Disclaimer: This article provides general legal information only and does not constitute legal advice. Consult an attorney or the probate court for guidance on your specific situation.
Detailed Answer
In New Hampshire, opening probate for a decedent’s estate involves filing a petition in the probate court of the county where the decedent last lived. The process differs slightly depending on whether the decedent left a valid will (testate) or died without one (intestate).
- Identify the decedent’s domicile and check for a will. Locate the original will, if any. Under RSA 551:2(Intestate Succession) and RSA 551:3(Probate of Wills), the probate petition must be filed in the county of the decedent’s last residence.
- Prepare and file the petition. Use the probate court’s standard petition form to request appointment of a personal representative. If a will exists, file a “Probate of Will” petition under RSA 551:3. If no will, file an “Appointment of Administrator” under RSA 551:2. Attach the original will and any codicils, plus heirs-at-law information.
- Pay the filing fee. New Hampshire probate courts charge a fee based on estate value. Contact the local clerk’s office for current fee schedules. Fee waivers may be available for low-income petitioners.
- Provide notice to interested parties. After filing, the court will require notice to heirs, beneficiaries, and creditors. Notice periods vary, but generally must be published in a local newspaper and mailed to known interested persons within 30 days (see RSA 551:5(Notice to Creditors)).
- Attend the probate hearing. The court schedules a hearing to validate the will (if any) and to appoint a personal representative. Witnesses to the will may need to testify if the will’s authenticity is contested.
- Receive Letters Testamentary or Letters of Administration. Once the court approves the petition, it issues formal letters granting the personal representative authority to collect assets, pay debts, and distribute property according to the will or New Hampshire intestacy rules.
- Administer the estate. The personal representative inventories assets, notifies creditors, pays valid claims, files required tax returns, and distributes remaining assets. Final accounting and closing documents must be filed before the estate is closed.
Helpful Hints
- Gather key documents (death certificate, original will, asset records) before filing.
- Check deadlines: probate petitions should be filed within a year after death to avoid penalties.
- Consult the probate court clerk for local rules and forms.
- Maintain detailed records of all notices, expenses, and disbursements.
- Consider hiring an estate attorney for complex estates or contested wills.