Detailed answer — How New Hampshire law treats probate when a person dies in one state but lived in another

Short answer: Under New Hampshire practice, you normally open the main (domiciliary) probate where the decedent was domiciled at death. You only need to use New Hampshire probate courts if the decedent was domiciled in New Hampshire at death or owned property located in New Hampshire that requires local administration. If the decedent was domiciled in another state, that state’s probate court typically handles the primary estate administration, and New Hampshire becomes relevant only if New Hampshire real or certain tangible property must be transferred here.

Why domicile matters: Probate law focuses first on the decedent’s domicile (their legal home) at the time of death. The probate court in the decedent’s domicile has primary authority to admit wills, appoint a personal representative (executor/administrator), and supervise administration of the estate’s personal property and distribution under local law. If the decedent owned real estate in a state other than their domicile, that state typically requires an ancillary probate or local procedure to transfer title to the property.

Applying that framework to your situation: if your parent died in Virginia but was actually living and domiciled in North Carolina at the time of death, North Carolina is likely the proper place for primary probate administration (domiciliary probate). Virginia may become involved if the death occurred there and there are assets there. New Hampshire would only be involved if your parent owned New Hampshire real property (real estate) or other property located in New Hampshire that cannot be transferred by the domiciliary court’s actions alone.

What New Hampshire courts typically require:

• If there is New Hampshire real property, an executor appointed by the domiciliary court (North Carolina, in your example) will usually need to obtain ancillary letters testamentary or ancillary letters of administration from the New Hampshire Probate Court to deal with that real property.
• If all property is out-of-state and nothing is located in New Hampshire, you generally do not open a New Hampshire probate case.
• If the estate is small and only consists of certain tangibles or bank accounts in New Hampshire, some institutions may accept a foreign fiduciary’s out-of-state letters or a small‑estate affidavit. Requirements vary by institution and asset type.

Practical steps to decide where to open probate

1. Confirm domicile at death. Domicile is the decedent’s permanent home—where they intended to remain or return. Look for voting records, driver’s license, tax filings, mailing address, residence, and where the decedent received medical care. The domiciliary state usually has primary jurisdiction.
2. Locate the will and key documents. The will may name an executor and sometimes indicates the intended home state. If a will exists, it will often be filed with the probate court in the domicile.
3. Inventory assets by location. Make a list of real property, bank accounts, investment accounts, vehicles, and personal property, noting the state in which each item is located. Real property (land and houses) commonly controls the need for local probate.
4. Contact the probate court in the domiciliary state first. If domicile is North Carolina, contact the county probate or surrogate court there to begin domiciliary administration. If domicile is ambiguous, you may need legal advice to establish it.
5. If you identify New Hampshire real estate or significant assets here, plan to open ancillary probate in New Hampshire. The ancillary fiduciary will present domiciliary letters (or meet local requirements) to obtain authority in New Hampshire.

Where to find New Hampshire probate information

For general procedures, forms, and local rules, consult the New Hampshire Probate Court pages maintained by the New Hampshire Judicial Branch: https://www.courts.state.nh.us/probate/. The court site describes filing requirements, contact information for county probate courts, and maps of jurisdiction.

When New Hampshire probate is required (common scenarios)

• You must open New Hampshire ancillary probate if the decedent owned New Hampshire real estate that needs to be sold or conveyed.
• If a bank or title company holding New Hampshire property requires New Hampshire letters or a local order, you will need to obtain them.
• If all assets and the domicile are outside New Hampshire, and no local property exists, you generally do not open a New Hampshire probate estate.

Sample hypothetical

Hypothetical: A parent lived and voted in North Carolina, paid NC income taxes, and received mail there; they died while visiting Virginia. They owned a house in North Carolina and a car in Virginia but owned no New Hampshire property. Under this fact pattern, open probate in North Carolina (their domicile). Virginia may have steps for transferring the car title, but New Hampshire is not involved.

When to get legal help

Consider speaking with an estate attorney if domicile is unclear, multiple states hold property, or if the estate is complex. An attorney can: help confirm domicile, coordinate domiciliary and ancillary administrations, and prepare documents to transfer out-of-state assets. If New Hampshire property exists, consult a New Hampshire-licensed probate attorney for the ancillary step.

Disclaimer: This article provides general information about New Hampshire probate practices and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your facts, consult a licensed attorney in the relevant states.

Helpful hints — quick practical checklist

• Start by confirming domicile. The domiciliary state handles primary probate.
• Identify all assets and note the state where each item sits (real estate is most likely to trigger local probate).
• If you find New Hampshire real estate, expect to open an ancillary probate or get local recognition of out-of-state letters in New Hampshire.
• Gather the death certificate, original will (if any), deeds, account statements, titles, and beneficiary designations before you file anywhere.
• Contact the probate court in the presumed domicile first for instructions and local forms.
• Ask banks and title companies whether they will accept out-of-state letters or require New Hampshire letters or court orders.
• If estate assets are small, ask whether New Hampshire institutions will accept an out-of-state small‑estate affidavit or similar simplified procedure.
• When multiple states are involved, consider an attorney who coordinates multi-state administration to avoid duplicate filings and unnecessary costs.
• Keep clear records and copies of all filings and court letters from every state involved.