Detailed Answer
Locating the original will and any codicils is the first essential step before opening probate in New Hampshire. Without these documents, the court cannot admit a will or appoint an executor. Follow these actions to find and verify testamentary papers:
1. Search Attorney Files
Contact the decedent’s last known attorney or law firm. Under RSA 551:3, attorneys who hold an original will must file or deliver it to the probate court clerk after the client’s death.
2. Check Safe Deposit Boxes
Safe deposit boxes often contain estate planning documents. Obtain permission or a court order to open the box if you don’t have the key. Review bank records for box ownership and access.
3. Review Personal Records
Examine the decedent’s home office, filing cabinets, and digital storage. Look for envelope labels, references in calendars, email folders, or password-protected “vault” services.
4. Consult Family Members
Close relatives or appointed executors may know where the will or codicils are stored. Sometimes codicils are kept separately or handed to trusted family members for safekeeping.
5. Contact the Probate Court
Call or visit the probate court clerk in the county where the decedent resided. The clerk can check if an original will was deposited under RSA 551:4 and provide instructions for retrieval.
6. Verify Document Authenticity
Once located, confirm the will and any codicils meet New Hampshire’s validity requirements:
- The testator’s original signature and date.
- Signatures of two attesting witnesses present at the same time.
- Notarial acknowledgments, if applicable.
- Consistency with any certified copy filed in court or held in safe custody.
Helpful Hints
- Maintain a detailed log of all search activities and communications.
- If a custodian refuses to surrender the will, seek a court order compelling delivery.
- Send written requests for wills or codicils via certified mail to establish proof of notice.
- Scan or photograph documents before turning in originals to the court.
- Confirm probate filing deadlines and fee schedules with the local clerk’s office.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified New Hampshire probate attorney for guidance on your specific situation.