Detailed Answer — Applying for Probate Appointment and Taking the Oath in New Hampshire
When a person dies in New Hampshire, someone must ask the probate court to appoint a personal representative (executor or administrator) to manage the estate. The appointment process requires submitting specific documents to the probate court and, in most cases, taking an oath. Below is a plain-language checklist of what you will usually need, how to file, and what to expect under New Hampshire practice.
Where to file
File in the probate division of the superior court in the county where the decedent lived at death. The New Hampshire Judicial Branch website lists courts and contact information: https://www.courts.state.nh.us/. For statutory text on wills, probate, and administration, see the New Hampshire Revised Statutes: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.
Who may apply
Typically the person named as executor in the decedent’s will applies. If there is no valid will, a close relative or other interested person may apply to be appointed as administrator. The court will verify who is eligible and whether others must be notified.
Core documents usually required to apply for probate appointment and to take the oath
- Original will (if any): The court normally requires the original signed will and any codicils. If multiple originals exist, bring them all.
- Death certificate: A certified copy of the decedent’s death certificate.
- Probate petition or application: The formal petition to open probate or to appoint a personal representative. Many probate courts provide a template or form; use the local form if available.
- Oath form: A sworn statement (oath) by the person seeking appointment promising to perform duties faithfully. The court clerk or judge will provide the exact wording or form to be signed under oath.
- Letters Testamentary or Letters of Administration (proposed): Some courts issue standard letters after appointment. You may be asked to submit a proposed form or request issuance when you file.
- Renunciations or consents of other parties (if applicable): If another nominated executor declines, a signed renunciation helps. If heirs consent to appointment or to waiving a bond, get written, signed statements.
- Bond (if required): A surety bond may be required to protect the estate. The will can waive bond for a named executor, or the court can set a bond amount. If a bond is required, file the bond form and surety information.
- List of heirs and beneficiaries: A simple list with names, addresses, relationships, and ages (minor or adult) helps the court and notice requirements.
- Petition for informal or formal probate (depending on circumstances): Some estates can be opened informally (short-form); others require formal probate with hearing. Use the correct petition type for your facts.
- Identification and contact information for the applicant: The court will want a mailing address, phone, and a government ID when you appear to take the oath.
- Filing fee: Courts charge a filing fee. Confirm the current amount with the local probate clerk and bring payment or check the court’s accepted payment methods.
What happens at filing and at the oath
- Clerk accepts the petition, original will (if any), and death certificate and reviews required forms.
- If statutory notices are required, the clerk will advise you how and when to give notice to heirs and creditors.
- If the court approves the appointment, you will sign the oath and, where required, provide a bond. The court then issues Letters Testamentary or Letters of Administration, which prove your authority to act for the estate.
Common variations and special circumstances
- If the will nominates an executor, the court usually appoints that person unless they are disqualified or unwilling.
- If there is no will, the court appoints an administrator following the statutory order of priority among heirs or other interested persons.
- If a bond is required but the will waives it, you should bring evidence of that waiver in the will.
- If property includes real estate, banks, or retirement accounts, those institutions may require certified copies of Letters and additional forms to release assets.
After appointment: immediate practical steps
- Obtain several certified copies of the Letters and the death certificate. Banks and government agencies often demand originals or certified copies.
- Inventory estate assets and secure valuable items.
- Follow notice and creditor-claim procedures required by the court and statute.
- If estate administration will be complicated, consider consulting an attorney experienced in New Hampshire probate.
Helpful Hints
- Contact the local probate clerk before filing. Clerks can confirm the exact forms, fees, and whether an informal or formal probate is appropriate.
- Bring the original will — courts often will not accept copies for probate proceedings.
- Get multiple certified copies of death certificate and of issued Letters; banks usually require certified copies to release funds.
- Check the will for a bond waiver. If present, bring the relevant page to the court to avoid unnecessary bonding costs.
- Prepare a simple list of known heirs and beneficiaries and their contact information before filing to speed notice processes.
- Ask the clerk about required notices to creditors and how to publish notice if required.
- If someone contests the will or appointment, the case may require a hearing. Be prepared for additional filings and possible legal representation.
- If the estate is small, New Hampshire may offer simplified procedures. Ask the court about small-estate options or affidavit procedures that can avoid full probate.
Where to find forms and more information: Start with the New Hampshire Judicial Branch website for court locations and contact info: https://www.courts.state.nh.us/. For statutory guidance, review the New Hampshire Revised Statutes at: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html. Your local probate clerk can tell you which local forms to use and what the current fees are.
Disclaimer: This article explains general practice and common documents used when applying for probate appointment and taking the oath in New Hampshire. It is for informational purposes only and is not legal advice. Laws and court procedures change. For advice about a specific situation, contact the probate clerk or an attorney licensed in New Hampshire.