Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Under New Hampshire law, a beneficiary who believes an estate administrator is unreasonably withholding their inheritance can ask the probate court to enforce the administrator’s duty to settle and distribute the estate. The process generally follows these steps:
1. Demand an Accounting
RSA 556:27 requires the personal representative (executor or administrator) to render accounts to interested parties. Send a written demand to the administrator requesting a full accounting of assets, debts, expenses, and distributions so far (RSA 556:27).
2. Petition for a Formal Accounting
If the administrator ignores your request, file a petition in the probate court in the county where the decedent’s estate is probated. Ask the court to order the administrator to file formal accounts. The court clerk can provide the standard form for “Petition for Order to File Accounting.”
3. Motion to Compel Distribution
Once the court approves the accounting and finds that all just debts, taxes, and expenses have been paid, RSA 556:15 directs the personal representative to distribute the remaining estate to the beneficiaries (RSA 556:15). You can file a motion to compel distribution if the administrator delays or refuses to pay your share.
4. Seek Sanctions or Removal
If the administrator still fails to comply, the court can hold them in contempt, impose financial sanctions, or remove them under RSA 556:11 (RSA 556:11). The court may appoint a successor administrator who will carry out the distribution.
5. Alternative Remedies
If the estate lacks sufficient funds or assets, you might file a claim as an unsecured creditor and join other beneficiaries in petitioning for asset liquidation. In rare cases, you can seek injunctive relief to freeze estate assets until the court resolves disputes.
Helpful Hints
- Keep copies of all written requests and court filings.
- Review the will and any codicils carefully; they dictate distribution priorities.
- Verify deadlines: beneficiaries often have limited time to challenge an accounting.
- Attend probate hearings in person to ensure the judge hears your concerns directly.
- Consider mediation if beneficiaries and the administrator disagree over estate valuations.
- Consult probate court rules for local procedures and filing fees.