Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Probating your fathers estate without a lawyer in New Hampshire can seem cost-saving, but it carries significant risks. Under New Hampshire law, probate administration is governed by RSA Chapter 556 and related provisions. As the personal representative (executor), you must follow strict procedures, meet deadlines and comply with fiduciary duties.
Key risks include:
- Procedural Errors: Filing the wrong forms or missing statutory requirements can lead to delays or dismissal. For example, you must file a petition in the Probate Court as required by RSA 551:4 (link) and follow the notice provisions under RSA 556:6 (link).
- Missed Deadlines: Creditors have a limited time to present claims. Under RSA 556:6, you must publish notice and send direct notices. Failure to comply may expose you personally if undisclosed debts surface later.
- Accounting Mistakes: You must prepare and file estate accounts detailing receipts, disbursements and distributions per RSA 556:15 (link). Inaccurate accounting can trigger court objections and require costly corrections.
- Improper Distributions: Distributing assets before all debts and taxes are resolved can lead to creditor claims against you personally. New Hampshire law requires clear priority and payment of expenses, debts and taxes before distributing inheritances.
- Personal Liability: If you breach your fiduciary duties, you may face personal liability under RSA 556:28 (link). This includes negligence, willful misconduct or failure to follow court orders.
- Tax Issues: Estate and inheritance tax returns may be required. Errors in tax filings can lead to penalties and interest that the estate and potentially you will bear.
Helpful Hints
- Review RSA Chapter 556 thoroughly to understand procedural requirements.
- Create a detailed timeline of deadlines for notices, filings and accountings.
- Keep meticulous records of all transactions and communications.
- Consider consulting an attorney for a limited review of your filings.
- Use Probate Court forms available on your countys Probate Court website to reduce errors.
- Attend a free probate workshop or informational session offered by your local Probate Court.