Detailed Answer — How to submit an affidavit accounting for personal property in a small estate case in New Hampshire
Short overview: In New Hampshire, when a decedent’s estate is small and consists primarily of personal property (no real estate), a qualifying person can use a small estate affidavit (sometimes called an affidavit for collection or affidavit of distribution) to collect and distribute personal property without formal probate administration. The affidavit both lists the personal property and explains why formal administration is not required. Below are the practical steps, required contents, filing tips, and what to expect.
1. Confirm that a small estate affidavit is appropriate
- Check that the estate qualifies under New Hampshire rules for small estates. Eligibility usually depends on the total value and the nature of assets (personal property only vs. real property). If the estate contains real property or is over the statutory threshold, a small estate affidavit may not be allowed and formal probate may be required. For general information about probate and small estates in New Hampshire, consult the New Hampshire Probate Division of the Circuit Court: https://www.courts.state.nh.us/courts/circuit/probate/index.htm.
- If you are unsure whether the estate qualifies, contact the Probate Division in the county where the decedent lived or speak with an attorney before preparing the affidavit.
2. Gather supporting documents
Collect documentation you will attach to the affidavit or bring when filing:
- Certified copy of the decedent’s death certificate.
- Copy of the decedent’s will (if one exists) and any codicils.
- Records showing ownership and value of personal property (bank statements, account records, titles for vehicles, appraisals for valuable items, statements for personal effects, etc.).
- Contact information for heirs, beneficiaries, and known creditors.
3. Draft the affidavit: required content and format
The affidavit should be clear, sworn, and signed in front of a notary. Typical required elements include:
- Caption identifying the court and county (if the county or court requires it) and the title “Affidavit for Collection/Distribution of Personal Property” or similar.
- Decedent’s full name, date of death, and last known residence.
- Your full name, address, relationship to the decedent, and statement of your authority to act (e.g., heir, named beneficiary, executor if there is no probate opened).
- A clear, itemized accounting of the decedent’s personal property you are seeking to collect or distribute. For each item, include a brief description and an estimated value.
- A statement that the total value of the personal property does not exceed the limit (if applicable) and that the estate does not include real property requiring formal probate.
- A statement that no formal administration is pending in the appropriate court, or if an estate has been opened, a description of the status and any court authorizations already issued.
- A statement that all known creditors have been addressed according to law or a description of how creditors’ claims will be handled.
- An assertion that you will distribute the property according to the will, or if there is no will, according to New Hampshire intestacy rules.
- A sworn statement under penalty of perjury followed by your signature and a notary acknowledgment.
4. Attachments and evidence
Attach the death certificate and any documents you reference in the affidavit (bank records, titles, valuations, copy of the will). If you rely on a valuation, note how you determined the value (statement, appraisal, recent account balance, etc.).
5. File the affidavit with the court (if required) and provide notice
- Some small estate affidavits are filed with the probate court; others are presented to the person/organization holding the assets (banks, brokerages, vehicle registry) so they will release property. Confirm the local practice with the Probate Division in the county where the decedent last lived: NH Probate Division information.
- When filing, bring the original affidavit, attachments, and copies for the court and for distribution to institutions and other interested persons. Pay any required filing fee.
- Follow any local court rules for filing. You may need to file proof that you served copies of the affidavit on heirs and known creditors. The court may require a short waiting period for objections.
6. Dealing with objections and creditor claims
After filing or presenting the affidavit, interested persons (heirs, creditors, or beneficiaries) may object. Typical outcomes:
- If no one objects and the holder of the property accepts the affidavit, you can collect the items and distribute them as stated.
- If someone objects or a creditor asserts a valid claim, the court may require formal probate administration, creditor notice, or other proceedings to resolve disputes.
- If a financial institution refuses to release assets despite a proper affidavit, ask the institution for their written policy and the reason for refusal. If necessary, file a short action in the Probate Division or seek court guidance.
7. Practical tips for making the affidavit effective
- Be thorough and transparent: list all known assets and their values to avoid later disputes.
- Provide contact information for all heirs/beneficiaries and attach signed waivers or consents if beneficiaries agree to the proposed distribution—this often speeds release of assets.
- Consider getting informal valuations for valuable personal property (antiques, jewelry, vehicles) to support your accounting.
- Keep copies of everything you file and all correspondence with banks or other institutions.
8. When to consult an attorney
Consult an attorney if:
- The estate’s status is unclear (possible real property or large debts).
- Heirs or beneficiaries dispute the accounting or distribution.
- Creditors make claims or institutions refuse to release assets.
- The facts are complicated (multiple states, unknown heirs, contested will, or complex assets).
Where to find forms and statutes
New Hampshire’s court pages provide probate information and may list local forms or instructions: https://www.courts.state.nh.us/courts/circuit/probate/index.htm. For the text of New Hampshire statutes (RSA), use the New Hampshire General Court’s RSA site: https://www.gencourt.state.nh.us/rsa/. If you reference a specific statute, consult the RSA chapters on probate, wills, and estates for precise requirements.
Checklist: What to bring when you file or submit the affidavit
- Original signed and notarized affidavit plus copies.
- Certified death certificate.
- Copy of the decedent’s will (if any).
- Documentation of the listed personal property and valuations.
- List of heirs/beneficiaries with contact information.
- Any signed waivers or consents from other heirs.
- Filing fee (check the local Probate Division site or call to confirm fee amount).
Final note: Procedures and local practices can vary by county and by institution (banks and title agencies). Confirm filing steps and required forms with the Probate Division in the appropriate county or consult an attorney for complicated situations.
Helpful Hints
- Before drafting an affidavit, call the local Probate Division clerk and ask whether they accept small estate affidavits and what forms or language they prefer.
- Prepare an itemized list with small photos or serial numbers for valuables—institutions like banks and pawnshops may require more detail.
- If beneficiaries all agree, get written signed consent from each beneficiary and attach it to the affidavit. Banks often accept affidavits more readily when beneficiaries concur.
- Keep your emotion out of the affidavit: stick to clear, factual statements about ownership, value, and relationship.
- If a bank asks for a court order instead of an affidavit, request a written explanation of the reason and the statute or policy they rely on; then seek court guidance or legal advice if needed.
- Use the New Hampshire RSA website (https://www.gencourt.state.nh.us/rsa/) to look up relevant statutes if you need to verify thresholds or formal requirements.
Disclaimer: This article explains general procedural concepts under New Hampshire law to help you understand how a small estate affidavit for personal property typically works. It is not legal advice, does not create an attorney-client relationship, and does not replace consultation with a qualified New Hampshire attorney for advice about your specific situation.