Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In New Hampshire probate cases, properly serving court orders on all interested parties is essential to move the case forward. Interested parties generally include executors, beneficiaries, heirs, devisees, and creditors (NH Rules of Probate Procedure, Rule 4).
Follow these steps under New Hampshire law:
- Identify Interested Parties: Review the will or petition to list all individuals and entities with a legal interest. NH RSA 551:2 defines who qualifies as an interested party.
- Choose the Correct Service Method: NH Rule of Probate Procedure 4 permits service personally or by certified mail, return receipt requested. Certified mail is often preferred for a clear record of delivery.
- Mailing Procedure: Prepare the court order, addressed to each party’s last known address. Use USPS certified mail and retain the green return-receipt card as proof.
- Service by Publication (If Address Unknown): If an interested party’s address cannot be determined after due diligence, publish notice in a newspaper in the county of venue for three consecutive weeks. See NH RSA 547:13 for publication requirements and sample language.
- Prepare and File Proof of Service: Once served, complete an Affidavit of Service form. Attach the mailed receipt or publisher’s affidavit. File both with the Register of Probate before the next scheduled hearing.
- Confirm Deadlines: Ensure service occurs at least 14 days before any hearing date, or as ordered by the court. Late service can delay proceedings or require re-service.
By adhering to NH Rules of Probate Procedure and RSA statutes, you ensure all interested parties receive timely notice and your probate case can proceed without undue delay.
Helpful Hints
- Double-check spelling and addresses before mailing to avoid undeliverable returns.
- Use certified mail with return-receipt for a reliable proof of service.
- If you must publish, confirm deadlines with the Register of Probate and choose a paper meeting NH RSA 547:13 standards.
- Keep meticulous records: copies of orders, receipts, affidavits, and any returned mail.
- Contact the probate court clerk’s office early to verify local procedures or required forms.
- Consider personal service for parties who are difficult to reach by mail.