Detailed answer — how appointment works under New Hampshire law

This section explains in plain language how someone becomes a personal representative (sometimes called an executor or administrator) of a deceased person’s estate in New Hampshire, using a simple hypothetical to illustrate.

Hypothetical facts

Suppose your sister died in New Hampshire. She left no will (intestate). You are an adult sibling and want to serve as the personal representative to collect assets, pay debts, and distribute property.

Step 1 — Is there a will that names a personal representative?

If your sister left a valid will, the person she named as personal representative (executor) has the primary right to serve. If that person is unwilling or unable to act, the probate court will appoint someone else, often following the priority rules in state law. If you are named in the will, you normally petition the probate court to be appointed and provide any required documents (the original will, death certificate, etc.).

Step 2 — If there is no will (intestate), who has priority?

When there is no valid will, New Hampshire probate courts appoint a personal representative according to state law and the practical circumstances. Courts typically follow a priority list: surviving spouse first, then adult children, then parents, then siblings, and so on. If you are the sister’s only surviving sibling and no higher-priority relative (spouse, child, parent) is available, you are a likely candidate to serve.

New Hampshire’s probate system and the Revised Statutes govern appointment and intestate succession. See the New Hampshire Judicial Branch Probate pages for practical guidance: https://www.courts.state.nh.us/probate/. For statutory text, consult the NH Revised Statutes at: https://www.gencourt.state.nh.us/rsa/html/index.html.

Step 3 — What the court considers before appointing you

• Age and capacity: You must be an adult and mentally competent to manage estate affairs.
• Conflicts and suitability: The court will look for conflicts of interest or reasons you should not serve (serious felony convictions, incapacity, or demonstrated inability to perform duties).
• Bond requirement: The court may require a surety bond to protect the estate’s creditors and heirs. In some cases, statutes or the will may waive the bond.
• Consent or objections from other heirs: Other heirs can agree to your appointment or object. If contemporaneous heirs with higher priority want to serve, the court usually appoints them instead.

Step 4 — How to ask the probate court to appoint you

1. Locate the probate court in the county where your sister lived when she died. New Hampshire Probate Court information: https://www.courts.state.nh.us/probate/.
2. Gather documents: death certificate, any will, list of assets and creditors, and contact info for heirs.
3. File a petition for appointment of personal representative (forms and filing instructions are available from the probate court).
4. Give notice to heirs and creditors as required by the court. The court will set any necessary hearings.
5. If appointed, obtain letters testamentary or letters of administration (the document that proves your authority), open an estate bank account, inventory assets, notify creditors, pay debts and taxes, and distribute remaining assets according to the will or intestacy rules.

Common practical issues

If multiple people ask to serve, the court resolves disputes by applying statutory priority and looking at who can best protect the estate. If you are not the highest-priority person, you can still ask the court to appoint you if the higher-priority person is unavailable, unwilling, or unfit.

Timeline and cost

How long probate takes depends on estate complexity, creditor claims, and whether there are disputes. Small, uncontested estates move more quickly. Expect filing fees, possible bond premiums, and costs for publishing notices or hiring appraisers. If the estate is very small, simplified procedures may apply.

When you should consider hiring an attorney

Consider a probate attorney if the estate is large or complex, if there are disputes among heirs, if taxes or business interests are involved, or if you face objections to your appointment. A lawyer can prepare petitions, represent you at hearings, and help meet reporting and distribution obligations.

Where to find official New Hampshire resources

• New Hampshire Judicial Branch — Probate Division: https://www.courts.state.nh.us/probate/
• NH Revised Statutes (full text): https://www.gencourt.state.nh.us/rsa/html/index.html

Helpful Hints

• First, check whether your sister left a valid will. The named representative in a will has the primary right to serve.
• Gather key documents early: death certificate, deeds, bank statements, insurance policies, and contact information for family members.
• Contact the probate court in the county where your sister lived for the correct forms and filing process. Most courts publish step-by-step guides and forms online.
• If other heirs exist, communicate early to reduce objections and delays. Many probate disputes arise from poor communication.
• Be prepared to post a bond unless it is waived by statute or by the will; bonds protect the estate from mismanagement.
• Consider a short consultation with a probate attorney to understand obligations and liability before you accept appointment.
• Keep careful records — inventories, receipts, bank statements, and distributions — because you will report to the court and beneficiaries.
• If the estate is small, ask the court whether simplified procedures or summary administration are available to avoid full probate.