Getting Court Permission to Sell Estate Property in New Hampshire

Short answer: If you are the personal representative (executor or administrator) and the estate needs to sell real property, you will usually need the probate court’s authorization in the form of a court order or letters that expressly give you the authority to sell. If the clerk’s office will not explain filing requirements, you can still move forward by using the court’s public forms and instructions, filing a written petition requesting authority to sell, giving required notice to interested persons, and asking the judge to sign an order approving the sale. Below you will find step‑by‑step guidance tailored to New Hampshire procedures and links to official resources.

Disclaimer

This is educational information only and not legal advice. For legal advice about your specific case, consult a licensed attorney in New Hampshire.

1. Confirm your role and what authority you already have

• Are you appointed? Check whether the Probate Court has issued Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). Those letters often state what powers the personal representative has.
• If you do not yet have letters, you must open the estate administration (probate) before the court will grant authority to take actions on behalf of the estate.
• Read the will carefully. Some wills give the personal representative explicit power to sell real estate without further court approval. If the will grants that power, you may still need to show your letters to a title company or buyer, but full court permission may not be required.

2. Use New Hampshire court resources if the clerk won’t explain

If staff won’t explain the steps, use official online resources:

• New Hampshire Probate Division main page: https://www.courts.state.nh.us/probate/
• Probate forms and filing information (check county registry pages on the Judicial Branch site): https://www.courts.state.nh.us/forms/index.htm
• New Hampshire Revised Statutes (general statutes search): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html

3. Typical documents to file to get authority to sell

Although county practices differ, probate courts commonly require a written petition (sometimes called a Petition for Authority to Sell Real Estate, Petition for Sale, or Motion to Sell), plus supporting papers. A complete filing packet generally includes:

1. A petition or motion stating:
   • Your name and role (personal representative).
   • Description and address of the property to sell.
   • Why the sale is necessary or in the estate’s best interest (e.g., to pay debts, preserve value, divide proceeds among beneficiaries).
   • Proposed terms (listing price or sale process) and any buyer relationship (e.g., arms‑length sale or related party).
2. A proposed order for the judge to sign that authorizes the sale and sets any conditions (appraisal, sale accounts, distribution of sale proceeds).
3. Evidence of notice to interested persons (heirs, beneficiaries, known creditors) or a certificate that you gave the required notice.
4. Appraisal or broker’s listing information if available; sometimes the court wants evidence of fair market value.
5. Payment of the filing fee required by the county probate registry (fee schedules are on the court site).

4. Notice and the possibility of a hearing

New Hampshire probate practice typically requires notice to interested persons so they can object. If beneficiaries all consent in writing, many courts will grant approval without an in‑person hearing. If someone objects or if the court wants details, the judge will set a hearing and decide whether to approve the sale.

5. If the clerk’s office refuses to explain filing content or procedure

1. Use the court’s website rules and forms; follow form filing checklists where available.
2. Ask in writing (email or written letter) for filing instructions and keep a copy—this creates a record of your request if questions arise later.
3. Request to speak with the Probate Registrar or the supervising probate judge’s chambers if you cannot get information from the clerk.
4. Contact the county Probate Division by phone and ask where form templates for a petition to sell are posted.
5. If time is urgent (risk of loss or creditors pressing), you can file a petition and supporting documents—you do not have to wait for clerk guidance. The court will accept filings even if your packet is imperfect; the judge can schedule a hearing or request additional information.

6. Practical steps to prepare a strong petition

• Identify all interested persons: heirs, beneficiaries, devisees, mortgage holders, and known creditors. Provide their addresses for notice.
• Obtain a current market appraisal or broker comparative market analysis and include it with your petition if possible.
• Disclose any proposed buyer relationships (if a family member will buy the property, the court will scrutinize terms).
• Show how sale proceeds will be handled: pay estate debts, satisfy mortgages, pay expenses, and distribute remaining funds according to the will or law.
• Include a proposed order the judge can sign; judges appreciate clear, narrowly written orders authorizing exactly what you seek.

7. What if the will already authorizes sales or if you are trustee

If the will or trust instrument specifically gives the personal representative or trustee power to sell real property, you may not need a separate court order in some circumstances. However, buyers and title companies will want to see your letters or trustee certificate. If any interested person objects or title issues arise, you may still need a court order.

8. When to get legal help

Consider consulting a New Hampshire probate attorney if any of the following apply:

• Beneficiaries or heirs dispute the sale or terms.
• The property has title problems, substantial encumbrances, or environmental issues.
• You need to sell quickly to prevent loss (e.g., tax liens, urgent creditor issues).
• You are unsure whether your letters already grant sale authority.

For help finding a lawyer, see the New Hampshire Bar Association’s public resources: https://www.nhbar.org

9. Typical timeline and costs (estimate)

• Filing petition and paying fee: same day to a few days.
• Notice period: often 10–30 days depending on county rules and whether mail notice is required.
• Hearing (if required): scheduled within weeks to a few months, depending on court calendar.
• Costs: filing fees vary by county; attorney fees and appraisal costs if used.

Helpful hints

• Gather the will, death certificate, deeds, mortgage statements, and any probate letters before you file.
• Use official court forms where available. Even if forms don’t exactly match your request, they show you understand procedure.
• Provide clear, short factual statements in your petition. Judges appreciate concise petitions that state the relief requested and why it’s in the estate’s best interest.
• If all beneficiaries sign a written consent to the sale, attach the consents to your petition—consent can speed approval.
• Keep meticulous records and copies of everything you file and serve.
• If a clerk refuses to help, ask for the Probate Registrar or the court’s website instructions; filing is a public process and the court must accept properly addressed petitions.
• Consider hiring a probate attorney for a one‑hour consult to review your petition before filing to avoid costly delays.

Useful official links:

• New Hampshire Probate Division: https://www.courts.state.nh.us/probate/
• Forms index (probate and other court forms): https://www.courts.state.nh.us/forms/index.htm
• New Hampshire Revised Statutes (general access to state law): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
• New Hampshire Bar Association (lawyer referral and resources): https://www.nhbar.org

Following these steps will let you move forward even if a clerk’s office refuses to give procedural advice: use the court’s public forms, file a petition describing the sale and the reasons, give required notice to interested persons, and ask the judge to sign an order authorizing the sale. If issues or disputes arise, get local legal counsel to protect the estate and the personal representative from later claims.