Understanding Ballot Question 1: The Register of Probate
Understanding Ballot Question 1: The Register of Probate
On November 3, 2026, New Hampshire voters will decide Ballot Question 1, which proposes removing the office of register of probate from the New Hampshire Constitution.
What Is the Register of Probate?
Historically, the register of probate served as the clerk of the probate court, helping administer estates, guardianships, and adoptions. In 2011, New Hampshire reorganized its court system, transferring many of the register’s former duties to circuit court clerks. This broader restructuring eliminated positions and reduced operating costs. The office itself, however, remained in the state Constitution.
Why Does the Office Still Exist?
The register of probate remains a constitutionally established elected position, with an annual salary of $100 under RSA 548:17, even though all of its former duties have been transferred to other court personnel. Because the office is established in the Constitution, the Legislature cannot eliminate it through an ordinary law. A constitutional amendment is required.
What Would Ballot Question 1 Change?
Ballot Question 1 results from CACR 13, the proposed constitutional amendment approved by the New Hampshire Legislature. It would remove the register of probate from the relevant provisions of Part II, Articles 71 and 81 of the state Constitution. CACR 13 passed the House of Representatives by a vote of 325–15 and the Senate by a vote of 23–1. To reach voters, a constitutional amendment must receive approval from three-fifths of the entire membership of each legislative chamber. At the general election, approval requires a two-thirds majority of those voting on the question.
As Chairman of the House Municipal and County Government Committee, I believe it is important for New Hampshire residents to understand what a proposed constitutional amendment would change and why a vote is necessary.
Rep. Diane Pauer
Chairman, House Municipal and County Government Committee
Hillsborough County District 36 — Brookline, Mason & Greenville