Serving as an Administrator for an Intestate Estate in New Hampshire: Bond Requirements and When Waiver Is Possible

Short answer: In New Hampshire the probate court normally requires an administrator (a person appointed to manage an estate when someone dies without a will) to post a fiduciary bond to protect the estate. The court can waive or reduce that bond in certain circumstances — commonly when all interested parties (heirs) agree in writing and the court approves — but the court has the final say.

Detailed answer — what to expect under New Hampshire law

When a person dies intestate (without a will) the superior court (probate function) appoints an administrator to collect assets, pay debts and distribute what remains to heirs. Because an administrator has control over money and property, courts usually require a fiduciary bond (sometimes called an administration or executor bond). A bond is security that protects the estate and the heirs if the administrator mismanages funds or fails to carry out duties.

Key points about bond requirements and waivers in New Hampshire:

• Default rule: A bond is generally required for administrators. The amount is meant to cover the value of estate assets and protect against loss.
• Waiver by interested persons: Heirs or other persons with legal interest in the estate can generally agree in writing to waive the bond or to accept a reduced bond amount. The court typically requires that the waiver or consent be filed with the probate clerk and that it be signed by the people whose interests would otherwise be protected by the bond.
• Court approval is necessary: Even when all heirs sign a written waiver, the judge can still require a bond if the court believes it is necessary to protect the estate (for example, if there are creditor concerns, disputes, a minor heir, or the administrator’s fitness is questionable).
• Exceptions and flexibility: The court has discretion to reduce the bond amount, to accept alternative security, or to waive bond entirely, depending on the estate’s size, the relationship and trustworthiness of the nominee (for example, when a licensed bank or trust company serves), and the consents filed by interested persons.

Typical steps to seek a waiver in practice

1. Contact the probate clerk in the county where the decedent lived to confirm local procedures and required forms.
2. Prepare a written waiver or consent document signed by all persons entitled to inherit (or otherwise interested). The probate clerk can advise who counts as an interested person in that estate.
3. File the petition for appointment of an administrator together with the signed waivers (or a request to reduce bond) and any supporting materials (death certificate, list of heirs, estimated estate value).
4. The judge will review the file; if the judge accepts the waiver, an order will be entered reducing or dispensing with the bond. If the judge declines, the administrator will need to post the bond before letters are issued.

Hypothetical example

Mary dies in New Hampshire intestate with modest assets (a home and bank accounts totaling $80,000). Her spouse and two adult children all agree that the spouse should serve as administrator and are willing to waive the bond. They sign a written waiver and file it with the probate petition. The court reviews the file and — seeing no creditor disputes, no minor beneficiaries, and a relatively small estate — approves the waiver and issues letters without requiring a bond. If, instead, a creditor objection had been filed or one heir objected, the court might have required a bond despite the other consents.

Why courts ask for a bond

• It protects creditors and beneficiaries from theft, negligence, or mistakes by the fiduciary.
• It creates a source of recovery without requiring estate assets be tied up in litigation to compensate losses.

Where to look for the rules and forms

For official forms and local procedural information, contact the New Hampshire probate court clerk in the county where the decedent lived or use the state court resources. Helpful state resources include the New Hampshire Judicial Branch probate forms and general information pages and the New Hampshire Revised Statutes accessible through the General Court website:

• New Hampshire Judicial Branch (main page) — use the Probate/Family division or forms links to find local procedures and required documents.
• New Hampshire Revised Statutes (RSA) index — for statutory text governing probate, fiduciaries and related procedures.
• Probate forms (courts.state.nh.us) — to find commonly used petitions, waivers and inventory forms (check the county clerk for any local variations).

Practical cautions and considerations

• Even if heirs agree to waive the bond, get that waiver in writing and file it with the court. An informal oral agreement is not enough.
• Waiving a bond can expose heirs to risk if the administrator mismanages the estate. Consider whether fiduciary insurance or requiring periodic accountings is appropriate.
• If creditors are likely, or if one or more heirs are minors or incapacitated, the court will be more likely to require a bond.
• If the proposed administrator cannot afford a court bond, professional fiduciaries or surety companies can sometimes post bond for a fee, or the parties can ask the court to reduce the bond to a modest amount with additional safeguards.
• When in doubt, consult the probate clerk early — they can explain local expectations and which documents will help get a waiver approved.

Helpful Hints

• Talk to the probate clerk before you file — each county may have slightly different procedures and form names.
• Collect and file signed, written waivers from all heirs and interested persons; make sure the signatures are notarized if the clerk requires it.
• Prepare a simple, honest estate inventory and an estimate of asset value to give the judge context for a waiver request.
• Consider agreeing up front to more frequent accountings or an independent reviewer to reassure the court and heirs if you seek bond waiver.
• If a bond is required but you can’t afford it, ask the court about alternatives: smaller bond with conditions, third-party surety, or posting of specific assets as security.
• Keep meticulous records and receipts. Even with a waived bond, you remain personally liable for mismanagement.

Next steps: Contact the probate clerk in the county where the decedent lived to confirm the local forms and to learn precisely which parties must sign a waiver for your case. If estate circumstances are complex, consider getting advice from an attorney who handles New Hampshire probate matters.

Disclaimer: This article provides general information about New Hampshire probate practices and is not legal advice. It does not create an attorney-client relationship. For advice about a specific estate or to confirm how the court will apply rules to particular facts, consult a licensed New Hampshire attorney or the probate clerk.