Detailed answer — How New Hampshire handles intestacy and when probate is required

This explanation assumes no will (intestate). When a person dies intestate in New Hampshire, state law determines who inherits (the decedent’s heirs) and how the decedent’s property is distributed. Estates often require the probate court to appoint a personal representative (often called an administrator) to gather assets, pay debts, and distribute property according to New Hampshire’s intestacy rules.

Key factors that determine whether probate administration is required

• Type and value of assets: If the decedent owned real estate, bank accounts solely in their name, or other titled property (vehicles, stock certificates, personal property) that cannot be transferred by beneficiary designation or joint ownership, probate is commonly needed to transfer title.
• Nonprobate assets: Assets with beneficiary designations (life insurance, retirement accounts), pay‑on‑death (POD) or transfer‑on‑death (TOD) designations, and property held in joint tenancy with right of survivorship typically pass directly to the surviving beneficiary or joint owner and usually do not require probate.
• Small‑estate procedures: Some jurisdictions allow simplified procedures for low‑value estates that let heirs collect assets without full administration. Whether New Hampshire provides a small‑estate affidavit or similar shortcut (and the dollar threshold) should be confirmed with the probate court or statutes.
• Creditors and claims: If the estate has debts or potential creditor claims, formal administration gives the court‑supervised process for notifying creditors, adjudicating claims, and protecting personal representatives from later liability.
• Disputes among heirs: If family members dispute who should receive property or question an heir’s entitlement, opening a probate administration clarifies rights under state law and provides a formal forum for resolution.

Typical probate steps when no will exists

1. File a petition with the local New Hampshire probate court asking to open an administration and appoint an administrator.
2. The court issues letters of appointment (letters of administration) authorizing the administrator to act for the estate.
3. The administrator locates assets, secures property, notifies heirs and creditors, and inventories estate assets.
4. Pay valid debts and taxes from estate funds, subject to the court’s supervision and applicable notice periods.
5. Distribute remaining assets to heirs according to New Hampshire intestacy rules.
6. Close the estate with the probate court after filing required accounting and paperwork.

Where New Hampshire law applies

New Hampshire’s probate courts and statutory framework govern intestate succession and estate administration. For official information on New Hampshire statutes and probate courts, consult the New Hampshire Revised Statutes and the state court probate pages. See the New Hampshire statutes and probate court resources:

• New Hampshire Revised Statutes Annotated (RSA) — RSA index (search for chapters on descent, distribution, and probate procedure)
• New Hampshire Judicial Branch — local probate court information and forms

Common scenarios and practical outcomes

• Decedent owned a house in sole name: Probate administration is usually required so title can transfer to heirs.
• All major assets are payable‑on‑death to named beneficiaries or held jointly: You may avoid formal probate; beneficiaries use beneficiary or joint‑owner procedures to claim assets.
• Estate is small and there are no creditors: A simplified process may apply (check with the probate court); full administration may be unnecessary.
• There are creditors or taxes owed: Formal probate protects the administrator and ensures proper notice to creditors and resolution of claims.

When to talk to the probate court or an attorney

Contact the local New Hampshire probate court if you are unsure whether administration is required. If the estate contains significant assets, real estate, potential disputes, or complex debts, consider getting legal advice so an administrator can be properly appointed and liabilities handled.

Disclaimer: This article explains general New Hampshire probate concepts and does not provide legal advice. Consult an attorney or the probate court for advice about a specific situation.

Helpful Hints — Practical steps to take right away

• Secure important documents: death certificate, deeds, bank statements, titles, insurance policies, account beneficiary forms.
• Inventory assets and note how each is titled (sole name, joint tenancy, POD/TOD, beneficiary named).
• Contact institutions holding assets (banks, brokerages, retirement plan administrators) to learn their procedures for survivors and documentation they require.
• Call the local New Hampshire probate court and ask whether a small‑estate procedure applies or whether you must file for administration. The court can provide local forms and filing instructions.
• If there are disputes, complex assets (business interests, out‑of‑state property), or tax concerns, consult a New Hampshire attorney experienced in probate and estates.
• Keep careful records of all communications, receipts, and distributions — courts require documentation for accounting and closure.

Useful links: New Hampshire RSA index for statute lookup: https://www.gencourt.state.nh.us/rsa/html/; New Hampshire Judicial Branch (courts and probate) home: https://www.courts.state.nh.us/.