Detailed Answer
Under New Hampshire law, a personal representative must file a final accounting within 18 months after appointment. See RSA 552:4. If you need more time, you must request an extension before the deadline expires.
Step 1: Prepare a Motion for Extension
Draft a written motion titled “Motion for Extension of Time to File Final Accounting.” Include:
- The estate case caption and file number
- The date you qualified as personal representative
- The original deadline under RSA 552:4
- A clear statement of why you need more time (e.g., complex assets, ongoing litigation, delayed appraisals)
- The specific extension period you request
Step 2: File the Motion in Probate Court
Submit your motion to the clerk of the county probate court where the estate is pending. Pay any required filing fee.
Step 3: Serve Notice to Interested Parties
Serve a copy of the motion and any supporting documents on all interested persons (beneficiaries, creditors). Include a certificate of service to confirm proper delivery.
Step 4: Attend the Hearing
The court may schedule a hearing. Attend promptly and explain the reasons for your extension request.
Step 5: Obtain and Follow the Court Order
If the court grants your motion, it will issue an order with the new deadline. File your final accounting by that date to avoid potential sanctions or removal.
Note: Although no statute explicitly authorizes extensions, New Hampshire probate judges exercise discretion under their general authority.
Helpful Hints
- Start your motion at least 30 days before the deadline to allow time for service and court review.
- Attach relevant documents (appraisals, court filings) to support your request.
- Review local county probate procedures for any additional filing requirements.
- Keep proof of service and copies of all filed documents.
- If possible, obtain beneficiaries’ consent in writing before filing the motion.
Disclaimer: This article provides general information about New Hampshire probate law and does not constitute legal advice. For guidance on your specific situation, consult a qualified probate attorney.