§ 561:10 — Unclaimed Share

I. Whenever, upon a decree of distribution or the settlement of the account of an administrator, executor or trustee, there shall be in his or her hands any sum of money in excess of $5,000 belonging to any heir, legatee, beneficiary, creditor, or other person whose place of residence is unknown and cannot be found, or if such person shall refuse to accept or receipt for such sum after being tendered, the administrator, executor or trustee shall petition the probate court and the court, when satisfied that due diligence has been used to find the person entitled to such sum or that such sum has been tendered to and refused by such heir, legatee, beneficiary, creditor or other person entitled to the same, shall decree that the sum be paid over to the state treasurer, and such payment shall be a discharge of said administrator, executor or trustee. The state treasurer shall hold any such sums received in accordance with RSA 471-C.
II. In the cases of sums of $5,000 or less the probate court, after an affidavit has been filed with it by the administrator, executor or trustee stating that due effort had been made to find the person entitled to such sum, or that said person has refused tender of such sum, may make distribution of such sum in accordance with the provisions of this chapter but as though those entitled thereto under the original decree of distribution or their issue, representatives or assigns had no interest in or against the estate.

Legislative History

1893, 14:1. 1897, 7:1. PL 307:9. 1929, 20:1. 1935, 75:1. RL 360:10. RSA 561:10. 1967, 212:1. 1997, 208:18. 2003, 46:1, eff. Jan. 1, 2004.