How to Verify and Probate an Old Will Discovered Decades After Execution in New Hampshire

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a New Hampshire attorney for guidance on your specific situation.

Detailed Answer

1. Confirm the Will’s Authenticity

When you uncover a decades-old will, start by verifying its genuineness:

  • Check for an attestation clause signed by the testator and two witnesses.
  • Locate witness affidavits or deposition transcripts confirming the testator’s capacity and intent.
  • Compare signatures on known documents to rule out forgery.

2. Determine Filing Deadlines Under New Hampshire Law

New Hampshire sets deadlines for offering a will to probate but allows late filings for good cause:

  • Under RSA 551:1, probate courts oversee will admissions.
  • RSA 551:2 generally requires a will to be offered within three years of the testator’s death.
  • If you’ve missed the statutory window, petition the Superior Court for late probate, showing excusable delay and substantial evidence of authenticity.

3. File a Petition for Probate

To open a probate proceeding:

  • Submit a formal petition to the probate division of the Superior Court in the county where the decedent lived (RSA 551:11).
  • Attach the original will, certified death certificate, and any supporting affidavits.
  • Pay the required filing fee or request a waiver if you qualify for indigent status.

4. Notify Interested Parties

After filing, the court will:

  • Issue notice to heirs, beneficiaries, and creditors.
  • Set deadlines for will contests (typically four months after notice).
  • Schedule a hearing if any party questions validity.

5. Obtain Admission and Executor Appointment

Once the court admits the will to probate:

  • The nominated executor (or an alternate) receives letters testamentary.
  • The executor inventories assets, pays debts, and distributes property per the will.
  • File final accounting when administration concludes.

Helpful Hints

  • Locate all original drafts, codicils, and related correspondence.
  • Interview or secure affidavits from surviving witnesses.
  • Gather supporting records: bank statements, asset deeds, and beneficiary contact info.
  • Consider mediation if heirs dispute the will’s terms to avoid protracted litigation.
  • Track deadlines carefully and request court extensions early if needed.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.