New Hampshire Probate Court in the

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New Hampshire New Hampshire is a state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the nor ...

, is the court which has jurisdiction over

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wills Wills may refer to: * Will (law) A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person (executor) is to manage the pr ...

, and estates, adoptions, termination of parental rights, name changes, 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.

Jurisdiction

Exclusive jurisdiction

The Probate Court has

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...

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 SA 564-A:1, I * The appointment, removal, surcharge and administration of trustees of

. * 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 attorney for health care unde
RSA 137-J
* The interpretation and effect of

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s unde
RSA 137-H
* Petitions for partition pursuant t

* Petitions to

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of real estate pursuant t
RSA 547:11-c
* Declaratory judgment actions pursuant t

Concurrent jurisdiction

The probate court has concurrent jurisdiction with the Superior Court over the following: * Cases involving charitable uses and trusts, other than express trusts, as that term is defined in RSA 564-A:1, I. * Durable powers of attorney unde
RSA 506:6
an

* Waivers for marriage of minors pursuant t

Organization

New Hampshire has eleven Probate Courts, with one in each county. Full-time judges assigned to Belknap, Hillsborough, Merrimack, Rockingham and Strafford County. Part-time judges are assigned to Carroll, Cheshire, Coos, Grafton and Sullivan County.

References

External links

Official website
{{New Hampshire state courts

Probate Court A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts o ...