How to Open an Estate Proceeding in New Hampshire

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.

Detailed Answer

When no probate case exists, you must formally open an estate proceeding in the Probate Court of the county where the decedent resided. Follow these steps under New Hampshire law:

1. Check for Summary Administration. If the estate’s net value (after funeral expenses and administration costs) does not exceed $45,000, you may use summary administration under RSA 554:5. This streamlined process allows asset collection without full probate.
2. Gather Required Documents. Obtain a certified death certificate. Compile an asset list (real property, bank accounts, personal property) and a list of heirs or beneficiaries, including their addresses.
3. Prepare and File a Petition for Administration. Complete the Probate Court’s petition form (often called Form PR-1). File it with the clerk of the Probate Court in the decedent’s county. Under RSA 556:1, the court will determine if formal administration is necessary (versus summary administration).
4. Submit Death Certificate and Pay Fees. Attach the original death certificate to your petition. Pay the standard filing fee. Fees vary by county; check the local Probate Court website.
5. Post Bond if Required. The court may require a surety bond for the personal representative. Bond amounts depend on the estate’s value. If eligible, you can request a bond waiver for small estates.
6. Notify Interested Parties and Creditors. After appointment, serve written notice on all heirs, beneficiaries, and known creditors. Publish a notice to creditors in a local newspaper if required. Creditors typically have 60 days to present claims.
7. File Inventory. Within three months of your appointment, file a detailed estate inventory under RSA 554:11. This report lists all assets and their values as of the date of death.
8. Administer the Estate. Pay valid debts and funerary expenses. Distribute remaining assets to heirs or beneficiaries according to the will or, if there is no will, according to New Hampshire’s intestacy statutes (RSA 560).
9. File Final Accounting and Close Estate. Prepare and submit a final account reflecting all transactions. Once approved, the court will issue an order closing the estate and discharging the personal representative.

Helpful Hints

• Use official Probate Court forms available on the New Hampshire Judicial Branch website.
• Keep copies of all filed documents, correspondence, and notices.
• Observe deadlines (inventory, creditor claims) to avoid liability as a representative.
• Consider hiring a probate attorney if the estate involves real estate, complex assets, or creditor disputes.
• Check fee schedules and bond requirements for your county’s Probate Court.
• Inform financial institutions promptly to secure and value accounts.
• Maintain an organized record of receipts, disbursements, and communications.