How to Get Appointed Administrator of a Sister’s Estate 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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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.

How to Ask the New Hampshire Probate Court to Appoint You Administrator When a Relative Dies Without a Will

Detailed answer: steps to seek appointment as administrator in New Hampshire

When your sister dies without a will (intestate) in New Hampshire, the probate court in the county where she lived oversees administration of her estate. Below are the practical steps you will typically follow, who has priority for appointment, the duties you will take on if appointed, and resources to help you through the process.

1. Confirm the probate venue and gather basic documents

  • File in the probate court for the county where your sister lived at her death. Find the Probate Division pages on the New Hampshire Judicial Branch website for local contact, hours, and forms: https://www.courts.state.nh.us/probate/.
  • Collect the certified death certificate and basic information about your sister’s assets (bank accounts, real property, vehicles, life insurance, retirement accounts) and debts. You will also need names, addresses, and relationships of likely heirs.

2. Understand who has legal priority to be appointed

State law gives priority to certain people to serve as the personal representative (often called an administrator when there is no will). Typically the order is:

  1. Spouse (if surviving);
  2. Children; if none, next of kin such as parents;
  3. Siblings (you would have priority if there is no surviving spouse, no children, and no surviving parent or other higher-priority relative);
  4. Any other person the court finds suitable, including a creditor or a public fiduciary if no family member is willing or able.

If multiple people at the same priority level seek appointment (for example, two siblings both petition), the court decides who to appoint. The court will consider factors such as availability, ability to administer the estate, any conflicts among heirs, and any written agreements among interested persons.

3. File a petition with the probate court

  • Use the probate court’s petition form for appointment of a personal representative or administrator. The court’s forms and filing instructions are available from the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/forms/index.htm?division=probate.
  • The petition generally asks for: decedent’s name and last address, date of death, a statement that there is no will, the petitioner’s relationship to the decedent, names and addresses of likely heirs, a description of estate assets and estimated value, and whether any interested person consents to the appointment.
  • Pay the required filing fee (varies by county) and provide any required supporting documents (certified death certificate, identification, consent forms, waivers from other heirs if available).

4. Notice and hearing

After you file, the court may require notice to interested persons (heirs and creditors). The court will either set a hearing or may act on the papers alone, depending on local practice and whether any objection is filed. If someone contests your appointment, the court will decide at a hearing who should serve.

5. Bond and Letters of Administration

  • The court often requires the administrator to post a bond (an insurance policy that protects the estate against mismanagement). The court can set the bond amount; however, if all interested heirs agree in writing, the court may waive the bond or reduce it.
  • If appointed, the court issues Letters of Administration (or other official document) that prove your authority to act for the estate. Banks and other institutions rely on that document to release funds or transfer assets.

6. Your duties as administrator

The administrator must manage the estate according to law and the court’s instructions. Typical duties include:

  • Collect and secure the decedent’s assets;
  • Identify and notify creditors and pay valid debts and taxes;
  • Inventory the estate and file inventories with the court if required;
  • File any necessary estate tax returns (federal/state) and pay taxes;
  • Distribute the remaining assets to heirs according to New Hampshire intestacy rules (the probate court or statute governs distribution if there is no will);
  • File a final accounting with the probate court and ask the court to close the estate when administration is complete.

7. Small estate or simplified procedures

New Hampshire offers certain streamlined processes when estates contain only limited assets or when specific types of nonprobate transfers exist (for example, payable-on-death accounts or certain small estate affidavits). Check with the probate court about small-estate procedures that may avoid full administration. Start by checking the probate division forms and information on the Judicial Branch site: https://www.courts.state.nh.us/probate/.

8. Timeline and cost

Time from filing to appointment can range from a few weeks to a few months, depending on the county court’s caseload and whether any disputes arise. Costs include filing fees, publication/notice costs, bond premium (if required), attorney fees (if you hire one), and accounting costs. If heirs agree and the estate is uncomplicated, costs and delays are usually lower.

9. When to get legal help

Consider consulting a probate attorney if any of the following arise: disputed heirship, significant or complex assets (business interests, out-of-state real estate, unresolved debts or tax issues), potential creditor claims, or family disputes over administration. An attorney can prepare the petition, handle notices, prepare inventories and accountings, and advise about tax returns and distributions.

For statutory texts and to review the New Hampshire laws governing probate and intestacy, use the New Hampshire Revised Statutes site (search for the Probate/Estates chapters): https://www.gencourt.state.nh.us/rsa/html/.

Quick summary: File a petition in the county probate court, provide a certified death certificate and information on heirs/assets, show that you are the proper person to serve (siblings have priority if no spouse/children/parents survive), post bond unless waived, accept the Letters of Administration, then carry out the duties of collecting assets, paying debts, and distributing the estate under court supervision.

Disclaimer: This article provides general information about New Hampshire probate procedures and is not legal advice. It does not create an attorney–client relationship. For advice specific to your situation, consult a licensed New Hampshire probate attorney or contact the local probate court.

Helpful hints

  • Contact the probate court early to confirm local filing requirements, fees, and available forms: https://www.courts.state.nh.us/probate/.
  • Obtain multiple certified copies of the death certificate — probate, banks, and other institutions will request them.
  • If other heirs are cooperative, get written consents or waivers to simplify the appointment and possibly avoid a bond.
  • Keep careful, dated records of all estate transactions and receipts. The court will expect an accurate accounting when you seek discharge.
  • Watch statutory deadlines for creditor notices and tax filings. Missing deadlines can create personal liability or complicate distributions.
  • If the estate seems small or assets pass outside probate (joint accounts, POD payees, trust property), ask the court whether a full administration is necessary.
  • Before selling real estate or transferring title, confirm the court’s rules and obtain any necessary court approval or court-signed documents.
  • When in doubt, consult a New Hampshire probate attorney for a short review — many offer limited-scope help for discrete tasks like preparing the petition.

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.