Detailed answer — How transfer works when a parent dies without a will in New Hampshire

If a parent dies without a will (dies intestate) in New Hampshire, the parent’s real property does not automatically pass to children. New Hampshire law determines who the legal heirs are and how property is distributed. To put the house into you and your siblings’ names, you generally must open an estate in the probate court where the decedent lived, have a personal representative (called an administrator) appointed, and then transfer title according to the court-approved distribution.

Who inherits when there is no will?

Intestate succession rules in New Hampshire set the order of heirs (spouse, children, parents, siblings, etc.). These rules determine whether a surviving spouse receives all or part of the estate and how much children inherit. For the official statutes and details about intestate succession, see the New Hampshire statutes and probate resources:

• New Hampshire Revised Statutes Annotated (RSA) — main index
• New Hampshire Judicial Branch — courts & probate information

Typical steps to transfer the house into heirs’ names

1. Confirm how the property is titled. Check the deed at the county Registry of Deeds. If the deed is joint tenancy with right of survivorship, the surviving joint owner automatically owns the property and probate may not be needed. If the deed names a beneficiary (transfer-on-death/TO-D deed) or a life estate, that controls transfer. If the deed is solely in the decedent’s name, proceed with probate.
2. Locate and obtain multiple certified copies of the death certificate. You will need certified copies for the probate filing, title work, mortgage company, and other institutions.
3. Open an estate in the local probate court. File a petition to open administration (request appointment of an administrator). The probate court is the authority that oversees distributing assets of someone who dies without a will. The court issues letters of administration to the appointed administrator.
4. Administrator inventories the estate and handles debts. The administrator identifies assets and creditors, pays valid debts and taxes from estate funds or by selling assets if necessary, and preserves property. The administrator must follow court rules and deadlines for inventories and notices.
5. Obtain court approval to distribute the house. After debts are handled, the administrator petitions the court for distribution to the heirs according to intestacy law. The court may order a deed transferring title to the heirs or permit the administrator to execute deed(s) conveying the property.
6. Record the new deed(s) at the county Registry of Deeds. After transfer you must record the deed(s) in the county where the property is located so title is updated. The registry can explain recording fees and requirements.

Are there ways to avoid full probate?

Possibly. You should check for:

• Joint tenancy with right of survivorship (automatic survivorship).
• Recorded beneficiary deeds or transfer-on-death deeds (not all states allow these; check the deed and state law).
• Small estate procedures — some states allow simplified procedures when the estate value is small, but many simplified rules apply to personal property and may not cover real estate transfers. Check with the probate court whether a simplified process is available in New Hampshire.

Practical points and timeline

Probate timelines vary. A straightforward administration where heirs agree and there are few debts can take several months. Complex estates with disputes, creditors, or tax issues can take longer. Expect filing fees, possible bond requirements for the administrator, and costs for an attorney, executor services, and title work.

When you might need a lawyer

Consider hiring a New Hampshire probate attorney if there are any of the following:

• Disputes between heirs about distribution.
• Significant mortgage, tax liabilities, or creditor claims.
• Complex title issues (e.g., unknown heirs, adverse claims, unclear deed language).
• Real property that must be sold to pay debts or divided among heirs.

Where to start right now

1. Obtain several certified copies of the death certificate.
2. Get a copy of the deed from the county Registry of Deeds to confirm how title is held.
3. Contact the probate court in the county where your parent lived. The court staff can explain local filing requirements and forms. See the New Hampshire Judicial Branch for contacts and forms: https://www.courts.state.nh.us/
4. If you prefer legal help, consult a probate attorney licensed in New Hampshire to review your facts and next steps.

Helpful official resources

• New Hampshire Judicial Branch — Probate and estate administration information: https://www.courts.state.nh.us/
• New Hampshire Revised Statutes Annotated (RSA) — searchable statutory code: https://www.gencourt.state.nh.us/rsa/html/

Helpful Hints

• Get multiple certified death certificates at once — you’ll need them repeatedly.
• Make a short list of potential heirs and their contact info before you file for administration; the court will need proper notice to heirs.
• Check the deed and any mortgage statements before filing. A mortgage remains attached to the property until paid or refinanced; the lender must be notified.
• Do a title search early. Unrecorded claims or liens can delay transfers.
• Ask the probate court for local forms and fee schedules — they vary by county.
• If siblings disagree, try mediation before litigation; it often saves time and money.
• Retain an attorney familiar with New Hampshire probate if the estate is valuable, contested, or has tax or creditor issues.

Again, this article explains general procedures under New Hampshire law but does not replace professional legal advice. For help with your specific case, contact the probate court where your parent lived or a licensed New Hampshire attorney.