How to transfer brokerage account assets into the estate checking account — New Hampshire FAQ

Short answer: The brokerage firm will usually require a certified death certificate plus proof that you are the personal representative (executor or administrator) before it will transfer or liquidate assets into the estate checking account. To get that proof you generally must be appointed by the New Hampshire probate court (letters testamentary or letters of administration) or use an available small‑estate procedure if the estate qualifies. Brokers also accept certain transfer‑on‑death or beneficiary designations that let assets pass outside probate. Read on for step‑by‑step guidance and practical tips.

Detailed answer — step by step

1. Confirm how the brokerage account is titled and whether a beneficiary exists

Start by pulling the account statement or calling the brokerage and asking how the account is titled. Typical possibilities:

• Individual in decedent’s name only (probate asset).
• Joint with rights of survivorship (passes automatically to the surviving joint owner).
• Transfer‑on‑death (TOD) or beneficiary designation (passes directly to named beneficiary without probate).
• Company retirement account or IRA (usually governed by beneficiary form and plan rules; special rules apply).

2. Determine whether the asset must be handled through probate

If the account is solely in the decedent’s name and there is no valid TOD/beneficiary or joint owner, the brokerage will treat it as a probate asset. If the value is low enough, New Hampshire may offer a simplified or small‑estate option; otherwise the estate will need a personal representative appointed by the probate court.

3. Get appointed as personal representative (when required)

To act for the estate you typically must file for probate in the county probate court and obtain letters testamentary (if there is a will naming you) or letters of administration (if no will or no named representative). The court issues a document that proves you have legal authority to collect assets, sign checks from the estate checking account, and arrange transfers.

4. Open an estate checking account

Open a bank account in the estate’s name (commonly titled “Estate of [Decedent Name], by [Your Name], Personal Representative”). Banks will usually ask for the death certificate and a certified copy of the personal representative’s letters before accepting deposits or issuing checks.

5. Provide the brokerage with required documents

Once you have the necessary court paperwork, call the brokerage and ask for its estate transfer packet. Commonly required items include:

• Certified copy of the death certificate (not photocopy).
• Certified copy of the letters testamentary or letters of administration.
• Brokerage account number and account statements.
• Completed brokerage transfer or liquidation forms and the brokerage’s affidavit for estates (if applicable).
• Estate checking account details (for direct deposit of proceeds) or instructions for retitling the securities in the name of the estate or personal representative.

Each firm has its own internal procedures and may take several business days to verify documents and release funds.

6. Choose whether to transfer in kind or liquidate

You can usually ask the brokerage to transfer securities in kind into a new estate brokerage account (retitled) or to liquidate holdings and deposit cash into the estate checking account. Consider tax, administrative ease, and estate liquidity needs when choosing. If the estate needs cash for funeral costs, creditor claims, or taxes, partial liquidation may be appropriate.

7. Handle creditors, taxes, and accounting

Use the estate checking account to pay authorized estate expenses, valid creditor claims, and taxes. Keep careful records—brokerage transfer confirmations, bank deposit records, and copies of every check or wire are essential. The personal representative may need to prepare an inventory or estate accounting for the probate court.

What to do if you run into common problems

• If the broker freezes the account and asks for more documentation: ask for a written list of exactly what they need and the expected timing.
• If a beneficiary claims the account via TOD or beneficiary form: obtain a copy of the beneficiary designation from the broker and, if needed, raise the issue in probate court.
• If multiple people claim authority (competing executors or administrators): do not transfer assets until the court resolves the dispute or issues clear letters to the authorized representative.
• If assets are held in an IRA or retirement plan: follow the plan’s beneficiary rules; plan assets often transfer under contract terms rather than general probate rules.

Relevant New Hampshire resources

For forms, local probate court information, and guidance on opening probate, use the New Hampshire Judicial Branch website: https://www.courts.state.nh.us. For the New Hampshire Revised Statutes (statutory framework on probate and personal representatives), see the RSA collection: https://www.gencourt.state.nh.us/rsa/html/index.html. Your county probate court can give you local filing instructions and required forms.

Helpful Hints

• Get multiple certified copies of the death certificate at the time of death. Brokers and banks often each require their own certified copy.
• Call the brokerage early and ask for their estate or probate department to learn the firm’s specific checklist. Every firm has slightly different document formatting and processing timelines.
• Keep originals of account statements and a careful log of calls, names, dates, and requested actions.
• If you expect significant capital gains or complex assets, consult a probate attorney or tax advisor before liquidating large positions.
• Don’t use a durable power of attorney after death. That authority ends at death—only the personal representative has authority for estate banking and transfers unless the account passes directly to a beneficiary.
• If the brokerage offers to transfer assets directly to a named beneficiary under a TOD/transfer form, confirm that the beneficiary designation on file is current and valid.

When to get legal help

You should consult a New Hampshire probate attorney if:

• Estate assets are large or include complex securities, partnerships, or business interests.
• There is a dispute between potential personal representatives or beneficiaries.
• The brokerage refuses to accept your paperwork or the title is unclear.
• You believe claims or taxes may be significant and you need help with the probate accounting.

Disclaimer: This article explains general New Hampshire procedures and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific estate, contact a licensed New Hampshire probate attorney or the local probate court.