Probate Court

Civil Cases

It has been one year since the enactment of RSA 547:3, Jurisdiction, being amended (7/27/2008) to allow the probate court to hear cases involving claims for damages, or for the recovery of money or property when it involves an estate, trust, conservatorship or guardianship (adult or minor) . The probate court has jurisdiction to decide civil cases (e.g. collections, torts, contract actions, suits on bond, small claims, landlord-tenant action) when an estate, trust, conservatorship or guardianship (adult or minor) is the plaintiff or the defendant. This jurisdiction is concurrent with district court or superior court. However, if either party requests a jury trial or if a statute or regulation provides for review by superior court, then probate court does not have jurisdiction.

In general, a new case will be opened when an action is filed in which one of the parties is not a party to the underlying case (estate, trust, guardianship or conservatorship).

These cases may come in the form of a small claim, a civil writ case (including a writ of replevin), or a landlord tenant case. Each case will have its own case number and the appropriate filing fee and forms associated with these case types.

Some of these cases, not small claim, civil writ or landlord tenant (e.g. petition for declaratory judgment), will be processed in accordance with the court procedures for equity cases. The filing fees for these cases will be the same as the filing fees for equity cases.

There may be petitions, motions, or bills filed that will not require notice to other parties and may not require a hearing (e.g. petition for settlement on behalf of minor). These may be processed as if filed as a petition or motion in the underlying case and no separate case will be opened and no additional fee will be charged.

See also Administrative Order 15 and Procedure Bulletin 28, which are currently in the process of being updated!

Here are links to the district court pages on landlord tenant and small claims, which will also provide more information that may relate to a case.

Further information may be obtained by contacting the Probate Court Administrative Office at 271-7525.