New Hampshire Revised Statutes 554:26-a – Notice to Fiduciaries
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I. A fiduciary appointed by the probate court shall file, as required by law, an inventory within 90 days after the date of appointment, or an account of administration within one year after the date of appointment. If a fiduciary fails to file an inventory within 30 days after the required filing date, or an account of administration within 90 days after the required filing date, the fiduciary is in default. The clerk of the applicable circuit court established in N.H. Rev. Stat. Chapter 490-F shall give notice of the default to the fiduciary by first class mail within 10 days after the default. In the case of any inventory, account, annual report, statement of voluntary administration, or waiver of administration affidavit, the fiduciary shall either file the inventory, account, annual report, statement of voluntary administration, or waiver of administration affidavit, or show good cause for the failure to file, within 30 days after notice of the default from the clerk. If the fiduciary fails to file or to show good cause, the judge of probate shall issue a citation to the fiduciary to appear before the judge pursuant to N.H. Rev. Stat. § 550:2. The fiduciary shall pay default and citation fees as established by the supreme court under N.H. Rev. Stat. § 490:26-a to the clerk, pursuant to N.H. Rev. Stat. § 490:27. The requirements of this section shall apply to fiduciaries previously appointed as the judges of probate may prescribe by rules adopted pursuant to N.H. Rev. Stat. § 547:33.
II. The clerk shall contemporaneously with the issuance of any citation pursuant to paragraph I and N.H. Rev. Stat. § 550:2 send a copy of such citation by first class mail to the following:
(a) Any surety for the fiduciary;
(b) Any person who has filed an appearance; and
(c) Any residuary beneficiary, and the director of charitable trusts in cases involving charitable dispositions and trusts.
II. The clerk shall contemporaneously with the issuance of any citation pursuant to paragraph I and N.H. Rev. Stat. § 550:2 send a copy of such citation by first class mail to the following:
Terms Used In New Hampshire Revised Statutes 554:26-a
- 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probate: Proving a will
(a) Any surety for the fiduciary;
(b) Any person who has filed an appearance; and
(c) Any residuary beneficiary, and the director of charitable trusts in cases involving charitable dispositions and trusts.