§ 151-A:15 — Patient Accounts; Disposition Upon Death; Testate or Intestate

I. If within 30 days after the date of a testate or intestate patient's death in any nursing home no petition for probate has been filed under any section of RSA 553 and the gross value of the personal property remaining at the nursing home belonging to the deceased, including any amount left in a patient account, is no more than $10,000, the nursing home administrator shall file in the probate court in the county where the nursing home is located an affidavit for the purpose of disposing of such deceased patient's estate. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33. The nursing home administrator shall not file a death certificate with the probate court, but shall attest to the death in the affidavit. If the nursing home patient died testate and if the nursing home administrator has the will or a copy of the will, the nursing home administrator shall file the same in the probate court in the county where the nursing home is located. The probate court shall waive all filing fees.
II. Notwithstanding the provisions of RSA 561, if all known debts of the deceased have been paid and a balance remains in the deceased's estate after the filing required under paragraph I, the probate court may order the administrator to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.

Legislative History

1981, 249:1. 1991, 85:1. 1998, 137:12, eff. Aug. 7, 1998. 2005, 252:6, eff. Jan. 1, 2006. 2006, 180:1, eff. May 25, 2006. 2011, 88:21, eff. July 1, 2011. 2012, 167:1, eff. June 7, 2012. 2021, 122:39, eff. July 1, 2021.