2009 New Hampshire Statutes
TITLE LVI — PROBATE COURTS AND DECEDENTS' ESTATES (Includes Chapters 547 - 567-A)
CHAPTER 553 — ADMINISTRATORS AND THEIR APPOINTMENT
Section 553:32 Waiver of Administration.


    I. 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 administrator; 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 administrator, 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 administrator'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 administrator. The affidavit of administration shall state that to the best of the knowledge and belief of the administrator 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 administrator fails to file the affidavit of administration within the time prescribed above, the administrator is in default. The register of probate shall give notice of the default to the administrator 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.
    II. 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.
    III. 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 I.
    IV. A guardian may be appointed as administrator if the ward qualifies under the provisions of this section.
    V. If the administrator is unable to complete the administration of the estate, administration may be completed in accordance with this section by the successor administrator.

Source. 2001, 195:3. 2005, 252:3, eff. Jan. 1, 2006.

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