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Detailed Answer — How the process generally works in New Hampshire

When someone dies without a will in New Hampshire, state intestacy rules decide who inherits. The estate normally passes through the probate process. Below is a step‑by‑step guide to claiming your share.

1. Confirm intestacy and identify the estate assets.

   First, confirm that your mother left no valid will. Check with family members, her attorney, safe deposit boxes, the New Hampshire Probate Court records, and any online will‑search services. Make a list of known assets (bank accounts, retirement accounts, real estate, vehicles, life insurance, personal property) and liabilities (debts and mortgages).

2. Understand who the heirs are under New Hampshire law.

   Intestacy statutes set the priority of heirs. Typically, the surviving spouse and children are the primary heirs. If there is no spouse or descendants, parents, siblings, and more distant relatives may inherit. The specific distribution depends on the family make‑up. For the exact statutory framework, see the New Hampshire statutes governing intestate succession: https://www.gencourt.state.nh.us/rsa/html/ (search for the chapters on probate and intestate succession on the General Court website).

3. Find out whether probate is required or whether a simplified transfer is available.

   Some assets transfer outside probate (e.g., assets with a named beneficiary or joint tenancy). For remaining assets, small estate or simplified procedures may exist for low‑value estates that avoid full probate. Check the Probate Court for forms and thresholds, or ask a probate clerk: https://www.courts.state.nh.us/ (search probate court information).

4. Locate or appoint the personal representative (administrator).

   If someone is already acting as the estate’s personal representative (administrator), contact that person to request information about the estate inventory and timeline for distribution. If no one has been appointed, an interested person (often an adult child or spouse) can file a petition in the local Probate Court to be appointed administrator. The administrator has the legal authority to gather assets, pay debts, and distribute the estate under the intestacy rules.

5. File for probate or contest distribution if necessary.

   If the estate has been opened in Probate Court, you may need to file a formal claim with the court or ask the court to order distribution if the administrator is not acting. If you believe the administrator is not correctly following intestacy rules, you can petition the court to compel an accounting, remove the administrator, or request other relief.

6. Provide documentation and cooperate with the administrator or court.

   Be prepared to provide proof of identity and relationship (e.g., birth certificate, your mother’s death certificate). The administrator will prepare an inventory and follow statutory procedures for creditor notice, tax matters, and distribution. You are entitled to information about the estate and any proposed distributions.

7. Receive your share or pursue enforcement.

   Once debts and taxes are resolved, the administrator distributes the remaining estate to heirs according to New Hampshire law. If you do not receive your share as ordered, you can ask the Probate Court to enforce distributions or to resolve disputes among heirs.

8. Dealing with assets located in other states.

   If your mother owned property in another state, that property may require ancillary probate in that state. Discuss this with the administrator or an attorney because additional filings or an ancillary administration may be necessary.

For statutes, official forms, and local probate contact information, consult the New Hampshire General Court and the New Hampshire Judicial Branch:

• New Hampshire Revised Statutes Annotated (search the probate and intestacy chapters): https://www.gencourt.state.nh.us/rsa/html/
• New Hampshire Judicial Branch — court and probate information: https://www.courts.state.nh.us/

Common Scenarios (examples you can expect)

These hypotheticals illustrate how distribution commonly works. They are simplified and for illustration only.

• If your mother is survived by only her adult children and no spouse, the estate commonly divides among the children equally.
• If there is a surviving spouse and children, the spouse and children typically share the intestate estate; the exact shares depend on whether children are also the spouse’s descendants and on the state rules.
• If your mother had no close relatives, more distant relatives (parents, siblings, nieces/nephews) may inherit; if no heirs can be found, the estate may ultimately escheat to the state.

Helpful Hints

• Gather documents early: death certificate, financial statements, titles, deeds, and any letters or notes referencing a will.
• Contact the probate court in the county where your mother lived to learn about forms, filing procedures, and small‑estate options. Clerks can provide procedural information but not legal advice.
• Ask the person acting as administrator for a written inventory and timeline. You have a right to an accounting of estate administration.
• Keep copies of all communications and any filings you submit to the court or administrator.
• Consider mediation for family disputes before costly litigation. Probate courts often encourage dispute resolution where possible.
• If valuable real estate is located out of state, expect ancillary filings in that state; plan for added time and cost.
• Talk to a probate attorney if the estate is large, there are creditor or tax complexities, or if heirs are in serious dispute. An attorney can explain statutory shares, file petitions, and enforce your rights.
• Act promptly. Estate administration has timelines for creditor notices and distributions. Missing deadlines can affect rights to claim assets.