Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When someone dies in New Hampshire without a valid will, the estate is intestate. The probate court appoints an administrator to manage and distribute assets under New Hampshire’s intestacy laws (see RSA 556:8).
Here’s how a potential heir can become the court-appointed administrator:
- Determine Priority of Appointment
New Hampshire law lists a priority order for appointment. The court first looks for a surviving spouse, then adult children, then other next of kin. A potential heir who ranks highest among volunteers can petition the court (RSA 556:8). - File a Petition with Probate Court
The heir submits a petition for letters of administration in the county where the decedent lived. The filing typically includes: - Certified death certificate
- Affidavit of heirship or family tree
- List of known assets and creditors
- Consent forms from other heirs if available
- Publish Notice to Creditors
After filing, the petitioner must publish a notice in a local newspaper to alert creditors and unknown heirs (RSA 556:16). This step prevents future claims without proper notice. - Post a Bond
The court usually requires an administrator’s bond to secure faithful performance. The bond amount depends on estate value and creditor risk (RSA 556:10). - Receive Letters of Administration
Once the court approves the petition and bond, it issues Letters of Administration. These letters authorize the administrator to collect assets, pay debts, and distribute property according to RSA 551:1 (intestacy distribution rules).
Helpful Hints
- Gather family records early to confirm heirship.
- Check local court websites for probate forms and fees.
- Speak with other heirs to coordinate consent and avoid disputes.
- Keep a detailed inventory of estate assets and liabilities.
- Consult a probate attorney for complex estates or creditor claims.