Form NHJB-2149-PE Motion for Summary Administration - New Hampshire

What Is Form NHJB-2149-PE?

This is a legal form that was released by the New Hampshire Judicial Branch - a government authority operating within New Hampshire. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is NHJB-2149-PE?
A: NHJB-2149-PE is a form for filing a Motion for Summary Administration in the state of New Hampshire.

Q: What is Summary Administration?
A: Summary Administration is a simplified probate process for settling smaller estates without going through the full probate process.

Q: Who can file a Motion for Summary Administration?
A: The surviving spouse, domestic partner, or an interested person can file a Motion for Summary Administration.

Q: What is the purpose of filing a Motion for Summary Administration?
A: The purpose of filing a Motion for Summary Administration is to ask the court to distribute the assets of the estate without going through the full probate process.

Q: What are the requirements for filing a Motion for Summary Administration?
A: The requirements for filing a Motion for Summary Administration may include a sworn statement, a list of the assets and debts of the estate, and a proposed distribution plan.

Q: Is there a fee for filing a Motion for Summary Administration?
A: Yes, there may be a filing fee associated with filing a Motion for Summary Administration. The amount can vary depending on the county and the value of the estate.

Q: How long does the process of Summary Administration usually take?
A: The process of Summary Administration can take a few weeks to several months, depending on the complexity of the estate and the court's schedule.

Q: What happens after a Motion for Summary Administration is granted?
A: After a Motion for Summary Administration is granted, the court will issue an order authorizing the distribution of the assets to the beneficiaries or heirs.

Q: Can I contest a Motion for Summary Administration?
A: Yes, you can contest a Motion for Summary Administration if you believe there are valid reasons why the estate should go through the full probate process.

Q: Do I need an attorney to file a Motion for Summary Administration?
A: While it is not required to have an attorney, it is recommended to consult with an attorney who specializes in estate law to ensure that the process is done correctly.

Q: What if there is no will in a Summary Administration?
A: If there is no will in a Summary Administration, the estate will be distributed according to the laws of intestate succession in the state of New Hampshire.

Q: Can I use NHJB-2149-PE for a large estate?
A: NHJB-2149-PE is typically used for smaller estates. If the estate is larger or more complex, it may be necessary to go through the regular probate process instead.

Q: What other forms may be required for Summary Administration?
A: Other forms that may be required for Summary Administration include NHJB-2148-FP - Affidavit of Affidavit of Residence and Death, NHJB-2149-DFE - Decree on Motion for Summary Administration, and NHJB-2151-P - Application for Decree.

Q: Can I file a Motion for Summary Administration if I am not the surviving spouse?
A: Yes, an interested person can file a Motion for Summary Administration even if they are not the surviving spouse.

Q: What is the purpose of the proposed distribution plan?
A: The proposed distribution plan outlines how the assets of the estate will be distributed among the beneficiaries or heirs.

Q: Can the court reject a Motion for Summary Administration?
A: Yes, the court can reject a Motion for Summary Administration if it determines that the estate does not meet the requirements for summary administration or if there are other issues with the filing.

Q: What if there are outstanding debts in the estate?
A: Outstanding debts in the estate should be paid before the assets are distributed to the beneficiaries or heirs.

Q: Are there any restrictions on who can benefit from Summary Administration?
A: No, there are no specific restrictions on who can benefit from Summary Administration.

Q: Can I revoke a Motion for Summary Administration?
A: Yes, a Motion for Summary Administration can be revoked if there is a valid reason to do so, such as new evidence or a change in circumstances.

Q: Can I appeal a court's decision on a Motion for Summary Administration?
A: Yes, you can appeal a court's decision on a Motion for Summary Administration if you believe there was a legal error or a mistake in the process.

Q: What if there is disagreement among the beneficiaries or heirs?
A: If there is disagreement among the beneficiaries or heirs, it may be necessary to go through the regular probate process to resolve the dispute.

Q: Is Summary Administration available in all states?
A: Summary Administration is not available in all states. It is specific to certain states, including New Hampshire.

Q: What is the role of the court in Summary Administration?
A: The court's role in Summary Administration is to review the motion, supporting documents, and proposed distribution plan, and to make a decision on whether to grant the motion.

Q: Can I modify the proposed distribution plan after filing?
A: In some cases, it may be possible to modify the proposed distribution plan after filing. However, it is recommended to consult with an attorney to determine the appropriate steps.

Q: What if the decedent had joint assets or assets with designated beneficiaries?
A: Joint assets or assets with designated beneficiaries may not be included in the estate and may pass directly to the surviving joint owner or designated beneficiary.

Q: Can I use NHJB-2149-PE for out-of-state decedents?
A: NHJB-2149-PE is specifically for New Hampshire estates. For out-of-state decedents, the appropriate forms and procedures for that state should be followed.

Q: Is there a deadline for filing a Motion for Summary Administration?
A: There may be a deadline for filing a Motion for Summary Administration, depending on the specific circumstances and the state's probate laws. It is best to consult with an attorney to determine the applicable deadline.

Q: Can I use NHJB-2149-PE for estates with real estate?
A: NHJB-2149-PE can be used for estates with real estate, but additional steps and forms may be required to transfer the property.

Q: What if there are minors or incapacitated individuals as beneficiaries or heirs?
A: If there are minors or incapacitated individuals as beneficiaries or heirs, special provisions may need to be made to protect their interests, such as the appointment of a guardian or trustee.

Q: What if there are disagreements about the value of assets or debts?
A: If there are disagreements about the value of assets or debts, it may be necessary to provide supporting documentation and evidence to the court to resolve the dispute.

Q: Can I handle the entire Summary Administration process without an attorney?
A: While it is possible to handle the Summary Administration process without an attorney, it is recommended to consult with an attorney to ensure that all legal requirements are met and to avoid potential issues or complications.