New Hampshire 2022 Regular Session

New Hampshire House Bill HB1140

Introduced
11/17/21  
Refer
11/17/21  

Caption

Relative to probate procedures for small estates.

Impact

If enacted, this bill would modify existing probate statutes under New Hampshire law, allowing for a more straightforward process in the settlement of small estates. It would enable the surviving relatives, such as spouses, children, or other close family members, to act as voluntary administrators without needing to go through traditional probate processes, thus expediting the distribution of assets to heirs. The rule aims to promote easier access to estate resolution for families dealing with the loss of a loved one, particularly in cases where the estate comprises solely personal property.

Summary

House Bill 1140 proposes new probate procedures specifically for small estates, aiming to streamline the administration process following the death of individuals with limited assets. The bill establishes a protocol whereby eligible relatives and interested parties can file a statement to undertake the informal administration of estates that do not exceed $25,000 in value, facilitating a more efficient transition of property without the necessity for formal court proceedings. By allowing surviving family members or interested parties to manage these small estates, HB1140 seeks to reduce the administrative burden and associated costs, making the process more accessible for families during a challenging time.

Sentiment

The overall sentiment surrounding HB1140 appears to be positive, particularly among supporters who recognize the need for reform in small estate management. Proponents argue that the bill alleviates the emotional and financial strain on families by simplifying the administrative aspects of grieving for a deceased relative. However, there may be some concerns regarding the potential for conflicts of interest or misuse by voluntary administrators, and the necessity for adequate safeguards in the proposed system that ensure fair and responsible handling of the deceased's assets.

Contention

Discussions surrounding the bill suggest that while there is broad support for simplifying probate processes, there are points of contention regarding the safeguards in place to protect the interests of all parties involved. Critics may raise questions about how to ensure voluntary administrators act in good faith and how to prevent disputes among heirs. Furthermore, there may be a need for ongoing monitoring and potentially additional legislative support to address any unforeseen issues that arise from the informal administration framework established by the bill.

Companion Bills

No companion bills found.

Previously Filed As

NH SB32

Provides for small succession procedures. (8/1/24)

NH HB3207

SUMMARY ADMIN-SMALL ESTATE

NH HB2867

Relating to Small Estates

NH HB2919

SMALL ESTATE AFFIDAVIT

NH H3472

Small Estates

NH HB164

Small Estates; summary distribution for small estates; amount increased; Probate court authorized to manage process

NH HB0337

AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 4, relative to small estates.

NH SB0489

AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 4, relative to small estates.

NH SB0083

SMALL ESTATE AFFIDAVIT

NH SB106

Small Estates; summary distribution for small estates; amount increased; Probate Court authorized to manage process

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