Detailed Answer
Filing probate court documents and publishing creditor notices in New Hampshire involves several clear steps under RSA Chapters 547 and 551. Personal representatives (also called executors or administrators) must follow these procedures to ensure proper estate administration and to protect against late creditor claims.
- Prepare and File the Probate Petition. Draft a petition seeking Letters Testamentary (if there’s a will) or Letters of Administration (if there’s no will). Attach the decedent’s certified death certificate, the original will (if applicable), a list of beneficiaries or heirs, and an estimate of the estate’s value. File your petition with the probate court in the county where the decedent resided. RSA 547:1.
- Appointment of Personal Representative. The court reviews the petition, confirms jurisdiction, and verifies the will’s validity (if present). It then issues Letters Testamentary or Letters of Administration, officially appointing you as personal representative. RSA 547:4.
- Notify Heirs and Beneficiaries. Serve or mail notice of your appointment to all heirs, legatees, and devisees identified in the petition. This ensures interested parties know who administers the estate and how to inquire about its status.
- Publish Creditor Notice. Within 30 days of appointment, publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county where the probate court sits. The notice must state the decedent’s name, date of death, your name and address, and a deadline (at least six months from the first publication) for creditors to present claims. RSA 551:9.
- Mail Notice to Known Creditors. Identify and mail individual notices to all known or reasonably ascertainable creditors within the same 30-day period. This step helps limit your liability for unknown claims. RSA 551:10.
- File Proof of Publication and Mailing. After the third publication, obtain an affidavit of publication from the newspaper and proof of mailing to known creditors. File both with the probate court to document compliance. The court will not allow final distribution without this proof.
- Await Claim Period Expiration. Under New Hampshire law, creditors have six months from the date of the first publication to file claims against the estate. Late claims are generally barred unless the court orders otherwise. RSA 551:12.
- Review and Pay Valid Claims; Close the Estate. Evaluate submitted claims, validate or dispute them, and pay approved claims from estate assets. Once complete, file a petition for distribution and closing statement with the probate court. After court approval, distribute remaining assets to beneficiaries and obtain an order discharging you as personal representative. RSA 547:14.
Helpful Hints
- Work with the probate clerk to confirm filing fees and local court rules.
- Select a newspaper that qualifies as a “paper of general circulation” in the proper county.
- Keep a detailed calendar of publication dates and deadlines.
- Maintain organized records of all mailings, publications, and proofs filed.
- Consider consulting a probate attorney if you anticipate complex or disputed claims.
Disclaimer: This article is for informational purposes only under New Hampshire law and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.