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Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under New Hampshire law, a minor cannot manage inherited property or legal claims without court supervision. To protect a minor’s interest in an estate, the Probate Division of the Superior Court can appoint either:

• Guardian of a Minor’s Estate: A fiduciary who handles ongoing property management.
• Guardian ad Litem: An attorney or qualified person who represents the minor’s best interests in a specific proceeding.

When to Seek Each Appointment

Appoint a guardian when a minor will receive assets requiring administration, such as real estate, bank accounts, or personal property. Appoint a guardian ad litem when the minor needs legal representation in litigation, including estate settlement disputes.

Filing a Petition

1. Venue: File in the Probate Division of the Superior Court in the county where the decedent died or where the minor resides.
2. Who May Petition: Personal representatives, heirs, beneficiaries, or any interested party.
3. Required Information: Minor’s full name and birth date; description of estate interest; names and addresses of parents or guardians; names of other interested parties.
4. Statutory Authority:
   • Guardianship of a minor’s estate: RSA 464-A:9 (RSA 464-A:9).
   • Guardian ad litem: RSA 464-B:1 (RSA 464-B:1).

Court Process

After filing, the court will:

• Schedule a hearing and require notice to parents and interested parties.
• Review evidence of the minor’s need for protection.
• Issue letters of guardianship or an order appointing a guardian ad litem.
• For guardians: require a bond (RSA 464-A:12) and periodic accountings (RSA 464-A:22).

Role and Responsibilities

Guardians manage property, file inventories, handle investments, and submit annual reports. Guardians ad litem investigate facts, advocate for the minor at hearings, and submit written recommendations.

Helpful Hints

• Start early: estate administration can take months.
• Gather documentation on the minor’s assets before filing.
• Consider consulting a probate attorney for complex estates.
• Be prepared to post a bond and file regular reports if appointed guardian.
• Check the court’s website for local filing forms and fees.