Chapter 567-A: Appeals from the Court of Probate

A person who is aggrieved by a decree, order, appointment, grant or denial of a judge of probate which may conclude that person's interest in a matter before the court may appeal therefrom to the supreme court on questions of law in accordance with rules of the supreme court.

The judge of probate by whom a decree, order, appointment, grant or denial was made shall report the material facts found by him and his rulings of law, on request of any party entitled to appeal therefrom made before the entry of such decision. Unless otherwise ordered for good cause shown, all requests for findings and rulings and written memorandum of law must be submitted to the judge of probate at the close of the evidence. The findings of fact of the judge of probate are final unless they are so plainly erroneous that such findings could not be reasonably made.

After an appeal has been filed in the supreme court, all proceedings in pursuance of the decision appealed from shall be stayed pending determination of the appeal by the supreme court. The probate judge may, if the interests of an estate require it, appoint a special administrator under RSA 553:20. A decision of a probate judge, so far as it is affirmed or unaltered by the supreme court on appeal, shall be considered to have been in force from the time it was made by the probate judge.

On appeal, the supreme court may:

I. Reverse or affirm, in whole or in part, any decree or order of the probate court and enter any decree thereon as the probate court ought to have entered;

II. Remand the case for further proceedings in the probate court; or

III. Make any other order therein as law and justice require.