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Bar News - September 7, 2001


New Legislation Simplifies Closing of a Probate Estate

THE PROBATE COURT has announced that the General Court has passed legislation that will simplify the closing of a probate estate. Chapter 98 of the 2001 regular session establishes a procedure for summary administration; it was signed by Gov. Jeanne Shaheen on June 21, 2001, with an effective date of July 21, 2001.

Chapter 98 creates a new section RSA 553:33 titled Summary Administration. The new law allows an estate to be closed after six months without the need for the filing of a final account or receipts for the balance if all interested parties assent.

Hon. John R. Maher, administrative justice of the probate court, is pleased with the new legislation. "The simplified procedure will assist parties by allowing estates to close with a minimum of formality when the parties believe that further court supervision is no longer necessary," said Maher.

The probate court has released two new forms in connection with summary administration, a Motion for Summary Administration (AOC-234-003) and an Assent for Summary Administration (AOC-011A-003). These forms are available at the probate courts and on the NH Judicial Branch home page at www.state.nh.us/courts/home.htm.

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