Detailed Answer — step-by-step under New Hampshire law

This section explains the typical process to become the personal representative (sometimes called an administrator or executor) of a deceased person’s estate under New Hampshire law, what the court looks at, and the duties you will take on if appointed.

1. Who has priority to be appointed?

If there is a valid will, the person named as executor in the will generally has first right to appointment. If there is no will (intestate) or the named person is unable or unwilling to serve, New Hampshire law gives priority to certain close relatives. In practice, a surviving spouse, adult children, parents, siblings, or another person with a financial interest or close relationship may petition the probate court. For local rules and forms, see the New Hampshire Probate Court pages: https://www.courts.state.nh.us/probate/.

2. Where to file the petition

File a petition for probate of the will and/or appointment of a personal representative in the probate division of the New Hampshire Superior Court (probate court) in the county where the decedent lived at death. You can find court locations and contact information on the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/locations/.

3. Typical paperwork and documents

• Death certificate (certified copy).
• The original will, if one exists.
• A petition for probate or letters of administration (specific form names vary by county).
• A completed list of heirs and beneficiaries and their contact information.
• Petitioner’s affidavit of qualification (showing you are eligible and willing to serve).
• Bond documents, if the court requires a surety bond.

The New Hampshire courts publish probate forms and filing instructions: https://www.courts.state.nh.us/forms/.

4. Bond and waivers

The court may require a bond (insurance that protects the estate against mismanagement). If the will waives bond or all heirs consent, the court often waives the bond requirement. Whether bond is required and the bond amount depend on the estate size and local practice.

5. Notice and potential hearing

After you file, the court will usually require notice to interested persons (heirs, beneficiaries, creditors). The court may schedule a short hearing to confirm appointment and approve the bond (if any). If no one objects and documents are in order, appointment is often routine.

6. Letters of appointment and scope of authority

If the judge appoints you, the court issues letters testamentary (if there is a will) or letters of administration (if intestate). Those letters give you authority to collect assets, pay valid debts, manage estate business, and distribute property according to the will or New Hampshire intestacy rules.

7. Duties once appointed

• Identify, secure, and inventory estate assets.
• Provide notice to known creditors and pay valid debts and taxes.
• File required tax returns and probate inventories or accountings with the court when required.
• Distribute remaining assets to beneficiaries according to the will or statute.
• Keep clear records; you may be personally liable for mismanagement.

8. Timeframe and costs

Small, uncontested estates can be opened and administered in a few months. Complex estates, contested matters, creditor claims, or tax issues can extend administration by a year or more. Expect filing fees, possible bond premiums, publication costs for notice, accounting costs, and attorney fees if you hire counsel.

9. Where to find the controlling law

New Hampshire’s probate-related statutes and rules govern appointment, duties, and intestate succession. For the statutory code and specific provisions, consult the New Hampshire Revised Statutes Annotated available from the General Court: https://www.gencourt.state.nh.us/rsa/html/. For practical filing procedures and forms, consult the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/ and the statewide forms page: https://www.courts.state.nh.us/forms/.

Helpful Hints

• Get several certified death certificates early — banks and agencies usually require originals.
• Locate the decedent’s original will and important financial records before filing.
• Contact the probate clerk for a checklist of local filing requirements and fees.
• Ask beneficiaries and likely heirs to sign waivers if they agree to your appointment — that can speed the process and may remove bond requirements.
• Keep a clear, dated file of every estate transaction and all communications with the court and creditors.
• If the estate holds real property, you may need to file additional deeds or notices locally — check county land records.
• Consider consulting a probate attorney if the estate is large, contains business interests, involves disputes, or if taxes or out-of-state assets are involved.
• If you cannot serve, decline promptly so another suitable person can be appointed and administration can proceed.