Detailed answer — how the process works in New Hampshire

This answer explains the typical steps and important legal points under New Hampshire practice. It is educational only and not legal advice.

1. Confirm how the account is owned

Before anything else, determine how the bank account is titled:

• Joint account with right of survivorship: the surviving joint owner generally becomes the owner automatically; the bank usually releases funds after seeing a death certificate and ID.
• Payable‑on‑death (POD) or transfer‑on‑death (TOD): the named beneficiary can claim funds by presenting the death certificate and ID.
• Solely in the decedent’s name: the bank will usually require probate or a small‑estate procedure before releasing funds.
• Account owned by a trust: the trustee follows the trust terms; probate may not be required.

2. Check whether New Hampshire’s small estate procedure applies

New Hampshire offers summary procedures and probate forms to simplify collection of small estates. Whether you may use that route depends on the estate’s value and the types of assets. Contact the local probate court to confirm the current small‑estate limits, required forms, and court practices. The New Hampshire Probate Courts provide forms and guidance online: New Hampshire Judicial Branch — Probate Courts. For statutory text and to confirm current limits and rules, consult the New Hampshire Revised Statutes online: New Hampshire Revised Statutes Annotated (RSA).

3. Gather required documents

Typical documents you will need:

• Certified copy of the death certificate (obtain from New Hampshire Vital Records: NH Vital Records).
• Account statements or bank records showing ownership and balance.
• Photo ID for the person claiming the funds.
• Small‑estate affidavit or other court forms (available from the Probate Court).
• Proof of your relationship to the decedent (birth certificate, will, or other documents) if required by the bank or court.

4. Prepare and sign the small‑estate affidavit (if eligible)

If the estate qualifies, the probate court or the court’s forms page will offer the correct affidavit or short‑form documents to sign under oath. The affidavit typically requires statements about the decedent’s death, the value of assets, that no formal administration is pending (or has been opened), and that the person signing is entitled to collect. Some banks accept an affidavit presented directly; others want a court‑issued document or letters of administration.

5. Present the affidavit and required documents to the bank

Take the signed affidavit, the death certificate, valid ID, and the bank account records to the bank. Expect variation in bank policy—some banks accept the affidavit and release funds quickly; others require waiting periods, additional documentation, or a probate court issuance. Ask the bank which form they accept and whether they will freeze or place holds on the account while they verify.

6. Be aware of creditor claims and notice obligations

Using a small estate affidavit does not eliminate creditors’ rights. If the estate has unpaid debts, you should follow any statutory notice or creditor‑claim procedures required in New Hampshire. If a creditor files a legitimate claim, you may need to set funds aside or open a formal probate administration to resolve claims.

7. When you must open a full probate

Do not use a small‑estate affidavit if:

• The estate exceeds the statutory small‑estate limit; or
• There are disputes among heirs, competing claims, or complex assets (real property, business interests); or
• The bank or other institutions refuse to accept the affidavit and require formal letters of administration.

In those situations, file for formal probate or consult an attorney who can represent the estate.

8. Practical timeline and next steps

Expect a few days to a few weeks to collect bank funds after you submit the affidavit and death certificate—timing depends on the bank and whether notices to creditors are required. If the bank refuses the affidavit, the probate court can issue letters of appointment or a court order that most banks accept.

Important documents and resources

• New Hampshire Probate Courts (forms and local court contact): https://www.courts.state.nh.us/nhcourts/probate/index.htm
• New Hampshire Revised Statutes (search RSA for administration of estates and small‑estate provisions): https://www.gencourt.state.nh.us/rsa/html/
• New Hampshire Vital Records (death certificates): https://www.dhhs.nh.gov/programs-services/vital-records

Disclaimer: This information is educational only and does not constitute legal advice. For advice about a specific situation, especially if the estate may exceed small‑estate limits or if there are disputes or debts, consult a New Hampshire probate attorney or contact the local probate court.

Helpful hints

• Call the bank first to ask which documents they accept for releasing funds after a death; each bank has its own procedures.
• Get several certified copies of the death certificate—banks, title companies, and government agencies often require originals or certified copies.
• If the account shows joint owners or POD beneficiaries, those designations usually determine who gets the money without probate.
• If you suspect the estate might have unpaid debts, tell the probate court or consult counsel before distributing funds.
• Keep a complete paper trail: copies of the affidavit, the bank’s acceptance, receipts showing how funds were distributed, and any communications with the bank or court.
• When in doubt, contact the local probate court clerk for procedural guidance or speak with a probate attorney if the bank refuses the affidavit.