New Hampshire Revised Statutes 151-A:15 – Patient Accounts; Disposition Upon Death; Testate or Intestate
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I. If within 30 days after the date of a testate or intestate patient’s death in any nursing home no petition for probate has been filed under any section of N.H. Rev. Stat. Chapter 553 and the gross value of the personal property remaining at the nursing home belonging to the deceased, including any amount left in a patient account, is no more than $10,000, the nursing home administrator shall file in the probate court in the county where the nursing home is located an affidavit for the purpose of disposing of such deceased patient’s estate. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to N.H. Rev. Stat. § 547:33. The nursing home administrator shall not file a death certificate with the probate court, but shall attest to the death in the affidavit. If the nursing home patient died testate and if the nursing home administrator has the will or a copy of the will, the nursing home administrator shall file the same in the probate court in the county where the nursing home is located. The probate court shall waive all filing fees.
II. Notwithstanding the provisions of RSA 561, if all known debts of the deceased have been paid and a balance remains in the deceased’s estate after the filing required under paragraph I, the probate court may order the administrator to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
II. Notwithstanding the provisions of RSA 561, if all known debts of the deceased have been paid and a balance remains in the deceased’s estate after the filing required under paragraph I, the probate court may order the administrator to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
Terms Used In New Hampshire Revised Statutes 151-A:15
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Intestate: Dying without leaving a will.
- Nursing home: means any institution or facility, whether proprietary or non-proprietary, defined as a nursing home for licensing purposes pursuant to RSA 151, or the equivalent facility or facilities as defined by the secretary of the United States Department of Health, Education and Welfare. See New Hampshire Revised Statutes 151-A:1
- Nursing home administrator: means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not such individual's functions and duties are shared with one or more other individuals. See New Hampshire Revised Statutes 151-A:1
- Personal property: All property that is not real property.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probate: Proving a will
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Testate: To die leaving a will.