Detailed Answer
This section explains the steps required to negotiate and settle a creditor claim in New Hampshire probate proceedings. This content is for educational purposes only and does not constitute legal advice.
1. Identify Claim Deadlines
Under New Hampshire law, general creditors have a strict deadline to file claims against an estate. See RSA 551:9 (551:9). Creditors must submit their claim within three months after the personal representative publishes or mails notice to creditors. Secured creditors may present claims at any time.
2. Present a Formal Claim
To preserve your rights, submit a written proof of claim to the personal representative. Include:
- A detailed description of the debt.
- Supporting documentation (invoices, contracts, billing statements).
- Claimant’s contact information.
3. Gather Documentation and Review Estate Assets
Review the estate inventory and asset values reported under RSA 551:12 (551:12). Verify whether adequate funds exist to cover creditor claims before negotiating a settlement.
4. Negotiate with the Personal Representative
Communicate promptly and professionally. Propose modified payment terms or a reduced lump-sum payment. Keep records of all correspondence and offers.
5. File a Petition for Allowance or Disallowance
If negotiations stall, the personal representative may file a petition to allow or disallow the claim under RSA 556:1 (556:1). You may object under RSA 556:2 (556:2).
6. Obtain Court Approval and Settle
The probate court reviews any proposed settlement. Once approved, the estate pays the claim per the court order. Ensure that the court signs an order before accepting payment.
Helpful Hints
- Track all deadlines carefully to avoid claim rejection.
- Maintain organized records of all communications.
- Consider written demands to create clear paper trails.
- Request a hearing early if you anticipate disputes.
- Consult a probate attorney to guide you through court procedures.