Detailed Answer
Under New Hampshire law, only certain people qualify to open an estate and serve as personal representative. If there’s a valid will, the court gives priority to the person named as executor. See RSA 547:1. If the decedent died without a will, the court follows the order of priority in RSA 551:4.
In-laws—including a mother-in-law—do not appear among the first tiers (spouse, children, parents, siblings, etc.). However, RSA 551:4 VI allows the court to appoint “any other person deemed suitable” if no higher-priority person is available or willing. That means you may qualify to serve if:
- No one in the statutory priority list is available or willing to serve.
- The court finds you suitable and you consent to serve.
How to Open an Estate
To open an estate, you must file a petition with the Probate Court in the county where the decedent resided. Under RSA 547:2, your petition package generally must include:
- A certified copy of the death certificate
- The original will (if one exists)
- The completed probate petition form
- Your oath and any required bond (unless waived by the court or will)
- The applicable filing fee
The court will verify there are no higher‐priority claimants, may schedule a hearing, and then issue Letters of Administration naming you as personal representative if approved.
Key Duties Once Appointed
- Post bond unless the court waives this requirement or the will dispenses with it.
- Publish a notice to creditors under RSA 547:12.
- Prepare and file an inventory of assets under RSA 547:11.
- Distribute assets according to the will or intestacy rules.
- File a final account and petition for discharge when administration is complete.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in New Hampshire for guidance on your specific situation.
Helpful Hints
- Contact your county Probate Court to confirm local forms, fees, and deadlines.
- Gather detailed information on all estate assets before filing.
- Review whether the will waives bond to reduce costs.
- Consider notifying potential heirs and interested parties early to avoid surprises.
- If multiple relatives contest your appointment, consult a probate attorney.