New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 547:3 (2026)
Jurisdiction
✓ current as of May 2026
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547:3 Jurisdiction. –
I. The probate court shall have exclusive jurisdiction over the following:
(a) The probate of wills.
(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the establishment of death of a person presumed dead and assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.
(c) The interpretation and construction of wills and the creation by judgment or decree, interpretation, construction, modification, and termination of those trusts described in RSA 564-B.
(d) The administration of those trusts described in RSA 564-B, and the appointment, removal and surcharge of trustees of such trusts.
(e) The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.
(f) The adoption of children.
(g) The change of names of persons who reside in the county and who apply therefor.
(h) [Repealed.]
(i) Durable powers of attorney for health care under RSA 137-J.
(j) The interpretation and effect of living wills under RSA 137-J.
(k) [Repealed.]
(l) Petitions to quiet title of real estate pursuant to RSA 547:11-c.
(m) Declaratory judgment actions pursuant to RSA 547:11-b.
(n) Any other jurisdiction as may be granted by statute.
II. The probate court shall have concurrent jurisdiction with the superior court over the following:
(a) Subject to RSA 498:4-a, cases involving charitable uses and trusts other than those trusts described in RSA 564-B, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d).
(b) Durable powers of attorney under RSA 564-E.
(c) Waivers for marriage of minors pursuant to RSA 457:6-457:7.
(d) Ancillary matters as defined in RSA 547:3-l.
(e) Petitions for partition pursuant to RSA 547-C.
(f) Transfer on death deeds pursuant to RSA 563-D.
III. The probate court shall have concurrent jurisdiction with the district court over ancillary matters as defined in RSA 547:3-l.
IV. Nothing in this section shall be construed to confer upon the probate court any additional authority over inter vivos trusts beyond that authority exercised by the superior court prior to the adoption of this section.
V. The administrative judge of the circuit court may appoint one or more referees to any matter which is not contested and to which no objection has been filed, or to which all parties have assented, for any cases arising under subparagraphs I(a), (b), and (g). Any referee so assigned shall act under the direction of a judge of probate as defined in RSA 490-F:6, III. Any party aggrieved by a decision made by a referee pursuant to this paragraph may file a request for reconsideration within 10 days of the clerk's notice of decision, and if such request is filed, the matter shall be reviewed by a judge of probate.
I. The probate court shall have exclusive jurisdiction over the following:
(a) The probate of wills.
(b) The granting of administration and all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement, and final distribution of estates of deceased persons, including the establishment of death of a person presumed dead and assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom.
(c) The interpretation and construction of wills and the creation by judgment or decree, interpretation, construction, modification, and termination of those trusts described in RSA 564-B.
(d) The administration of those trusts described in RSA 564-B, and the appointment, removal and surcharge of trustees of such trusts.
(e) The appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties imposed by law on such conservators and guardians, and the management and disposition of the estates of their wards.
(f) The adoption of children.
(g) The change of names of persons who reside in the county and who apply therefor.
(h) [Repealed.]
(i) Durable powers of attorney for health care under RSA 137-J.
(j) The interpretation and effect of living wills under RSA 137-J.
(k) [Repealed.]
(l) Petitions to quiet title of real estate pursuant to RSA 547:11-c.
(m) Declaratory judgment actions pursuant to RSA 547:11-b.
(n) Any other jurisdiction as may be granted by statute.
II. The probate court shall have concurrent jurisdiction with the superior court over the following:
(a) Subject to RSA 498:4-a, cases involving charitable uses and trusts other than those trusts described in RSA 564-B, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d).
(b) Durable powers of attorney under RSA 564-E.
[Paragraph II(c) repealed by 2024, 81:5, VI effective January 1, 2025.]
(c) Waivers for marriage of minors pursuant to RSA 457:6-457:7.
(d) Ancillary matters as defined in RSA 547:3-l.
(e) Petitions for partition pursuant to RSA 547-C.
(f) Transfer on death deeds pursuant to RSA 563-D.
III. The probate court shall have concurrent jurisdiction with the district court over ancillary matters as defined in RSA 547:3-l.
IV. Nothing in this section shall be construed to confer upon the probate court any additional authority over inter vivos trusts beyond that authority exercised by the superior court prior to the adoption of this section.
V. The administrative judge of the circuit court may appoint one or more referees to any matter which is not contested and to which no objection has been filed, or to which all parties have assented, for any cases arising under subparagraphs I(a), (b), and (g). Any referee so assigned shall act under the direction of a judge of probate as defined in RSA 490-F:6, III. Any party aggrieved by a decision made by a referee pursuant to this paragraph may file a request for reconsideration within 10 days of the clerk's notice of decision, and if such request is filed, the matter shall be reviewed by a judge of probate.
Source. RS 152:3. CS 161:3. GS 170:2. GL 189:2. PS 182:2. PL 293:3. RL 346:3. RSA 547:3. 1973, 431:1. 1992, 284:49. 1993, 190:4. 1997, 100:5, 6. 2005, 280:1. 2006, 91:2, 3, eff. May 5, 2006; 302:5, eff. Jan. 1, 2007. 2008, 97:1, eff. May 21, 2008; 109:3, 10(I), eff. July 27, 2008. 2017, 178:4, eff. Jan. 1, 2018. 2021, 207:2, Pt. III, Secs. 1 and 2, eff. Oct. 9, 2021. 2024, 1:3, eff. July 1, 2024; 292:19, 20, eff. Sept. 24, 2024.
Notes of Decisions
Cited in 31
cases (5 in the last 5 years), 1974–2026 · leading case: Samuel Rogers v. Joseph Rogers, 203 A.3d 85 (N.H. 2019).
Samuel Rogers v. Joseph Rogers, 203 A.3d 85 (N.H. 2019). “In his pleading, the defendant argued that "[a]ll of [the] [p]laintiff's claims are related to the [e]state, and the administration of the [e]state, and the values of estate assets, and the disbursement of the estate assets" and, therefore, the probate court has exclusive…”
In re Cigna Healthcare, Inc., 777 A.2d 884 (N.H. 2001). “Optima asserts that the probate court has jurisdiction over its contractual dispute with CIGNA under RSA 547:3, 11(a) (Supp. 2000), which grants the probate court concurrent jurisdiction with the superior court over “[c]ases involving charitable uses and trusts, other than…”
Attorney Gen., Dir. of Charitable Trusts v. Loreto Publications, Inc., 142 A.3d 706 (N.H. 2016). “is NOT a Charitable Trust, but rather a church/religious organization, [the] court lacks subject matter jurisdiction under [RSA 547:3,11(a)] to hear this matter.” The court denied the motion.”
In Re Athena D., 27 A.3d 744 (N.H. 2011). “Moreover, RSA 547:3 (Supp. 2010) defines the jurisdiction of the probate courts.”
In re Est. of Ward, 523 A.2d 28 (N.H. 1986). “The defendant makes the following contentions on appeal: (1) the sum of $116,820 which William Watson appropriated did not constitute a debt for purposes of RSA 554:14 and, thus, was not subject to probate court jurisdiction under RSA 547:3; (2) the fees for valueless services…”
In re Muller, 62 A.3d 770 (N.H. 2013). “212, 214-15 (2009) (quotations omitted); see also RSA 547:3 (2007 & Supp. 2012) (probate court jurisdiction); RSA 547:ll-b (2007) (granting probate court jurisdiction over declaratory judgment actions regarding title to real or personal property in decedent’s estate); RSA…”
In re Monadnock, 790 A.2d 786 (N.H. 2002). “The State moved to dismiss the superior court proceedings for lack of jurisdiction, arguing that the probate court has exclusive jurisdiction over the interpretation, construction and modification of express trusts pursuant to RSA 547:3,1(c) (Supp. 2001). The State then filed a…”
Ellsworth v. Heath, 678 A.2d 138 (N.H. 1996). “1995) provides that the probate court has exclusive jurisdiction over: “The appointment and removal of conservators, and of guardians of minors” and “[a]ny other jurisdiction as may be granted by statute.” RSA 547:3,1(e), (n).”
In re Est. of O'Dwyer, 605 A.2d 216 (N.H. 1992). “9, presents us with the question of whether the probate court has jurisdiction to decide what constitutes a probate asset under RSA 547:3 and part II, article 80 of the New Hampshire Constitution.”
Gilman v. Lake Sunapee Props., LLC, 977 A.2d 483 (N.H. 2009). “RSA 547:3, I(k) (2007) (repealed 2008) vests the probate court with exclusive jurisdiction over petitions for partition pursuant to RSA Chapter 547-C.”
In Re Guardianship of Phuong Phi Thi Luong, 951 A.2d 136 (N.H. 2008). “See RSA 547:3, 1(e) (2007) (granting probate judges exclusive jurisdiction to “appoint[] and remov[e].”
In Re Bergeron Est., 380 A.2d 678 (N.H. 1977). “2d 156, 162 (1947); see RSA 547:3; Martineau v. Waldman, 93 N.H. 386 , 42 A.”
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