Do you have to publish a 3‑month notice to creditors before selling a deceased parent’s house in New Hampshire?

Short answer: Often yes — but it depends. In New Hampshire the routine “small estate” procedures that let heirs collect personal property without full probate usually do not apply to real estate. If you must open a probate estate or be appointed personal representative to sell the house, the administrator typically must give notice to creditors and allow a statutory claims period (commonly about three months). If the transfer can occur outside probate (for example, by surviving joint owner, beneficiary deed, or other deeded right), then that creditor‑notice step usually isn’t part of the sale. Always check with the probate court and a local attorney before selling.

Detailed answer — how this works in New Hampshire

1) Two separate issues: authority to sell vs. notice to creditors

Before selling a deceased person’s house you must have legal authority to convey the property. That authority can come from one of several sources:

• The decedent placed the house in joint tenancy or included a transfer‑on‑death/beneficiary deed that passes the house outside probate.
• A personal representative (executor or administrator) is appointed by the probate court and issues letters that let a title company close the sale.
• A court issues an order specifically allowing sale of the property (sometimes used when quick sale is necessary or when there is no clear personal representative).

If you already have a lawful non‑probate method (joint tenancy or valid beneficiary deed), you can usually proceed without opening a probate estate and without publishing a notice to creditors. If the house passes only through the probate estate, you normally need court appointment or authorization to sell.

2) Small‑estate procedures in New Hampshire usually cover personal property, not real property

Many states’ “small estate” affidavits allow heirs to collect small amounts of personal property without full administration. In practice, those small‑estate processes often exclude real estate or require a separate court order to transfer or sell real property. That means a small estate affidavit will not typically give you power to sell a house. Check the probate court’s small‑estate rules and forms and ask whether real property is included.

3) Notice to creditors and the typical three‑month claims period

When someone is appointed personal representative and an estate is opened, New Hampshire law establishes procedures for notifying creditors so they can present claims. Many estates follow a notice period of roughly three months during which creditors may file claims after receiving notice or after a published notice. If you are acting as a personal representative (or you need to be appointed to sell the house), the probate court clerk or applicable statute will explain the required creditor notice and the period for presenting claims.

4) Practical consequence for selling the house

• If the house must be sold through the probate estate: expect to open an estate, obtain letters, publish or mail notices to creditors, and wait for the statutory claims period (commonly about three months) before distributing sale proceeds free of unexpected claims.
• If you can transfer the house outside probate (joint owner, beneficiary deed, small‑value exceptions that explicitly include real property), you can often avoid publishing creditor notices and the three‑month wait. But verify the title and document chain before you rely on that route.

5) What to do next — step‑by‑step checklist

1. Check title and deed: is there a surviving joint owner, trust, or beneficiary deed? If so, consult the title company and probate clerk about whether probate is necessary.
2. Contact the probate court clerk where the decedent lived and ask about small estate rules and whether real property is excluded. The New Hampshire Probate Courts can explain local practice and filing requirements (see NH Probate Courts information: https://www.courts.state.nh.us/probate/).
3. If you must open an estate, prepare to file for appointment as personal representative or ask a creditor‑safe court order authorizing the sale. Follow the clerk’s instructions for creditor notice and any published notices required.
4. Work with a real‑estate title company and a probate attorney if the title company will not insure without letters or a court order. Title companies commonly require official probate paperwork to insure a buyer’s title insurance policy.
5. Before any sale, resolve tax liabilities, mortgages, liens, or other encumbrances that may affect the ability to close.

Key New Hampshire resources and law

New Hampshire probate practice and applicable statutes are available from the New Hampshire Judicial Branch and the New Hampshire Revised Statutes. Helpful starting links:

• New Hampshire Probate Courts (local rules, forms, clerk contact): https://www.courts.state.nh.us/probate/
• New Hampshire Revised Statutes (searchable RBC of RSA): https://www.gencourt.state.nh.us/rsa/html/

Ask the probate clerk which specific RSA sections the court follows for notice to creditors and small‑estate procedures. The clerk can tell you what published notice (if any) the court requires and how long potential creditors have to file claims.

Common scenarios — quick answers

• If the property is in joint tenancy with right of survivorship: the survivor generally conveys title without probate; no creditor publication tied to a probate sale is usually required.
• If the decedent named a beneficiary deed or the house is in a revocable trust: the property passes outside probate and usually avoids the three‑month creditor publication tied to estate administration.
• If the decedent owned the house solely in their name and you must sell it for the estate: you will likely need probate authority and must follow creditor notice procedures before final distribution of sale proceeds.

Helpful Hints

• Ask the probate clerk early — courts will often give precise local instructions and forms.
• Get a title search before listing the home so you know all encumbrances and who needs to be involved to clear title.
• Check for a mortgage or property tax liens — they typically must be paid at closing even if the estate is small.
• If time is urgent (e.g., pending foreclosure), request an expedited court order allowing a sale; courts can sometimes act quickly in urgent cases.
• Document communications with creditors and keep records of published notices, mailings, and filings with the probate court.
• Consult a New Hampshire probate or real‑estate attorney if the title company or buyer’s lender requires probate paperwork — it is common for lenders and title insurers to insist on formal proof of authority to sell.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general points about New Hampshire probate practice and is for educational purposes only. For advice tailored to your situation, contact a licensed New Hampshire probate or real‑estate attorney or your local probate court clerk.