Free Instructions - New Hampshire


File Size: 25.9 kB
Pages: 3
Date: March 13, 2008
File Format: PDF
State: New Hampshire
Category: Probate
Author: MHP
Word Count: 1,013 Words, 5,932 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.nh.us/forms/nhjb-2497-p-instructions.pdf

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Instructions for completing Petition for Administration of Estate Of Person Presumed Dead
(NHJB-2497-P) Form use. This petition is to ask the court for permission to publish a notice seeking information about a person presumed dead. The petition also seeks permission to administer the estate of the person until the person is declared dead. Page 3 of the form would be completed in part by the petitioner, then completed by the court staff and returned to the petitioner to be taken to the newspaper to publish a notice regarding this case. Top part of form ·COURT NAME: Enter the name of the county probate court where the document will be filed. (Example: Belknap County Probate Court; Rockingham County Probate Court). ·CASE NAME: Enter the name of the deceased. (Example: Estate of John Adams; Estate of Susan Jones) ·CASE NUMBER: Leave blank if not yet assigned by court OR fill in case number if it is known. Main part of form 1. Petitioner Name is the name of the person filing the petition. Enter that person's name, telephone number and complete mailing address with zip code. If there are co-petitioners, the second person's name, telephone number and address information should be included under #2. If you have an attorney helping you with this case, enter his or her name, telephone number and complete mailing address including zip code. Person presumed dead is the name of the person who you presume has died. Also fill in the street address, city or town and state of their last legal residence. On the next line, check off the appropriate box to indicate whether or not the person presumed dead lived in the county where the filing is being made, for at least one year. Check the appropriate box to indicate why you think this person is dead. List the legatees and heirs-at-law of the person presumed to be dead. A legatee is a person, charitable organization or living trust that was named in the will to inherit personal or real property. Heirs-at-law are those persons who are entitled to the personal estate if there is no will and in accordance with the laws of estate distribution. This question is to provide the court with a rough estimate of the value of the estate to be administered through the probate court. Enter an estimated value for the real estate and an estimated value of the personal estate. The total amount of the estate is the two amounts added together. This paragraph is where the petitioner asks the court to grant administration to the person who is to serve as executor or administrator. In the first sentence, after "granted to", enter the name of the person who will be either the executor or administrator. After "of" in that same sentence, enter the complete mailing address for that person.

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NHJB-2497-P Instructions (02/26/2008)

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In that same section, the petitioner must name an appraiser for the estate. In the "appraiser name and address" sections, list the name, address and occupation of the person who will serve as the appraiser for the estate. The appraiser named must reside in New Hampshire, have no interest in the estate, and no relationship to the deceased. The person does NOT have to be a professional appraiser. This person will sign the Inventory which will list all the assets of the estate. Signature section on page 2 of form In the paragraph prior to the signature, the petitioner is asking the court for permission to publish in a newspaper the information contained in page 3 of the form. It also says that if no information is received following the publication, that the executor or administrator be allowed to administer the estate. On the blank line, enter the name of the person presumed to be dead. Sign the form on the Petitioner Signature line, and date it in the appropriate space to the left. If there are two petitioners, both petitioners must sign and date the form. Order for Publication This section will be completed by the judge once the document is filed with the court and reviewed in detail by the judge. It gives the petitioner instructions on how to proceed with the publication. Order for Administration This section will be completed by the judge once the publication has occurred and it has been reviewed in detail by the judge. Page 3. Notice on Petition for Administration of Estate of Person Presumed Dead. Page 3 of the form should be completed in part by the petitioner, then completed by the court staff and returned to the petitioner to be taken to the newspaper to publish a notice regarding this case. First paragraph. This section should be completed by the petitioner. On the appropriate lines, enter: · the name of the person presumed dead; · the location of his or her home; · the date the petitioner believes the person left his or her home. Second paragraph. This section should be completed by the petitioner. On the appropriate lines, enter: · the name of the person presumed dead; · the age of the person presumed dead; · the color of the person's eyes; · the color of the person's hair; · the person's height; · the person's weight; · the person's occupation.

NHJB-2497-P Instructions (02/26/2008)

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Third and Fourth paragraphs These sections regarding the date and time of the court hearing and court contact information will be completed by the court staff. The Register of Probate will then sign and date the form. Return of Publication After the notice has been published in the newspaper, the newspaper will complete this section, date and sign it, and return it to the petitioner. The petitioner should then return it to the court.

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-2497-P Instructions (02/26/2008)

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