Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In New Hampshire, an heirship affidavit—commonly called a small estate affidavit—is a tool to claim a decedent’s personal property without formal probate under RSA 551:3. Use this process only when no will exists, no probate administration is pending, and the decedent’s total personal property does not exceed the statutory limit.
1. Confirm Eligibility
- Verify there is no existing will or open probate administration by contacting the probate division of the county Superior Court.
- Ensure the total value of personal property (excluding real estate) is below the limit set by RSA 551:3 (currently up to $75,000).
2. Identify Heirs
- Determine heirs according to New Hampshire’s intestacy rules under RSA 551:1.
- Collect documentation—birth certificates, marriage licenses or other records—to prove each heir’s relationship to the decedent.
3. Draft the Affidavit
Your affidavit should include:
- Decedent’s full legal name, date and place of death.
- Statement that no probate administration is pending and no will exists.
- Itemized list of personal property with estimated values.
- Names, addresses and relationships of all heirs.
- Affiant’s signature block, date and space for notarization.
4. Notarize and Distribute
- Sign the affidavit in front of a New Hampshire notary public.
- Attach a certified copy of the death certificate.
- Send certified copies of the affidavit to each custodian of property—banks, brokerage firms or other holders—to effect the transfer.
5. Optional Court Filing
While not mandatory, you may file the affidavit with the probate division for public record. This step can reduce future challenges to the transfer.
Helpful Hints
- Contact the local probate clerk to confirm current limits and request any court-approved form.
- Find sample small estate affidavit forms on the New Hampshire Judicial Branch website.
- Retain organized copies of all documents and correspondence.
- Provide institutions with copies of the affidavit, keeping the original secure.
- If the estate value exceeds statutory limits or disputes arise, consult a licensed attorney.
Note: Statutes and procedures may change. Verify all requirements before proceeding.