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Bar News - May 13, 2011

Probate Court Forms Update

This is a list of recent changes, which includes form changes and/or updates. In addition the checklists updates under the Service Center page are noted in this release. Please contact Patty Cole at 271-7525 ext. 333 if you have any questions about probate court forms.

Appointment of Resident Agent (2120-P) 3/30/2011 - added info relative to attorney and Bar ID # and renumbered remaining questions.

Legatees and Devisees – Estate with Will (2150-P) -03/07/2011 – The instruction box at top of form was clarified as to who should or shouldn’t be listed on the form. Wording was added to question 1 to clarify that name of trust and trustee should be indicated, if the legatee or devisee is a trust.

Motion for Distribution of Insolvent Estate (2668-P) 5/2/2011 – in #3 we added a line for additional value since date of death to include adjustments such as interest on accounts, refund checks, gains on a sale etc.

Motion for Summary Administration (2149-P) 03/07/2011 – added space for attorney name and address and added a new question (#10) relative to real estate.

Notice to..Return of Notice (2127-P) 3/7/2011 – wording was added to the form to clarify the notice that may be given to a trust and copy should go to the trustees.

Objection (2152-PS) 02/04/2011 – The superior court has adopted this form. No changes to form or instructions.

Petition and Affidavit for Expedited Hearing (2169-P) 3/14/11 - added box relative to medical emergency to clarify when this section needs to be completed. Added lines for physician name and information and updated instructions.

Structuring Order (2177-P) 01/02/2011 - Question 6 relative to mediation was added since the rule was updated and courts can now order mediation.

Landlord Tenant Writ (2333-DP) 3/7/2011 – A new form for probate, this form initiates the legal proceeding of eviction. The writ may be purchased in bulk as a blank writ from the court by attorneys. Pro se parties may purchase for a cost and it must be completed by the court staff prior to purchase. This form is accessible to court employees only on JIBB.

Landlord-Tenant Petition RSA 540-A:4 (2371-DP) 02/22/2011 – This is a new form for probate courts. The petition may be filed by either a tenant or landlord seeking relief from a violation of RSA 540-A: 2 or RSA 540-A:3 by the other party (i.e. turning off the utilities or entering the premises without permission).

Notice of Intent to Appeal – Landlord Tenant (2085-DP) 02/22/2011 – This is a new form for probate. This notice, filed by either party in a Landlord-Tenant Action, informs the court and opposing party of the filing party’s intention to appeal an adverse ruling to the Supreme Court.

DRA forms for legacy and succession – For forms that may need to be filed in an estate that is reopened or filed with a date of death prior to January 1, 2003, a link to the Department of Revenue Administration website and their forms has been added to the numeric and alpha lists on website. Civil Order (2704-P) 2/4/2011 - This new form is used to issue a judgment in civil cases involving a writ of summons or a small claim complaint. It is completed if the defendant failed to answer the writ or complaint, if either party fails to appear for a hearing on the merits, or when a decision is made following a hearing on the merits. This form is accessible to court staff only via the FORMS button in Odyssey.

Checklist 017, Petition to File & Record Authenticated Copy of Will and Probate – the reference to the "date of death occurring more than two years prior to date of filing" has been removed as it is not applicable. In addition the Legatees and Devisees form (2150-P) is not required to be filed.

Checklist 018, Opening an Estate of Foreign Will for Ancillary Administration – reference to date of death occurring within past 2 years has been removed. It does not apply. In addition the Legatees and Devisees form (2150-P) is not required to be filed.

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