Detailed Answer
When a person dies owning assets in New Hampshire, the personal representative (executor or administrator) must notify creditors, including medical debt collectors, to allow them to present claims against the estate. New Hampshire law governs both publication and mailing requirements under N.H. Rev. Stat. Ann. § 551:17 and establishes claim deadlines and bar dates in § 551:18.
1. Publication Notice
Within 30 days of qualifying, the personal representative must publish a notice once a week for three consecutive weeks in a newspaper of general circulation in the county where probate occurs. The notice must:
- State the decedent’s name, date of death, and the court case number.
- Require creditors to present their claims within three months after the first publication.
See N.H. Rev. Stat. Ann. § 551:17 for full text: § 551:17.
2. Mailing Notice to Known Creditors
The personal representative must also mail notice to all known or reasonably ascertainable creditors within 30 days of appointment. The mailing must include:
- The same basic information as the publication notice.
- Instructions to submit a written, signed statement of the claim, including the amount and basis.
3. Deadline and Bar of Claims
Creditors must present claims no later than three months after the date of first publication. Claims not timely filed are barred, subject to limited exceptions (e.g., fraud, mental incapacity). For details, review N.H. Rev. Stat. Ann. § 551:18: § 551:18.
4. Notifying Medical Debt Collectors
Medical providers and collectors qualify as unsecured creditors. If a hospital, doctor, or collection agency is known or should be reasonably identified from the decedent’s records, the personal representative must mail them notice as described above. Failure to mail timely or publish the notice can expose the personal representative to liability and allow medical debt collectors to file late claims if they can prove they did not receive proper notice.
Helpful Hints
- Compile a list of all possible creditors from bank statements, billing records, and email to identify known creditors.
- Use certified mail or obtain affidavits of mailing to prove notice to key creditors like medical providers.
- Keep copies of all published notices and mailing receipts in the estate file.
- Advise potential creditors to submit written claims with complete documentation before the bar date.
- Consult the probate court clerk if you’re unsure which newspaper qualifies for publication.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.