Deciding Which Assets to List on a New Hampshire Small Estate Affidavit

Disclaimer: This is educational information only and not legal advice. I am not a lawyer. For advice about a particular situation, consult the New Hampshire probate court or a licensed attorney.

Detailed Answer — How to decide what to list

When completing a small estate affidavit in New Hampshire, your goal is to identify the assets that are part of the decedent’s probate estate and that the affidavit is intended to cover. Which assets you must list depends on three things:

• What the New Hampshire small‑estate procedure actually covers (personal property only versus real property as well),
• How each asset was titled at the decedent’s date of death (sole ownership, joint ownership, payable‑on‑death, beneficiary designation, trust), and
• The value of each asset as of the date of death.

Because statutes and court forms vary, start by confirming whether New Hampshire’s small estate procedure applies in your case and what the value limit (if any) is. Check the New Hampshire Revised Statutes and the Probate Court pages for forms and local rules: New Hampshire RSA (laws) and New Hampshire Judicial Branch. If you’re unsure what the statute requires, call the probate clerk in the county where the decedent lived.

Which assets typically must be listed

• Probate bank and brokerage accounts held solely in the decedent’s name. If the account had no payable‑on‑death (POD)/transfer‑on‑death (TOD) beneficiary and was not jointly owned, it is usually part of the probate estate and should be listed with the balance at date of death.
• Personal property owned solely by the decedent (furniture, jewelry, collectibles, household goods). These are typically probate assets and should be listed, with reasonable values or a written explanation of how you valued them.
• Proceeds or claims owed to the decedent (unpaid wages, final tax refund, accounts receivable) if they belonged to the decedent individually.
• Vehicle title in the decedent’s name only (if your county’s procedure allows transfer via affidavit). List the vehicle and the vehicle’s value or net value if there is a lien.

Which assets are usually NOT listed (nonprobate assets)

• Jointly owned property with rights of survivorship. Joint tenancy or tenancy by the entirety typically passes automatically to the surviving joint owner and is not part of probate.
• Accounts with named POD or TOD beneficiaries and retirement accounts with beneficiaries. Life insurance, IRAs, 401(k)s, and bank accounts that name a beneficiary bypass probate and generally are not listed as probate assets.
• Assets held in a revocable or irrevocable trust. Trust assets are administered under the trust, not probate (unless they were never funded).
• Property subject to a transfer-on-death deed (if recognized). Many states have TOD deeds that avoid probate; check whether NH recognizes them for real property.

Note: Some institutions will still ask to see the small estate affidavit even if an asset passes outside probate. Listing an asset on the affidavit when it is not actually part of the probate estate can create confusion—so confirm whether the asset is probate property before listing it.

How to treat values, blanks, and zeros on the form

• Only enter a value of zero if the asset had no value on the date of death. Do not write “0” to mean “not applicable.”
• If an item does not apply, write “N/A” or follow the form’s instructions. Do not leave required fields blank. Blank fields can delay processing or cause the form to be rejected.
• If you don’t know an exact value, provide a reasonable good‑faith estimate and clearly label it as an estimate (for example, “approx. $2,000 as of date of death”). Keep documentation that supports your estimate (statements, appraisals, receipts).
• For accounts, use the balance on the date of death (or the last statement close to that date). For personal property, use fair market value at the date of death.
• If a liability (a lien or loan) reduces the net value of an asset, show gross value and note the lien or show the net value based on the form’s instructions.

Common practical steps (simple checklist)

1. Obtain a certified copy of the death certificate.
2. Gather account statements, titles, deeds, beneficiary designations, trust documents, and recent appraisals.
3. Check each asset’s title: sole name, joint owners, POD/TOD, or trust beneficiary.
4. Decide whether each asset is probate property; list only those that are probate property (or that the form specifically asks you to list).
5. Record each asset’s value as of the date of death; use “N/A” when the field does not apply; use “0” only if the asset had no value.
6. Contact the institution (bank, DMV, brokerage) before filing if you are unsure whether the affidavit will be accepted for that asset.

Hypothetical example

Imagine Mary Doe died owning the following: a checking account in her sole name with $6,500, a jointly owned savings account with her son, an IRA with a named beneficiary, a car titled solely in her name worth about $3,000 (with no lien), and a jewelry box worth about $800. For a New Hampshire small estate affidavit you would typically:

• List the checking account ($6,500) and the car ($3,000) and the jewelry ($800) because those were owned solely by Mary.
• Not list the jointly owned savings account (it passes to the surviving joint owner outside probate) and not list the IRA (it passes to the named beneficiary outside probate).
• Enter actual or good‑faith estimated values for the probate assets. Do not put zero for the checking account, car, or jewelry because they had value at death. For items that do not apply, use “N/A” rather than leave blanks.

When to get help

If any of the following apply, contact the probate clerk or consider consulting an attorney: there are disputes among potential heirs; assets are hard to value (business interests, antiques); large numbers of creditors; jointly owned assets where ownership is unclear; or you are unsure whether a particular asset bypasses probate. The probate clerk can often tell you whether the small estate affidavit is appropriate and whether it will be accepted by local institutions.

Helpful Hints

• Confirm the small‑estate eligibility threshold and rules with the New Hampshire probate court before filling the affidavit.
• Use the New Hampshire RSA index for statutes and the Judicial Branch site for court forms and local contact info: NH Revised Statutes and NH Judicial Branch.
• Call the bank, DMV, or other institution to learn what they require—some accept the affidavit alone, others require additional documentation.
• Keep copies of all documents you submit, including the affidavit and certified death certificate.
• When in doubt about listing an asset, ask the probate clerk or an attorney. Incorrect or omitted reporting can cause liability or delay.
• Never intentionally misstate values or ownership; doing so can expose you to legal penalties.

Following these steps will help you decide what to list on a New Hampshire small estate affidavit and how to treat blanks and zeros. When unsure, always verify with the probate court or a licensed attorney.