Detailed Answer
When someone dies without a valid will in New Hampshire, their estate passes by intestate succession under RSA Chapter 560. The process has three main phases: identification and inventory of assets, probate administration, and distribution to heirs. Below is a step-by-step overview.
1. Appointment of Personal Representative
A close family member or creditor petitions the Probate Division of the Superior Court for appointment as personal representative (PR). Upon appointment, the PR gains legal authority to gather and manage estate assets (see RSA 551:1).
2. Identifying and Inventorying Estate Assets
The PR must locate all real and personal property owned by the decedent as of the date of death. This includes:
- Real property (land, homes) showing title at the county registry of deeds.
- Bank accounts, investment accounts, retirement plans.
- Personal assets (vehicles, jewelry, household goods).
- Intangible assets (insurance proceeds, digital assets).
Within two months of appointment, the PR files a formal inventory listing each asset and its fair market value under RSA 553:2. The inventory must be verified and submitted to the Probate Court. Appraisals or professional valuations can support accurate values.
3. Paying Debts and Expenses
Before distributing assets, the PR uses estate funds to pay reasonable funeral costs, administration expenses, and creditor claims that are timely filed under RSA 547 or RSA 548. Priority rules apply, ensuring secured claims and administrative expenses are settled first.
4. Distribution of Remaining Assets
Once debts and expenses are paid, the PR distributes the residue according to RSA 560:1 et seq. Key rules include:
- Surviving Spouse and Children: The spouse receives the first $100,000 plus one-half of the remaining estate. The decedent’s children share the other half equally (RSA 560:1).
- No Surviving Spouse: All assets go to children equally.
- No Spouse or Children: Estate passes to parents; if none, to siblings; then more remote relatives under RSA 560:5–9.
Real property is distributed in kind or sold with proceeds divided among heirs. The PR coordinates any partition or sale process.
Disclaimer: This article explains New Hampshire intestacy procedures but does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Engage a probate attorney to guide you through deadlines and filings.
- Obtain professional appraisals for high-value real estate and collectibles.
- Keep detailed records of all expenses and communications with creditors.
- Notify all potential heirs early to prevent disputes.
- Use the Probate Court’s website for forms and local requirements.