Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In New Hampshire, the probate court oversees administration of estates. If no hearing date has been set, you can file a motion to schedule one. Below is an overview of the process under New Hampshire law.
1. Identify the Proper Probate Court
File your motion in the probate court in the county where the decedent resided at death. Find courts here: NH Court Directory.
2. Prepare and File a Motion to Schedule a Hearing
Draft a “Motion to Schedule Hearing” that explains the relief sought. Include the case name, docket number, and statutory basis (e.g., RSA 551:8 for probate of wills or RSA 556:1 for estate administration). File the motion with the court clerk and pay any applicable filing fee.
3. Serve Notice on Interested Parties
Under RSA 552:1, serve all interested parties (heirs, beneficiaries, and personal representatives) at least 10 days before the hearing date. Use certified mail or personal service per court rules.
4. Confirm Hearing Date
After filing, contact the clerk to obtain available hearing dates. Once the court sets a date, note the time, location, and any submission deadlines for briefs or evidence.
5. Attend the Hearing
Appear on the scheduled date with originals and copies of your motion, supporting documents, and proof of service. Be prepared to explain why the hearing is necessary and answer any questions from the judge.
Helpful Hints
- Check county rules: Some counties publish local probate procedures or forms online.
- Use clear titles: Label your motion clearly, e.g., “Motion to Schedule Probate Hearing.”
- Keep records: Maintain proof of filing and service for your records.
- Confirm service deadlines: Late service can delay your hearing.
- Consult court staff: The clerk’s office can guide you on formatting and fees.