New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 463:4 (2026)
Jurisdiction and Venue
✓ current as of May 2026
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463:4 Jurisdiction and Venue. –
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter shall be subject to the provisions of RSA 458-A.
II. (a) Venue for guardianship proceedings for a minor is in the county where the minor resides, the county where the minor is physically present when the proceedings are commenced, the county in which the authorized agency is providing services to the minor, or the county in which an underlying cause of action arose.
(b) In proceedings to create a guardianship of the estate of a minor containing real property, venue may also be in a county in which the real property, or a portion thereof, of the minor is located.
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter shall be subject to the provisions of RSA 458-A.
II. (a) Venue for guardianship proceedings for a minor is in the county where the minor resides, the county where the minor is physically present when the proceedings are commenced, the county in which the authorized agency is providing services to the minor, or the county in which an underlying cause of action arose.
(b) In proceedings to create a guardianship of the estate of a minor containing real property, venue may also be in a county in which the real property, or a portion thereof, of the minor is located.
Source. 1995, 222:1. 1998, 155:1. 1999, 217:2, eff. Jan. 1, 2000.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1966–2024 · leading case: In Re Penny N., 414 A.2d 541 (N.H. 1980).
In Re Penny N., 414 A.2d 541 (N.H. 1980). “Before deciding the appointment issue, the court transferred without ruling the following question of jurisdictional law pursuant to Supreme Court Rule 9: “Does the Probate Court have the necessary authority to appoint a Guardian for the sole purpose of signing a medical consent…”
Brauch v. Shaw, 432 A.2d 1 (N.H. 1981). “at 355 ; RSA 463:4. Recently a number of jurisdictions have held that, because the “best interests” of the child is the primary consideration of a custody determination, the natural father of an illegitimate child has custodial rights similar to those of a father of a legitimate…”
McLaughlin v. Mullin, 651 A.2d 934 (N.H. 1994). “” RSA 463:4 (1992) (emphasis added). Accordingly, when Kathryn Mullin died, the respondent became Sabina’s sole guardian.”
Ellsworth v. Heath, 678 A.2d 138 (N.H. 1996). “Although reordered, these provisions are identical to those in the previous enactment, see RSA 463:4, :5 (1992), and, in fact, have remained virtually unchanged since their enactment in 1911.”
Developmental Disabilities Advocacy Ctr., Inc. v. Melton, 521 F. Supp. 365 (D.N.H. 1981). “The applicable statute provides that parents are joint guardians of their unmarried minor children, RSA 463:4, and, accordingly, the duty falls primarily upon parents to recognize a child’s symptoms of illness and to seek and follow medical advice.”
In re Jesse F., 722 A.2d 457 (N.H. 1998). “On appeal, Brenda contends that the probate court erred because: (1) its ruling was unsupported by the evidence; (2) it did not give due weight to the biological father’s stated preference that guardianship be granted to Brenda; and (3) it did not appoint a guardian ad litem for…”
Wallace v. Lougee, 221 A.2d 780 (N.H. 1966). “Property rights as well as rights of custody are vitally affected by adoption.”
Heath Ex Rel. Heath v. Seymour, 270 A.2d 602 (N.H. 1970). “RSA 463:4. When the parents are living together, the father usually sues for these consequential damages and receives what is awarded.”
Petition of New Hampshire Div. for Child., Youth & Families (N.H. 2020). “See RSA 463:4 (2018); RSA 463:18 (2018); see also 490-F:3 (Supp.”
In re Guardianship of J.H., 2024 N.H. 3 (N.H. 2024). “See RSA 463:4 (2018); RSA 490- F:3. RSA 463:8 permits the court to “appoint a guardian of the person or of the estate or of both,” and grants the court authority over the guardianship proceedings.”
In re T.L. (N.H. 2015). “192, 193 (1998) (stating that probate court has wide discretion in determination of guardianship matters); see also RSA 463:4 (2004) (granting probate court jurisdiction over appointment of guardian of a minor child); RSA 490-D:2, VIII (Supp.”
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