Disclaimer: I am not a lawyer. This article explains general New Hampshire probate practice and points you to official resources. It is educational only and not legal advice. For case-specific guidance, consult a New Hampshire probate attorney or your local register of probate.

Overview — what the small estate route does and does not do

The small estate process in New Hampshire is a simplified probate path for estates that meet statutory size and other eligibility limits. It lets an appointed limited personal representative (sometimes called a limited administrator) do a subset of estate tasks: give notice to creditors, collect and pay debts, and distribute assets. Selling real property usually requires either a court order or express statutory authority — a small-estate appointment alone does not automatically let you sell real estate without additional court approval.

High-level steps to get appointed and handle notices and a sale

1. Confirm small-estate eligibility

   Check the current statutory threshold and other requirements with the Register of Probate or the New Hampshire statutes. If the estate qualifies, the small estate procedure is a viable option. Contact the county register of probate where the decedent lived for local practice and forms — New Hampshire Probate Division forms and information: https://www.courts.state.nh.us/probate/. For statute texts, use the NH Revised Statutes Online: https://www.gencourt.state.nh.us/rsa/html/.

2. Gather required documents

   Typical materials: certified death certificate, copy of the will (if any), a list of known assets and their approximate values (including any real property), a list of known creditors, and contact information for heirs. Prepare a proposed inventory and a short statement explaining why the small estate route applies.

3. File the appropriate small-estate petition or application

   File the small-estate petition or affidavit with the Register of Probate in the county where the decedent resided. The court will review the filing and can appoint a limited personal representative. Use the Probate Division forms and check local filing fees and requirements: https://www.courts.state.nh.us/probate/.

4. Obtain letters or written appointment

   If the court grants the appointment, it will issue documentation (letters of appointment or an order) that confirms your authority as a limited personal representative. You will need that paper to act on behalf of the estate — for banking, publishing notices, or asking for court permission to sell real property.

5. Publish and mail notice to creditors

   After appointment, run the required notice to creditors. In New Hampshire the Register of Probate will provide requirements on publication and direct notice. Generally you must publish a notice in a local newspaper and mail notice to known creditors. Keep proof of publication and of mailed notices. The probate office will explain deadlines for creditor claims and how to handle them.

6. Resolve creditor claims and debts

   Review any claims that come in during the statutory claim period. Pay valid claims from estate funds before distribution. If a claim is disputed, seek guidance from the register of probate or a lawyer on how to proceed.

7. Get court approval to sell real property (if needed)

   Because small-estate appointments are limited, you will typically need a court order authorizing sale of real property unless statute or all interested parties expressly authorize the sale. File a petition requesting authority to sell the property, include the purchase terms or proposed sale process, and provide notice to heirs and interested parties. The court will decide whether to authorize the sale and may impose conditions (for example, sale at public auction, overbid procedure, or distribution of proceeds).

8. Close the sale and account to the court

   If the court authorizes the sale, complete the transaction using the court order and letters of appointment. After the sale, file a final accounting or closing report with the probate court and distribute remaining proceeds according to the court order or law. Obtain releases or receipts from heirs and creditors where appropriate.

Documents you will usually file or receive

• Small-estate petition/affidavit (probate forms)
• Certified death certificate
• Letters of appointment or court order appointing you as limited personal representative
• Notice to creditors (publication affidavit and mailing proof)
• Petition and proposed order authorizing sale of real property (if selling)
• Final accounting or closing paperwork

Common timeframes and fees

Timeframes vary by county and by whether creditor claims are filed. The notice-to-creditors period and the window for filing claims are set by statute and local practice; ask your county Register of Probate for precise timelines and current filing fees. Typical steps (appointment, publication, waiting period) often take several weeks to a few months. Sales requiring court orders add time for hearing scheduling.

Practical tips and helpful hints

• Talk first to the county Register of Probate: they can confirm eligible forms, filing fees, and local publication practice.
• Do not sign a real estate purchase contract on behalf of the estate until you have the court’s written authorization (or clear statutory authority).
• Keep meticulous records of notices, publications, mailed letters, receipts, bank statements, and communications with creditors and heirs.
• If all heirs agree in writing, some steps (including bond waivers) can be simpler — but get the agreement filed with the court.
• Consider a brief consultation with a probate attorney before filing — they can tell you whether the small estate route is appropriate and whether you will need an order to sell.
• Use official court forms where available. New Hampshire Probate Division forms and instructions: https://www.courts.state.nh.us/probate/.
• For statutory language and to confirm thresholds or deadlines, consult the New Hampshire Revised Statutes online: https://www.gencourt.state.nh.us/rsa/html/.

When to get an attorney

Consider hiring an attorney if: the estate includes significant real property; creditors file disputed claims; heirs disagree about sale or distribution; the estate might exceed small-estate limits; or you want help preparing the petition to sell. An attorney can draft a clear petition for court approval of a sale and advise how to protect you as the limited representative.