Determining Intestate Heirs of a Father’s Estate in New Hampshire
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a valid will in New Hampshire, their estate passes to heirs under the state’s intestate succession laws (see RSA 551:1). To identify the intestate heirs of your father’s estate, follow these steps:
- Confirm Intestate Status. Verify that no valid will, trust, or other dispositive instrument exists. Search personal files, safe deposit boxes, and consult family members or your father’s attorney.
- Establish Marital Status. Determine if your father was married at his death. Under RSA 551:2, a surviving spouse takes a share of the estate.
- List Descendants. Identify all children (including adopted children) born or legally adopted by your father. Under RSA 551:3, the estate splits among descendants if no spouse survives.
- Locate Parents. If your father left no spouse or descendants, his living parents inherit per RSA 551:4.
- Identify Siblings and Their Issue. If no spouse, descendants, or parents survive, siblings and their lineal descendants inherit under RSA 551:5.
- Trace Further Relatives. Absent closer kin, more remote relatives (grandparents, aunts, uncles, cousins) share the estate according to RSA 551:6 and RSA 551:7.
- Record and Report. Compile your findings in estate filings with the probate court. Provide sworn statements or affidavits identifying each heir. The court uses these to confirm entitlement and issue certificates of appointment of personal representative.
Helpful Hints
- Gather certified birth, marriage, adoption, and death certificates to prove relationships.
- Check public records and obituaries to confirm heirs’ names and contact information.
- Consult the New Hampshire Probate Court website for local filing requirements.
- Keep clear notes on each relative’s lineage to avoid disputes.
- Consider hiring a genealogist if family history is complex or records are scarce.