Instructions for completing Resignation of Fiduciary
(NHJB-2140-P) Form use. This form is used when the executor, administrator, guardian, conservator or trustee appointed by the court can no longer manage the estate. The court must be notified if the executor, administrator, guardian, conservator or trustee wants to make this change. Top part of form ĚCOURT NAME: Enter the name of the county probate court where the document will be filed. (example: Belknap County Probate Court; Rockingham County Probate Court). ĚCASE NAME: Enter the name of the deceased (example: Estate of John Adams; Estate of Susan Jones). ĚCASE NUMBER: Leave blank if not yet assigned by court OR fill in case number if it is known. Main part of form 1. Fiduciary is the person responsible for managing the estate of the deceased or ward. Enter that person's name, telephone number and complete mailing address with zip code. 2. If you have an attorney helping you with this case, enter his or her name, telephone number, complete mailing address including zip code and NH Bar Identification number. 3. Check off the box which best describes your fiduciary role in this case. a. Executor is a person or entity named in the deceased's will to manage and settle the deceased's estate. b. Administrator is a person or entity who will manage and settle the deceased's estate, but has not been named by the deceased since there is no will. c. Ancillary executor or administrator is a person or entity appointed in another state or country to manage and settle the deceased's estate in that state or country, but then needs to request that they be able to manage and settle the deceased's assets (usually real estate) located in New Hampshire. d. Special administrator is a person appointed by the court to assist the court in evaluating such things as factual issues involving the validity of a will, matters being contested by parties to the estate, questions of law, or any other cause if the interests of the estate require it. e. Administrator with will annexed is a person or entity who will manage and settle the deceased's estate, but was not named in the deceased's will to perform those duties. They are appointed to manage and settle the deceased's estate because the person named in the will, but who had not been appointed, is either unable or unwilling to serve as executor. f. Administrator de bonis non is a person or entity appointed by the court to manage and settle the deceased's estate because the previous executor or administrator, who was appointed, is unable or unwilling to continue. g. Guardian is a person appointed by the court to manage the estate of an incapacitated person, known as a ward, or have care and custody of that person. h. Conservator is a person who is appointed by the court to manage the estate of a person who requests the appointment of the conservator. i. Trustee is a person to whom another person's property, or the management of another person's property, is entrusted for the benefit of others.
NHJB-2140-P Instructions (06/04/2008) Page 1of 2
4. Write the reasons you can no longer serve as a fiduciary on the case. Signature section The sentence prior to the signature section indicates that the person filing this document has provided copies to all attorneys, parties and persons beneficially interested in the case. Sign the form on the FIDUCIARY SIGNATURE line, and date it in the appropriate space to the left. Order This section will be completed by the judge once the document is filed with the court and reviewed in detail by the judge.
Review the completed form for accuracy prior to filing it with the court. If completing this form on-line, some fields may be filled in automatically based on entries in other fields. If more space is needed for any question, please attach additional sheets of paper.
NHJB-2140-P Instructions (06/04/2008)
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