New Hampshire Probate Court
Encyclopedia
New Hampshire Probate Court in the U.S. state
of New Hampshire
, is the court which has jurisdiction over trust
s, wills
, and estate
s, adoption
s, termination of parental rights, name change
s, guardianship of incapacitated persons, guardianship of minors, partition of property and involuntary admissions
. Each of the ten counties has a probate court. Full-time judges assigned to Belknap
, Hillsborough
, Merrimack
, Rockingham
and Strafford
counties, with the remaining counties having part-time judges.
over:
with the Superior Court
over the following:
, Hillsborough
, Merrimack
, Rockingham
and Strafford
County. Part-time judges are assigned to Carroll
, Cheshire
, Coos
, Grafton
and Sullivan
County.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, is the court which has jurisdiction over trust
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
s, wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, and estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
s, adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
s, termination of parental rights, name change
Name change
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...
s, guardianship of incapacitated persons, guardianship of minors, partition of property and involuntary admissions
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
. Each of the ten counties has a probate court. Full-time judges assigned to Belknap
Belknap County, New Hampshire
-Demographics:As of the census of 2000, there were 56,325 people, 22,459 households, and 15,496 families residing in the county. The population density was 140 people per square mile . There were 32,121 housing units at an average density of 80 per square mile...
, Hillsborough
Hillsborough County, New Hampshire
-Demographics:As of the census of 2000, there were 380,841 people, 144,455 households, and 98,807 families residing in the county. The population density was 435 people per square mile . There were 149,961 housing units at an average density of 171 per square mile...
, Merrimack
Merrimack County, New Hampshire
-Demographics:As of the census of 2000, there were 136,225 people, 51,843 households, and 35,460 families residing in the county. The population density was 146 people per square mile . There were 56,244 housing units at an average density of 60 per square mile...
, Rockingham
Rockingham County, New Hampshire
-Demographics:As of the census of 2000, there were 277,359 people, 104,529 households, and 74,320 families residing in the county. The population density was 399 people per square mile . There were 113,023 housing units at an average density of 163 per square mile...
and Strafford
Strafford County, New Hampshire
-Demographics:As of the census of 2000, there were 112,233 people, 42,581 households, and 27,762 families residing in the county. The population density was 304 people per square mile . There were 45,539 housing units at an average density of 124 per square mile...
counties, with the remaining counties having part-time judges.
Exclusive jurisdiction
The Probate Court has exclusive jurisdictionExclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
over:
- The probate of wills.
- The granting of administration regarding the composition, administration, sale, settlement, and final distribution of estates of deceased persons and those presumed dead.
- The assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals from said estates.
- The interpretation and construction of wills and the interpretation, construction, modification, and termination of trusts as that term is defined in [RSA 564-A:1, I].
- The appointment, removal, surcharge and administration of trustees of trusts.
- The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.
- The adoption of children.
- The change of names of persons who reside in the county and who apply therefor.
- The termination of parental rights.
- Durable powers of attorneyPower of attorneyA power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
for health care under RSA 137-J.
- The interpretation and effect of living willLiving willAn advance health care directive, also known as living will, personal directive, advance directive, or advance decision, are instructions given by individuals specifying what actions should be taken for their health in the event that they are no longer able to make decisions due to illness or...
s under RSA 137-H.
- Petitions for partition pursuant to RSA 547-C.
- Petitions to quiet titleQuiet titleAn action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title....
of real estate pursuant to RSA 547:11-c.
- Declaratory judgment actions pursuant to RSA 547:11-b.
Concurrent jurisdiction
The probate court has concurrent jurisdictionConcurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
with the Superior Court
New Hampshire Superior Court
The New Hampshire Superior Court is the statewide court of general jurisdiction which provides jury trials in civil and criminal cases. There are 11 locations of the Superior Court, one for each county and two in Hillsborough County.-Jurisdiction:...
over the following:
- Cases involving charitable uses and trusts, other than express trusts, as that term is defined in RSA 564-A:1, I.
- Waivers for marriage of minors pursuant to RSA 457:6-457:7.
Organization
New Hampshire has eleven Probate Courts, with one in each county. Full-time judges assigned to BelknapBelknap County, New Hampshire
-Demographics:As of the census of 2000, there were 56,325 people, 22,459 households, and 15,496 families residing in the county. The population density was 140 people per square mile . There were 32,121 housing units at an average density of 80 per square mile...
, Hillsborough
Hillsborough County, New Hampshire
-Demographics:As of the census of 2000, there were 380,841 people, 144,455 households, and 98,807 families residing in the county. The population density was 435 people per square mile . There were 149,961 housing units at an average density of 171 per square mile...
, Merrimack
Merrimack County, New Hampshire
-Demographics:As of the census of 2000, there were 136,225 people, 51,843 households, and 35,460 families residing in the county. The population density was 146 people per square mile . There were 56,244 housing units at an average density of 60 per square mile...
, Rockingham
Rockingham County, New Hampshire
-Demographics:As of the census of 2000, there were 277,359 people, 104,529 households, and 74,320 families residing in the county. The population density was 399 people per square mile . There were 113,023 housing units at an average density of 163 per square mile...
and Strafford
Strafford County, New Hampshire
-Demographics:As of the census of 2000, there were 112,233 people, 42,581 households, and 27,762 families residing in the county. The population density was 304 people per square mile . There were 45,539 housing units at an average density of 124 per square mile...
County. Part-time judges are assigned to Carroll
Carroll County, New Hampshire
-Demographics:As of the census of 2000, there were 43,666 people, 18,351 households, and 12,313 families residing in the county. The population density was 18/km² . There were 34,750 housing units at an average density of 14/km²...
, Cheshire
Cheshire County, New Hampshire
-Demographics:As of the census of 2000, there were 73,825 people, 28,299 households, and 18,790 families residing in the county. The population density was 104 people per square mile . There were 31,876 housing units at an average density of 45 per square mile...
, Coos
Coos County, New Hampshire
-National protected areas:*Umbagog National Wildlife Refuge *Silvio O. Conte National Fish and Wildlife Refuge *White Mountain National Forest -Demographics:...
, Grafton
Grafton County, New Hampshire
Grafton County is a county located in the U.S. state of New Hampshire. As of the 2010 census, the population was 89,118. Its county seat is North Haverhill, which is a village within the town of Haverhill. Until 1972, the county courthouse and other offices were located in downtown Woodsville, a...
and Sullivan
Sullivan County, New Hampshire
-Demographics:As of the census of 2000, there were 40,458 people, 16,530 households, and 11,174 families residing in the county. The population density was 29/; . There were 20,158 housing units at an average density of 38 per square mile...
County.