Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When someone dies in New Hampshire, the appointed personal representative (executor or administrator) must notify creditors and handle claims under RSA Chapter 556. Follow these steps to comply with statutory requirements.
1. Secure Letters Testamentary or Letters of Administration
Before acting on behalf of the estate, you must obtain official written authority from the probate court. The court issues Letters Testamentary (if there’s a will) or Letters of Administration (if there’s none). See RSA 556:3 and RSA 556:4 for appointment procedures: https://www.gencourt.state.nh.us/rsa/html/LXXII/556/556-3.htm and https://www.gencourt.state.nh.us/rsa/html/LXXII/556/556-4.htm.
2. Identify Known Creditors
Review the decedent’s financial records—bank statements, bills, loan documents, credit‐card statements and subscriptions—to compile a list of known or reasonably ascertainable creditors.
3. Publish and Mail Notice to Creditors
Within three months after qualification, you must publish a notice in a newspaper of general circulation in the county where the estate is administered and mail written notice to each known creditor. New Hampshire law requires this under RSA 556:14.
4. Set the Claims Deadline
Creditors have six months from the date you qualify to present their claims to the estate. That deadline appears in your published notice. After six months, any claim not timely filed is generally barred. See RSA 556:14.
5. Review and Pay Valid Claims
Carefully examine each submitted claim. Verify balances, contract terms and applicable interest. Pay valid claims from estate assets in the order required by RSA 556:17. Priority generally runs funeral expenses, administrative costs, taxes, secured claims, and then general unsecured creditors.
6. Reject or Dispute Improper Claims
If a claim lacks documentation or you believe it’s invalid, you must notify the creditor in writing, stating the reasons for rejection. Do this promptly to preserve the estate’s assets. See RSA 556:15 for claim allowance and rejection procedures.
7. File Inventory and Account with the Court
After settling debts, file a detailed inventory of estate assets and a final account with the probate court under RSA 556:18. Request approval of your distributions before closing the estate.
Helpful Hints
- Keep meticulous records of all notices sent, claims received and payments made.
- Track newspaper publication dates and retain copies of the printed notice.
- Use certified mail or another trackable method for all creditor notifications.
- Consult an attorney if you encounter complex claims or disputes.
- Monitor the six-month deadline closely to avoid barred claims.