Detailed Answer — How to challenge a final accounting in New Hampshire

This answer explains, in plain language, how to respond if a sibling filed a final accounting in your parent’s New Hampshire probate case and you never received notice. This is educational information—not legal advice. Consult a New Hampshire probate attorney to protect your rights.

Step 1 — Confirm the case status and get the file

Go to the probate court that handled your parent’s estate and request the court file and docket sheet. The probate clerk can tell you whether a final accounting was filed, whether the court approved it, and whether there is any proof of service (a filing that shows who was given notice and when). If the clerk has an electronic docket, you can often get copies for a small fee.

Step 2 — Determine whether you are an “interested person”

In probate law, an “interested person” usually includes heirs, beneficiaries named in the will (or heirs under intestacy if there was no will), creditors with claims, and sometimes others with a financial stake. If you are an heir or named beneficiary, you almost always have standing to challenge a final accounting. If the court record lists you as an heir or beneficiary and you have not been given notice, that strengthens a challenge.

Step 3 — Check for required notice and proof of service

Probate practice requires that interested persons receive notice of important steps, including hearings and the filing of a final account in many cases. If the record shows no proof that you were served or mailed notice, you can argue the court lacked jurisdiction to approve the accounting as to you. Keep the court copies that show the missing notice.

Step 4 — Act quickly — deadlines and urgency

Time matters. Courts often treat approvals of final accounts as final if nobody objects within a specific time after notice. Even if you were never notified, there can still be limitations on how long you have to attack distributions already made. Contact the probate clerk or an attorney right away to learn whether any deadlines apply to your situation and to preserve evidence.

Step 5 — How to challenge the accounting (typical motions and filings)

• File a motion/request to reopen or set aside the order: Ask the court to reopen the estate, set aside approval of the final accounting, or vacate any order that approved distributions. Typical grounds: lack of notice to an interested person, mistake, fraud, or newly discovered evidence.
• File exceptions or objections to the accounting: Some courts allow formal “exceptions” to an accounting. You explain what items in the accounting are incorrect or why the accounting process was unfair because you got no notice.
• Seek injunctive relief or temporary orders: If assets are at risk of being dissipated or transferred out of reach, ask the court for a temporary restraining order or to freeze distributions while the court considers your challenge.
• Ask for an accounting and discovery: Even if the court approved a final accounting, you can ask for a full accounting, request supporting documents, and subpoena records about distribution and receipts.
• Pursue surcharge or restitution claims: If the personal representative (or the sibling) mishandled funds, you can ask the court to surcharge (hold them financially responsible) or to recover distributed assets from unjust enrichment.

Step 6 — What the court will consider

The probate judge will look at who received notice, whether the notice satisfied New Hampshire probate rules and statutes, whether there was fraud or mistake, whether distributions were proper, and whether reopening the estate would prejudice other parties. If the judge finds you did not receive required notice, the judge often will reopen the matter so you may be heard.

Step 7 — Evidence to gather

• Proof you are an heir or beneficiary (copy of the will, your birth certificate, family records).
• Any mail, email, or other communication showing you were not contacted.
• Bank statements or documents showing distributions and transfers.
• Affidavits from witnesses who can confirm you were not notified.
• Copies of what the court docket shows and any filed proof of service.

Step 8 — If assets already left the estate

If distributions already occurred, you may still have remedies. The court can require repayment if the distribution was improper, if the representative breached fiduciary duties, or if there was fraud. Remedies include surcharge, constructive trusts, or claims for unjust enrichment against recipients who should have known of problems.

Where to look in New Hampshire law and court resources

New Hampshire’s statutes and the probate division webpages explain probate procedure and the roles of personal representatives and interested persons. For statutory text and to search specific provisions, use the New Hampshire Revised Statutes Annotated site: https://www.gencourt.state.nh.us/rsa/html/. For court-specific forms, filing rules, and contact information for local probate courts, visit the New Hampshire Judicial Branch site: https://www.courts.state.nh.us.

When to hire an attorney

Hire an attorney if the estate is large, if substantial assets already moved out of the estate, if you suspect fraud, or if you need quick emergency relief (for example, to stop asset transfers). An attorney can draft and file the correct petitions, handle expedited hearings, request discovery, and represent you at contested hearings.

Helpful Hints

• Act quickly. Probate approvals can become hard to undo over time.
• Ask the probate clerk for a full copy of the case file and all proofs of service.
• Document communications and any steps you took to learn about the estate.
• Keep records of any distributions you learn about (bank records, transfers).
• If you can’t afford a lawyer, ask the court about fee waivers or contact legal aid organizations in New Hampshire for possible help.
• Consider mediation if the family wants to avoid a long court fight—many probate disputes settle when parties negotiate transparently.
• Don’t delay in seeking temporary relief if you fear assets will disappear.

Disclaimer: This article is informational only and not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed New Hampshire attorney.