Detailed Answer
Under New Hampshire law, you have the right to appeal a probate court’s final order removing a personal representative. Removal of a personal representative occurs when the court finds grounds such as misconduct, incapacity, failure to account, or other cause under RSA 554:9. Once the court enters its decree of removal, that order is final and appealable.
Any person aggrieved by a final probate order may appeal as a matter of right to the New Hampshire Supreme Court under RSA 547:1. To preserve your right to appeal, you must file a Notice of Appeal within 30 days after the entry of the removal decree, per RSA 547:3. You file the Notice with the probate court clerk, pay the required fee, and serve a copy on all interested parties.
After filing, gather the complete record on appeal. This includes transcripts of the hearing, pleadings, exhibits, and the court’s written findings. Follow the New Hampshire Supreme Court Rules for appeals, which set deadlines for opening briefs, appellee briefs, and reply briefs. The Supreme Court reviews legal questions de novo, factual findings for clear error, and discretionary rulings for abuse of discretion.
If you miss the 30-day deadline, you typically lose your right to appeal. You may seek relief under Supreme Court Rule 21 or ask the probate court to reconsider, but relief is rarely granted without compelling excuse. Appeals can be complex. Even though you represent yourself, you must comply with strict procedural rules and formatting requirements.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Note the date the removal decree was entered to calculate your 30-day deadline.
- Order a complete transcript of the removal hearing promptly.
- Review RSA 554:9 for grounds of removal.
- Study RSA 547:1 and RSA 547:3 for appeal rights and timelines.
- Prepare your brief with clear citations to the record and relevant law.
- Proof of service on all parties is mandatory when you file the Notice of Appeal.
- Consider alternative dispute resolution before investing in a full appeal.
- Keep organized copies of every filing and proof of service.