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2018 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 553 - Administrators and Their Appointment
Section 553:32 - Waiver of Administration.
Universal Citation: NH Rev Stat § 553:32 (2018)
553:32 Waiver of Administration. –
I. (a) Notwithstanding any provision of law, there shall be no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets in the following circumstances:
(1) Whenever a decedent dies testate and the surviving spouse is named in the will as the sole beneficiary of the decedent's estate and is appointed to serve as administrator.
(2) Whenever a decedent dies testate and, if there is no surviving spouse, an only child is named in the will as the sole beneficiary of the decedent's estate and is appointed to serve as administrator.
(3) Whenever a decedent dies testate and, if there is no surviving spouse or child, a parent is the sole beneficiary of the decedent's estate and is appointed to serve as administrator.
(4) Whenever a decedent dies testate and, if there is no surviving spouse or child, the decedent's parents are the sole beneficiaries of the decedent's estate and both parents are appointed to serve as co-administrators.
(5) Whenever a decedent dies testate and a trust created by the decedent is named as the sole beneficiary of the estate and the trustee is appointed to serve as administrator or any appropriate person is appointed to serve as administrator with the assent of the trustee.
(6) Whenever a decedent dies intestate and the surviving spouse is the sole heir and is appointed to serve as administrator.
(7) Whenever a decedent dies intestate and, if there is no surviving spouse, an only child is the sole heir of the decedent's estate and is appointed to serve as administrator.
(8) Whenever a decedent dies intestate and, if there is no surviving spouse or child, a parent is the only heir and is appointed to serve as administrator.
(9) Whenever a decedent dies intestate and, if there is no surviving spouse or child, the decedent's parents are the sole heirs and both parents are appointed to serve as co-administrators.
(b) 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 or 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 decedent's estate and shall list all real estate owned by the decedent at the time of death, including the location, book, and page.
(c) If the administrator fails to file the affidavit of administration within the time prescribed in subparagraph (b), the administrator is in default. The clerk shall give notice of the default to the administrator by first class mail within 10 days after the default. The clerk shall issue a citation notice in accordance with RSA 554:26-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.
VI. The provisions of this section do not relieve the administrator from the responsibility for payment of the expenses of administration and decedent's debts from the assets of the estate pursuant to RSA 554 and RSA 556.
I. (a) Notwithstanding any provision of law, there shall be no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets in the following circumstances:
(1) Whenever a decedent dies testate and the surviving spouse is named in the will as the sole beneficiary of the decedent's estate and is appointed to serve as administrator.
(2) Whenever a decedent dies testate and, if there is no surviving spouse, an only child is named in the will as the sole beneficiary of the decedent's estate and is appointed to serve as administrator.
(3) Whenever a decedent dies testate and, if there is no surviving spouse or child, a parent is the sole beneficiary of the decedent's estate and is appointed to serve as administrator.
(4) Whenever a decedent dies testate and, if there is no surviving spouse or child, the decedent's parents are the sole beneficiaries of the decedent's estate and both parents are appointed to serve as co-administrators.
(5) Whenever a decedent dies testate and a trust created by the decedent is named as the sole beneficiary of the estate and the trustee is appointed to serve as administrator or any appropriate person is appointed to serve as administrator with the assent of the trustee.
(6) Whenever a decedent dies intestate and the surviving spouse is the sole heir and is appointed to serve as administrator.
(7) Whenever a decedent dies intestate and, if there is no surviving spouse, an only child is the sole heir of the decedent's estate and is appointed to serve as administrator.
(8) Whenever a decedent dies intestate and, if there is no surviving spouse or child, a parent is the only heir and is appointed to serve as administrator.
(9) Whenever a decedent dies intestate and, if there is no surviving spouse or child, the decedent's parents are the sole heirs and both parents are appointed to serve as co-administrators.
(b) 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 or 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 decedent's estate and shall list all real estate owned by the decedent at the time of death, including the location, book, and page.
(c) If the administrator fails to file the affidavit of administration within the time prescribed in subparagraph (b), the administrator is in default. The clerk shall give notice of the default to the administrator by first class mail within 10 days after the default. The clerk shall issue a citation notice in accordance with RSA 554:26-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.
VI. The provisions of this section do not relieve the administrator from the responsibility for payment of the expenses of administration and decedent's debts from the assets of the estate pursuant to RSA 554 and RSA 556.
Source. 2001, 195:3. 2005, 252:3, eff. Jan. 1, 2006. 2011, 88:26, eff. July 1, 2011. 2013, 67:2, 3, eff. Jan. 1, 2014.
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