Detailed Answer
When a financial institution refuses to turn over a decedent’s estate documents, New Hampshire law gives a personal representative several tools to enforce compliance.
1. Verify Your Appointment
Ensure you hold valid Letters Testamentary or Letters of Administration issued by the NH Probate Court under RSA 555:5. These letters grant you authority to request and collect estate records.
2. Send a Formal Written Demand
Submit a certified letter to the uncooperative institution. Attach a certified copy of your letters and cite RSA 551:24, which authorizes issuance of certified copies of estate documents.
3. Petition the NH Probate Court
If the institution ignores your demand, file a motion in the decedent’s probate case. Ask the court to order production of the documents. Probate courts in New Hampshire have broad discovery powers under RSA 556:43 (subpoenas) and can enforce orders under RSA 556:49 (contempt).
4. Issue a Subpoena Duces Tecum
Request the court to issue a subpoena duces tecum compelling the institution to produce records at a specified time and place. The court may also permit depositions or affidavits under RSA 556:43.
5. Seek Contempt Sanctions
If the institution still refuses, file a motion for contempt under RSA 556:49. The court can impose fines or other sanctions until the institution complies.
6. File a Regulatory Complaint
File a complaint with the New Hampshire Banking Department if the institution’s refusal violates state banking regulations or fiduciary duties. Regulatory action may prompt faster production.
7. Explore Alternative Records
While pursuing formal remedies, gather alternative evidence such as IRS Form 1099, credit-report statements, or digital account summaries. These can provide interim visibility into the estate’s assets.
Disclaimer: This article provides general information on New Hampshire law. It does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Confirm your Letters of Administration or Testamentary are current and unexpired.
- Use certified mail with return receipt to document all formal requests.
- Keep a detailed log of communications, deadlines, and responses.
- Consult the probate clerk for local filing procedures and fees.
- Consider mediation before filing a formal motion to reduce delays.