Can I Open an Estate and Become the Personal Representative if I am the Mother-in-Law in NH?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.