How New Hampshire law distributes a decedent’s estate among children when there is no will
This FAQ-style explanation describes how New Hampshire law generally handles distribution among children (and their descendants) when someone dies intestate (without a valid will). It uses simple hypothetical examples to show how shares are calculated. This is educational information only and not legal advice.
Detailed Answer
When a person dies without a will in New Hampshire, their estate passes according to state intestacy rules. Those rules determine who inherits and in what shares. The basic principle for children and descendants is representation (commonly called “per stirpes” distribution). That means living children split the estate equally; if a child predeceased the decedent but left children (grandchildren of the decedent), those grandchildren take the deceased child’s share.
Key points under New Hampshire practice:
- Equal shares among surviving children. If there is no surviving spouse and the decedent is survived by more than one child, the estate is divided equally among the surviving children.
- Representation (per stirpes) for deceased children. If a child died before the decedent but left descendants, those descendants step into the deceased child’s place and share that child’s portion, typically equally among themselves.
- Adopted children. Legally adopted children generally inherit the same as biological children under intestacy rules.
- Children born out of wedlock. These children can inherit if paternity is established under state law.
- Half-blood relatives. In most intestacy schemes, half-blood children (children who share only one parent with the decedent) inherit on the same basis as whole-blood children, unless the statute says otherwise.
- Stepchildren and foster children. They generally do not inherit under intestacy unless legally adopted or otherwise included by statute.
- Effect of a surviving spouse. If a surviving spouse exists, the spouse’s statutory share may reduce or eliminate what children receive, or the estate may be split between spouse and children. The presence of a spouse changes how children’s shares are calculated. See the New Hampshire probate resources below for statutory details.
Practical Examples (hypothetical)
Example 1 — Two surviving children, no spouse:
If the decedent leaves two living children and no spouse, each child receives 50% of the intestate estate.
Example 2 — One child predeceased, left two grandchildren, no spouse:
If the decedent had two children, but one child died before the decedent and left two children (the decedent’s grandchildren), the surviving child receives 50% and the two grandchildren together share the other 50% (usually 25% each) as representatives of their deceased parent.
Example 3 — Three children, one predeceased leaving one child, surviving spouse present:
The spouse’s statutory share will be determined first under New Hampshire law, and the remainder will be divided among the decedent’s children (with the deceased child’s child inheriting that deceased child’s share). Because a spouse is involved, it’s important to consult the statutes or an attorney to calculate exact shares.
Appointment of an Administrator
When someone dies intestate, the probate court appoints an administrator (sometimes called an administrator or personal representative). Priority for appointment usually favors the surviving spouse, then adult children, then other next of kin. Multiple children can agree to serve jointly or nominate one to act. Disputes over appointment or administration may require court resolution.
For official guidance from the New Hampshire courts and for the precise statutory language, consult the Probate Court pages and the New Hampshire Revised Statutes. The New Hampshire Probate Court provides practical information about probate and administration: https://www.courts.state.nh.us/probate/. The New Hampshire Revised Statutes (RSA) are available from the New Hampshire General Court: https://www.gencourt.state.nh.us/rsa/html/.
Helpful Hints
- Identify heirs early: Make a list of surviving spouse, children, and any descendants of deceased children. That list guides both administration and distribution.
- Collect documents: Birth certificates, adoption records, paternity records, marriage certificates, and death certificates help prove relationships to the probate court.
- Talk to the probate court clerk: Local probate clerks can explain filing steps for opening an intestate estate and appointing an administrator. See the New Hampshire Probate Court site: https://www.courts.state.nh.us/probate/.
- Consider hiring an attorney for contests: If heirs disagree about shares, paternity, adoption status, or the appropriate administrator, consult an attorney experienced in New Hampshire probate and intestacy.
- Guardians for minor heirs: If a minor child inherits, the estate or that child’s share may need a guardian or conservator; the court oversees safeguards for minors’ interests.
- Understand timelines: Probate procedures and deadlines vary. Acting promptly reduces the chance of disputes and delays.
- Keep records: Maintain careful accounting and records during administration. Beneficiaries may request accountings and the court will review them if disputes arise.