Applying for Letters of Administration in New Hampshire
Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
Overview of Letters of Administration
Letters of Administration grant authority to handle an intestate estate. Under New Hampshire law (RSA 551:1), these letters appoint a personal representative when someone dies without a will or without naming an executor. The personal representative manages assets, pays debts, and distributes property.
Step 1: Determine Eligibility
The court gives priority to the surviving spouse, next of kin, or other heirs (RSA 551:1). Anyone with an interest in the estate may apply. Confirm your relationship and eligibility before filing.
Step 2: Prepare and File the Petition
Complete the Petition for Letters of Administration (AOC-PR-100). Attach a certified death certificate and a list of heirs with contact information. File the petition at the probate court in the county where the decedent lived.
Step 3: Pay Fees and Provide Bond
Submit the filing fee, generally $110 under RSA 551:13. The court may require a bond equal to twice the estate’s value under RSA 551:9. A surety or deposit may secure the bond.
Step 4: Appointment and Issuance
The probate judge reviews your petition. If approved, the judge issues Letters of Administration (AOC-PR-200). This document authorizes you to collect assets and settle the estate.
Key AOC Forms
- AOC-PR-100: Petition for Letters of Administration
- AOC-PR-102: Acceptance of Appointment and Oath
- AOC-PR-200: Letters of Administration
- AOC-PA-300: Notice to Heirs, Next of Kin, and Devisees
- AOC-PA-400: Inventory
- AOC-PA-500: Account
Find all probate forms at NH Judicial Branch Probate Forms.
Helpful Hints
- Review RSA 551 thoroughly to understand requirements.
- Obtain multiple certified copies of the death certificate.
- List all potential heirs, even if distant.
- Check with the probate court clerk on local procedures.
- Consider a bond waiver if the estate has limited assets.
- Keep records of all filings and financial transactions.