Detailed Answer
Under New Hampshire law, heirs can petition the Probate Court to reopen a closed estate when they uncover unclaimed or overlooked assets. RSA 556:5 allows reopening within three years of closing the estate. To begin, gather key documents: original letters of administration, the death certificate, and proof of the asset’s existence (e.g., bank statements or property titles). Identify and prepare to notify all interested parties—spouse, beneficiaries, and creditors—under RSA 551:2.
File a Petition to Reopen the Estate in the probate county where it closed. Your petition should include:
- The original case name, docket number, and the date the estate closed.
- A clear description and estimated value of the newly discovered asset.
- Evidence of heirship and right to the asset.
- A statement explaining why the asset was not discovered earlier.
- A request for relief under RSA 556:5 (556:5).
The court will schedule a hearing and set deadlines for objections. At the hearing, demonstrate good cause and present authenticated evidence of the asset. If the court grants your petition, it will issue an order reopening the estate. The personal representative or appointed administrator will then collect and distribute the asset per the original will or, if none exists, under NH’s intestacy laws (RSA 559:1).
Helpful Hints
- Search the probate court’s online docket for the original case details.
- Document all efforts made to locate missing assets.
- Serve notices promptly and in accordance with NH probate rules.
- Provide detailed, authenticated proof of the asset’s existence and value.
- Consult a probate attorney for estates with significant or complex assets.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.