interests or rights listed in the list of assets and values within the attested copy of the [~~affidavit~~] petition, to make payment, surrender custody, or transfer to the [~~affiant~~] executor or voluntary administrator any such property or property interests or rights of the deceased belonging to the deceased's estate with the same effect as if made to an executor or administrator otherwise duly appointed pursuant to the provisions of RSA 553. Out of the assets which the executor or voluntary administrator collects, the executor or voluntary administrator shall pay the charges of the deceased's estate in accordance with the provisions of RSA 167:13, RSA 554:19, or RSA 557:34, as applicable. If any balance remains, the executor or voluntary administrator shall distribute it, after approval by the court, in accordance with the will or, if there is no will, in accordance with the provisions of RSA 561. The executor or voluntary administrator may not take a fee or commission for such services.

III. An executor or voluntary administrator appointed pursuant to the provisions of this section shall be liable as an executor in his or her own wrong, as provided in RSA 553:17, to all persons aggrieved; and if letters testamentary or of administration are later granted, then to the executor or administrator so appointed. If an executor or administrator of the deceased person is appointed under any other sections of RSA 553, the powers of the executor or voluntary administrator appointed pursuant to this section shall immediately cease. If during the administration of the estate, the executor or voluntary administrator appointed under this section uncovers [~~further assets~~] additional personal property of the estate of the deceased person not [~~originally inventoried under the list of assets of~~] listed on the original [~~affidavit~~] petition, and such additional assets, when added to those originally [~~inventoried~~] listed, do not exceed $10,000, the executor or voluntary administrator [~~may~~] shall file an amended [~~affidavit, similar in content to the original affidavit. The amended affidavit shall include all of the assets listed in the original affidavit, together with the additional assets~~] petition listing the total value of the personal estate reported on the original petition and itemizing each additional asset to be administered. Upon approval of the court, the register of probate shall issue an attested copy of the amended [~~affidavit~~] petition, which amended [~~affidavit~~] petition shall have the same force and effect as the original attested copy of the [~~affidavit~~] petition issued by the register of probate.

IV. An executor or voluntary administrator appointed under this section shall file a statement of administration, and the estate shall be closed, no earlier than [90] 60 days, nor later than [~~6 months~~] 90 days, from the date of the probate court's approval of the original [~~affidavit~~] petition unless, upon [~~petition~~] motion and good cause shown, the court grants an extension of further time for completion of administration. An executor or voluntary administrator shall file a statement of administration within 90 days after the required filing date, or be in default. The register of probate shall give notice of the default to the executor or voluntary administrator by first class mail within 10 days of the default. The register of probate shall issue a citation notice in accordance with RSA 548:5-a. The statement of administration shall set forth all assets and income received and all disbursements and expenditures made during the course of administration. The executor or voluntary administrator shall distribute any balance in hand to legatees or heirs after receiving approval by the court.

195:3 New Section; Waiver of Administration. Amend RSA 553 by inserting after section 31-a the following new section:

I. In this section, "fiduciary" shall mean any executor or administrator, including voluntary administrator, special administrator, administrator with will annexed (hereafter administrator w.w.a.), and administrator de bonis non.

II. Notwithstanding any provision of law, whenever a deceased dies testate and the surviving spouse or, if no spouse, an only child is named in the will as the sole beneficiary of the deceased's estate and is appointed to serve as fiduciary; or whenever a deceased dies intestate and the surviving spouse or, if no spouse, an only child is the sole heir of the deceased's estate and is appointed to serve as fiduciary, there shall be no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets. Administration of the estate shall be completed upon the fiduciary's filing, and the probate court's approval of an affidavit of administration. Such filing shall occur not less than 6 months nor more than one year after the date of appointment of the fiduciary. The affidavit of administration shall state that to the best of the knowledge and belief of the fiduciary there are no outstanding debts or obligations attributable to the deceased's estate and shall list all real estate owned by the decedent at the time of death, including the location, book and page. If the fiduciary fails to file the affidavit of administration within the time prescribed above, the fiduciary is in default. The register of probate shall give notice of the default to the fiduciary by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA 548:5-a.

III. Any interested person may petition for a full administration of the estate at any time from the original grant of administration to the filing of the affidavit of administration, and such petition may be granted by the probate court for good cause shown.

IV. Disclaimer, ademption of legacies, or declination to serve as executor may be effectively used to cause the estate to conform to the requirements of paragraph II.

V. A guardian may be appointed as fiduciary if the ward qualifies under the provisions of this section.

VI. If the fiduciary is unable to complete the administration of the estate, administration may be completed in accordance with this section by the successor fiduciary.

VII. If both this section and RSA 553:31 are applicable to an estate, the fiduciary may elect under which section to proceed.

II. If the administration on an estate under RSA [~~554:1-a~~] 553:32 becomes vacant by death, extinguishment, or revocation, the probate court may, in its discretion, require any administrator de bonis non to furnish an inventory of the estate, bond, or an accounting for assets before the completion of the administration.