Browse Previous PageTable of ContentsBrowse Next Page


Circuit Court Probate Division Rules Table of Contents

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

Rule 115. CHANGE OF VENUE, INCONVENIENT FORUM.


    Venue of any Probate administration or other proceeding may be changed from the Probate Court of one county, hereafter called "transferring Court," to the Probate Court of any other county, hereafter called "receiving Court." Upon Petition or Motion to both Courts and sufficient proof of inconvenience, change of residence of a principal Party to the proceeding, or other good cause shown, in the discretion of the transferring Court, venue may be changed subject to acceptance by the receiving Court.

    Once the transferring Court has granted and the receiving Court has accepted the change of venue, the transferring Court shall forward the original file of the Probate records to the receiving Court and retain a copy, unless, as a part of the order of transfer or acceptance, only a specified part of the original file is transferred or ordered reproduced and authenticated. Upon the change of venue, the transferring Court shall give notice to all interested Parties of the change of venue and notice that all future Pleadings shall be filed with the receiving Court.

    Whenever transfer is made of the administration of a decedent's estate, a guardianship, a conservatorship, or other proceeding where a bond is pending in the transferring Court, the bond shall remain in effect unless or until specifically discharged by the receiving Court. In those cases where a new bond is required by the receiving Court, the transferring Court may discharge the original bond.

    To effect a change of venue, the following must occur:

        1. A Motion shall be filed in the transferring Court.

        2. The Motion must be granted by the transferring Court.

        3. A Petition to accept the transfer must be filed in the receiving Court.

        4. A Petition to accept the transfer must be granted by the receiving Court.

        5. The Petitioner shall notify the bonding company of the proposed transfer.

        6. The Petitioner shall file with both Courts the written assent from the bonding company to the transfer, or file a new bond with the receiving Court.

    Jurisdiction of a Probate matter may be transferred out of state by following the procedure outlined above, except that the transferring Court shall forward certified copies of the file to the receiving Court and shall retain the original file.

Browse Previous PageTable of ContentsBrowse Next Page


Circuit Court Probate Division Rules Table of Contents