Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
Under New Hampshire law, a surviving spouse may request a family allowance to cover living expenses during estate administration. RSA 562:1 sets out the amount and duration of this allowance. A valid marriage must exist at the decedent’s death to qualify as a surviving spouse.
Proof of Marriage Requirement
Probate courts typically require a certified marriage certificate as evidence of the marital relationship. New Hampshire RSA 457:1 mandates that the town clerk record marriage certificates on file.
Incomplete or Missing Marriage Certificate
If the original certificate is missing or contains errors, the court may delay or deny a family allowance until satisfactory proof of marriage appears. The absence of a proper certificate can create delays in the distribution of the allowance.
Alternative Evidence of Marriage
When a certificate is unavailable or incomplete, New Hampshire law allows for alternative proof:
- Request a duplicate or delayed registration from the town clerk under RSA 5-C:6.
- Submit affidavits from persons present at the marriage ceremony.
- Provide secondary evidence such as marriage licenses, church or officiant records, license applications or joint tax returns.
The probate court has discretionary authority to accept the best available evidence to confirm a valid marriage under general principles of probate procedure.
Helpful Hints
- Act early: If you cannot locate the original certificate, begin the duplicate or delayed registration process promptly.
- Gather secondary documents: Compile any records that help establish the marriage date and parties.
- Consult the town clerk: They can guide you through obtaining a replacement certificate or delayed registration.
- File supporting affidavits: Witness statements can strengthen your petition for the family allowance.
- Seek legal guidance: An attorney familiar with New Hampshire probate can advise on evidentiary requirements and deadlines.