How to Verify if a Probate Estate Is Opened Under New Hampshire Law

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for specific guidance.

Detailed Answer

In New Hampshire, probate matters are handled by the Probate Division of the Circuit Court in each county. To determine whether a probate estate has been opened for a decedent, follow these steps:

1. Identify the County of Last Residence
   Probate petitions are filed in the county where the decedent lived at death. If you’re unsure of the county, check death certificates or family records.
2. Contact the County Probate Register
   Each county maintains a Probate Register’s office. You can call or visit in person to ask if a filing exists under the decedent’s name. Be prepared to provide the full name and date of death.
3. Search Online Court Records
   New Hampshire’s Judicial Branch provides online access to civil and probate dockets. Visit the Probate Division page at https://www.courts.state.nh.us/registers/index.htm and use their search tools to look up the decedent’s name.
4. Review Public Records Statute
   Under RSA 551:25, probate records are public unless sealed by court order. You can review filings, petitions, and orders once you confirm a case number. RSA 551:25: Public Inspection of Probate Records.
5. Obtain Certified Copies
   If you need proof of an opened estate, request certified copies of the initial petition or the Letters Testamentary/Administration issued by the court. Fees vary by county.
6. Consult an Attorney
   If you encounter difficulty locating records or need to understand your rights as an heir or creditor, consult a probate attorney licensed in New Hampshire.

Helpful Hints

• Gather basic information first: full legal name, date of death, and last address.
• Check both county and state online portals; some counties update more frequently than the state site.
• Always note the case number once you find the file; it speeds up future searches.
• Ask the Probate Register if expedited or faxed searches are available for urgent matters.
• Keep copies of any correspondence or forms you submit, along with proof of payment for fees.