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New Hampshire Voters to Vote on Abolishing Probate Registry Post

A constitutional amendment aims to remove a largely ceremonial office that has existed in state law since 1784 but lost its core duties in 2011.

By Madison Morris ·

Illustration for: New Hampshire Voters to Vote on Abolishing Probate Registry Post
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New Hampshire residents will vote on November 3 to decide whether to eliminate the office of probate registry from the state constitution. The proposal seeks to end the formal existence of a position that currently pays holders $100 per year with little to no official responsibility.

The office, included in the original 1784 constitution, functioned as a court secretary until 2011. At that time, a major judicial reform moved probate cases to the new Circuit Court. The state transferred the registry's duties to other court employees and reduced the salary to $100, the same annual stipend given to state legislators.

Despite the loss of authority, the position remained in the constitution, requiring voters to elect a registry clerk in every county for the past 15 years. Donna Sytek, the former president of the New Hampshire House of Representatives, ran for the Rockingham County post in 2016 with a platform to abolish the role. She lost that race but will appear on the ballot again in November.

"They have no function. They have no office. They have no phone," Sytek said. She described the amendment as a necessary administrative cleanup to align the constitution with current operations. Sytek expressed optimism that the new proposal will secure the required majority, noting it is simply a loose end in the state's legal framework.

Jane Bradstreet, a long-serving registry clerk in Merrimack County since 1999, views the position differently. Although she lacks a public phone number, office, or website, she states that she continues to assist residents through word of mouth. She considers the role valuable because it maintains an elected official within the judicial branch, providing a layer of independence from judges who cannot technically supervise or fire her.

"Sometimes I can be of great help to people," Bradstreet said. Her name will appear on the Merrimack County ballot on November 3 alongside her Republican opponent. Below their names, voters will see the constitutional amendment proposal to remove the office entirely.

The state legislature drafted and approved the new amendment this year. In 2022, the last time voters considered abolishing the post, the measure received approximately 63% of the vote. That result fell short of the 66% threshold required to amend the constitution. This year's ballot includes the updated language that proponents hope will clear that bar.

Voters in New Hampshire have been asked to select their preferred registry clerk in every general election since 1877. The role has been an elected position for 15 years, though its practical workload has dwindled to nearly zero. The upcoming vote will determine if this historical artifact is formally erased from state law.

Source: WEVO

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