Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance.
Detailed Answer
Under New Hampshire law, a personal representative must notify creditors of an estate by publication and, in certain cases, by personal service. A potential creditor or beneficiary can rely on the 2-year statute of limitations in RSA 551:11 (Actions Barred After Two Years) only if notice requirements under RSA 551:7 (Publication of Notice) and RSA 551:8 (Personal Service of Notice) were properly met and documented. The 2-year period runs from the date of first publication of the notice to creditors.
1. Review Probate Court Records
Visit the probate court where the estate was administered. Request the estate’s docket and file, often labeled “Estate of [Decedent].” Look for a filed Affidavit of Publication, which should state the name of the newspaper and the date of first publication.
2. Examine the Affidavit of Publication
The Affidavit of Publication is proof that the notice was published in a newspaper of general circulation. Ensure it includes the date when publication began. If the court copy is missing, request a certified copy from the newspaper.
3. Confirm Personal Service
Known creditors may require direct notice. The personal representative must file proof of service or signed acknowledgments under RSA 551:8. Check the court file for mail receipts, acknowledgments, or service affidavits.
4. Calculate the Two-Year Period
Using the date of first publication from the Affidavit, count exactly two years forward. After this period expires, most claims against the personal representative are barred by RSA 551:11.
5. Consult Court or Estate Professionals
If records appear incomplete or unclear, you may petition the probate court for certified documents or consult a probate clerk. Estate attorneys or certified probate researchers can also help retrieve and interpret these records.
Helpful Hints
- Keep a detailed timeline of notice dates and deadlines.
- Obtain certified copies of published notices and service affidavits.
- Check local court fees and copying policies before your courthouse visit.
- Maintain clear communication with the personal representative or their attorney.
- If notice requirements were not met, you may have grounds to file a challenge.