§ 167:16 — Enforcement of Assistance Liens

I. Assistance liens arising under this chapter or RSA 161 may be enforced by a bill in equity, or, in the case of liens against real estate which have been duly filed under RSA 167:14, by filing a timely and verified notice of lien with the probate court with jurisdiction over the estate of the recipient and mailing a copy of said notice and a verified claim for recovery of assistance payments to the administrator of the estate.
II. The commissioner may enforce the liquidated amount of an assistance lien against real estate by filing a timely and verified notice with the probate court and submitting a timely and verified claim against the estate of the recipient which sets forth the dates and amounts of assistance paid. Such claims shall be timely if filed within 6 months from the initial grant of administration for the estate in question.
III. Notwithstanding RSA 556:5 and any other provision of law to the contrary, the administrator of a recipient's estate shall be conclusively presumed to have accepted a claim for recovery of assistance which is subject to the jurisdiction of the probate court unless, within 12 months from the initial grant of administration, the administrator commences an equitable action in the superior court challenging the validity or amount of the commissioner's claim and lien.
IV. When a timely notice of lien has been filed with a probate court pursuant to this section, approval of a request to sell real estate or to distribute probate assets shall not occur until and unless the court enters a finding that the assistance claim has been satisfied or the commissioner's lien is otherwise protected.

Legislative History

1951, 139:9. RSA 167:16. 1992, 30:2. 1995, 310:120, 183. 2000, 156:5, eff. Jan. 1, 2001.