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Circuit Court Probate Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- PROBATE DIVISION 

 

Rule 1. DEFINITIONS.


    The following defined terms were developed to ensure clarity and consistency and are capitalized when used in a rule.

    Administrator: The word Administrator includes every Person to whom an administration of an estate has been granted, including administrators and executors.

    Answer: A written response to a Petition. However, an Answer is not the only acceptable written response to a Petition, other examples would be a Motion to dismiss or an objection.

    Appearance (General): A written document filed by, or on behalf of a Party, pursuant to Rule 14, submitting to the jurisdiction of the Court.

    Appearance (Special): An Appearance filed with the Court for the sole purpose of determining jurisdiction.

    Attorney: Any person (a) admitted to practice law in New Hampshire, (b) allowed to appear in New Hampshire courts under pro hac vice (Rule 19) status, or (c) authorized by another under a power of attorney, usually referred to as an attorney-in-fact.

    Beneficially Interested: As defined in RSA 550:12.

    Cause: Any matter filed with the Court which requires the filing of an Appearance.

    Court: Probate Court

    Fiduciary: The word fiduciary includes every Person appointed to act as an administrator, executor, guardian, conservator, or trustee.

    Motion: A written Pleading or oral request to the Court requesting the Court to take particular action.

    Party: Any Person whose name is designated on the record to a proceeding as a Petitioner, Respondent, guardian ad litem or any other person or legal entity who has filed an Appearance, also referred to as a Party appearing of record.

    Person: A natural person or any legal entity.

    Petition: A written Pleading that initiates a proceeding.

    Petitioner: A Party who initiates a proceeding.

    Pleading: A Petition, Motion, objection, Answer, account or inventory filed with the Court requesting action by the Court.

    Power of Attorney: An instrument signed by a Party, witnessed and acknowledged before a Justice of the Peace or Notary Public, authorizing an individual to act on behalf of the Party to do a particular act, appear in a particular matter, or for the general transaction of business.

    Proof of Assets: Documentation that demonstrates that a ward has sole ownership of the assets. An example of documentation for savings, checking, certificates of deposit, and/or any other accounts, may be a photocopy of the current statement that shows the balance and the complete account title and ownership information.

    Pro Se Party: A Party who does not retain an Attorney but appears personally.

    Register: Register of Probate

    Respondent: A Party who responds to a Petition.

    Return Day: The date upon which Petitions are returnable to the Court. It is usually the first Tuesday of any month unless otherwise ordered by the Court. The Return Day is selected to create the time limits people are given in which to respond.

    Tangible Personal Property: Property of material substance such as, goods, wares and merchandise.

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Circuit Court Probate Division Rules Table of Contents