Securing a Decedent’s Home and Inventorying Belongings Before Appointment — 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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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.

How to Secure a Decedent’s House and Inventory Belongings Before You Are Appointed Administrator

This page explains practical steps you can take in New Hampshire to protect a decedent’s home and possessions while you pursue appointment as the estate’s personal representative. This is general information only and not legal advice.

Detailed Answer — immediate steps, legal context, and how to involve the court

Short answer: act quickly and calmly to secure the property, document everything you see, communicate in writing with family members, notify the probate court and police if necessary, and file for appointment so you can obtain legal authority to manage the estate. Until the probate court issues Letters of Administration (or Letters Testamentary if there is a will), you typically do not have the court-authorized power to take exclusive control of estate assets.

1) Understand the legal context in New Hampshire

In New Hampshire, the probate court handles estate administration and issues the official documents that recognize a person’s authority to manage estate assets. Contact your local Probate Division of the New Hampshire Judicial Branch to learn how to file for appointment and what temporary steps they can authorize. See the Probate Division main page: https://www.courts.state.nh.us/probate/. For general statute access, New Hampshire Revised Statutes are available at: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.

2) Secure the property physically

  • Go to the house as soon as it is safe and you are legally allowed to enter. If others are present and hostile, do not escalate — withdraw and get help from law enforcement or the court.
  • Change or rekey exterior locks if you are the lawful occupant or have the owner’s prior written permission. If you are not yet appointed, be cautious: forcibly excluding someone who has a lawful right to be there can create liability. If in doubt, consult the probate clerk or local police about a safe way to secure the property.
  • Shut off utilities if safety is a concern (gas, water, electricity) and document why you did so.
  • Ensure any vehicles, trailers, safes, or outbuildings are secured.

3) Create a comprehensive, timestamped inventory and documentation

  • Photograph and video the interior and exterior of the home, rooms, closets, cupboards, safes, and major items. Use date/time stamps on files or record video narration that states the date and location.
  • Make a written inventory of high-value items (jewelry, electronics, art, firearms, antiques, cash), noting serial numbers, model numbers, and any identifying marks.
  • Secure original documents (titles, deeds, insurance policies, wills) in a locked box, safe deposit box, or with an attorney or neutral third party. Keep digital backups off-site or in cloud storage.
  • If possible, ask a neutral witness (another family member, friend, or notary) to be present when you make the inventory and sign a short statement attesting to what they observed.

4) Communicate in writing with family and interested persons

  • Send a brief written notice (email plus certified mail if appropriate) to siblings and other heirs explaining that the estate is pending administration and requesting that no one remove items from the property until the probate court appoints a personal representative.
  • Keep copies of all communications and a log of who visited the property and when.

5) Contact the Probate Division and begin the appointment process

  • File a petition for appointment with the local probate court as soon as possible so you can obtain Letters of Administration. The court can explain required forms and timelines; court staff cannot give legal advice but can guide you on procedure. Probate Division: https://www.courts.state.nh.us/probate/.
  • Once the court appoints you and issues letters, you will have clear legal authority to collect, inventory, and protect estate assets, sell property (if authorized), and prevent unauthorized removal of items.

6) Ask the court for emergency or interim relief if necessary

If someone is removing or threatening to remove property, you can ask the probate court for emergency relief (for example, an order granting temporary control or an injunction). Explain the immediate risk and provide your inventory evidence. The probate clerk can tell you how to request emergency hearings or temporary orders. If property is being stolen, contact local law enforcement and report the activity — theft and conversion of property are criminal matters and should be reported promptly.

7) When to involve police and how to document alleged theft

  • If someone removes items without permission or after you have notified them not to, call the police and file a report. Provide your inventory, photos, and copies of your written notices to siblings or heirs.
  • Criminal investigations and civil probate remedies can proceed in parallel; the probate court can also address recovery of estate property once you are appointed.

8) Preserve value and do not dispose of potential estate items

Do not sell, give away, or destroy items that may be part of the estate unless you have authority to do so. Preserve items in their current condition and record their condition. If immediate preservation requires temporary disposal (e.g., perishable items), document the reasons and actions taken.

9) Consider short-term storage and insurance

  • If you must move valuable items for safekeeping, log what you moved, where it is stored, and who has access. Use bonded movers or a secure storage facility and get a receipt.
  • Notify the decedent’s homeowner’s insurer of the death and any change in occupancy — coverage may require prompt notice.

Bottom line: secure the home sensibly, document thoroughly, avoid unilateral redistributions, notify family in writing, and file with the probate court to obtain authority. If theft or threats occur, involve police and ask the probate court for emergency orders.

Helpful Hints

  • Keep two inventories: a quick initial inventory (photos, video, list of obvious valuables) and a detailed later inventory after you have more time or appointment.
  • Use your phone to timestamp videos and keep originals backed up to cloud storage immediately.
  • When communicating with relatives, be factual and calm; written records are your best protection in later disputes.
  • Ask the probate clerk about forms and timelines so you can move quickly to obtain Letters of Administration.
  • If costs for immediate security or storage are a concern, note those expenses carefully. If you are appointed, the estate may reimburse reasonable expenses you incur on its behalf with court approval.
  • If you find a will, do not open or alter it; file the original with the probate court promptly following the court’s instructions.
  • Get legal advice if family members dispute your actions or if situations become hostile. An attorney can help seek temporary court orders to protect assets.
  • Keep receipts for any expense (locks, movers, storage, repairs) and a log of time spent protecting the estate — those records matter to the court later.

Disclaimer: This article provides general information only and is not legal advice. Laws change and facts matter. For advice about your specific situation and for help filing with the Probate Division, consult an attorney licensed in New Hampshire or contact the Probate Division clerk at your local New Hampshire court: https://www.courts.state.nh.us/probate/.

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.