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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 96-A. PROOF OF VALIDITY OF WILL/TRUST.

(a)  Proof of Will

(1)  At the time that the Petition to Prove Will is filed the petitioner shall also file the original will sought to be validated. The petitioner shall certify that the will filed with the petition is the petitioner's current will and that no subsequent wills or codicils are in existence.

(2)  The petitioner shall certify that a copy of the petition and a copy of the attached will have been sent to all interested parties as defined in RSA 552:18, III. The court may order that notice be given to other persons.

(3)  Upon filing of the petition, the court shall schedule a hearing within 30 days and shall cause notice of the hearing to be sent via first class U.S. mail to all interested parties listed on the petition as well as any other parties deemed by the court to be interested parties per RSA 552:18, V.

(4)  At the conclusion of the hearing, the court shall issue an order declaring the will to be valid or invalid and may include any findings of fact or conclusions of law that it deems appropriate or necessary.

(5)  Thirty days following the issuance of the court's order or of the clerk's written notice of decision, whichever is later, if the court has not received notice that an appeal has been filed with the New Hampshire Supreme Court, notice shall be provided to the petitioner or to the petitioner's attorney that the original will must be retrieved from the Probate Division within 10 days. The court shall cause a certified copy of the will to be placed in the court's file prior to delivery to the petitioner or to the petitioner's attorney, and said copy shall become part of the court's official record of the proceeding. If the original will is not retrieved, the court shall maintain the original will in the court's file pending notification of the decease of the petitioner.

(6) If, subsequent to the proceeding but prior to the delivery of the original will to the petitioner, the court receives reliable information that the petitioner is deceased, the court shall cause the original will to be filed in the Probate Division located in the county of residence of the petitioner pursuant to RSA 552:2. If the Probate Division holding the original will is the Probate Division located in the county of residence of the petitioner, the court shall cause a new file to be created as if the original will had been filed pursuant to RSA 552:2.

(b)  Proof of Trust by Settlor

(1)  At the time that a Petition is filed, the Petitioner shall certify that a copy of the Petition and a copy of the trust have been sent to all interested parties as defined in RSA 564-B;4-406 (d)(3) and (4). The court may order that notice be given to other persons.

(2)  The court shall schedule a hearing on the Petition and shall cause notice to be sent to all interested persons via first class U.S. mail.

(3)  At the conclusion of the hearing, the court shall issue an order declaring the trust to be valid or invalid and may include any findings of fact or conclusions of law that it deems appropriate or necessary.


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Circuit Court Probate Division Rules Table of Contents