Selecting an administrator for an estate requires following New Hampshire probate rules. When a higher-priority heir exists, you may still obtain appointment by showing disqualification, refusal, or waiver. Below is an overview of the process under New Hampshire law.
Detailed Answer
1. Priority of Appointment
New Hampshire Revised Statutes Annotated (RSA) Chapter 556 governs appointment of administrators. Under RSA 556:6, the court must appoint in the following order:
- Surviving spouse[1]
- Surviving children
- Grandchildren
- Parents
- Siblings
- Next of kin
See RSA 556:6: https://www.gencourt.state.nh.us/rsa/html/XXII/556/556-6.htm
2. Exceptions When a Higher-Priority Heir Cannot Serve
You can seek appointment over a higher-priority heir if that person:
- Refuses to qualify or post bond within 30 days (RSA 556:12)[2]
- Is under a legal disability (e.g., minor or incapacitated)
- Waives the right in writing
- Has a disqualifying felony conviction
- Resides out of state without court approval
See RSA 556:12: https://www.gencourt.state.nh.us/rsa/html/XXII/556/556-12.htm
3. Petition Process
- File a petition in the Probate Court in the decedent’s county.
- Include the decedent’s death certificate and heir list.
- Provide notice to all interested parties.
- Propose bond amount and secure a bond.
- Explain why the higher-priority heir cannot serve (attach waiver or disqualification evidence).
- Attend a hearing if scheduled.
If the higher-priority heir fails to respond or qualify, the court will appoint the next person in line.
Helpful Hints
- Review RSA 556:1 for administrator qualifications: https://www.gencourt.state.nh.us/rsa/html/XXII/556/556-1.htm
- Obtain signed waivers early to avoid delays.
- Confirm bond requirements with the probate clerk.
- Keep records of all notices and filings.
- Consider mediation if heirs dispute priority.
- Consult a licensed probate attorney for complex estates.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.