Detailed Answer
Intestate succession in New Hampshire applies when someone dies without a valid will. The New Hampshire intestate scheme (RSA 560) assigns heirs in a specific order. When a decedent leaves no surviving spouse and three children, the estate passes entirely to those children in equal shares.
Key steps under New Hampshire law:
- Appointment of Personal Representative: A personal representative petitions the probate court in the decedent’s county of residence to open an estate administration.
- Asset Collection and Debt Payment: The representative identifies assets, notifies creditors, pays valid debts and administration costs.
- Heir Determination: Under RSA 560:4, if there is no surviving spouse, the entire intestate estate goes to the decedent’s descendants by right of representation. With three children, each child inherits one‐third.
- Distribution: The representative distributes equal shares of the net estate to each child.
Statutory reference: RSA 560:4—Accumulation Among Kindred: https://www.gencourt.state.nh.us/rsa/html/LXIII/560/560-4.htm.
Example: If the estate’s net value is $120,000, each of the three children would receive $40,000.
Disclaimer: This information is provided for general education and does not constitute legal advice. Consult a licensed attorney to address your specific circumstances.
Helpful Hints
- File the probate petition in the correct county probate court promptly.
- Compile a complete inventory of assets, including real estate, bank accounts, and personal property.
- Provide timely notice to creditors per RSA 551 procedures to minimize liability.
- Collect Social Security numbers and birth certificates for all heirs to streamline distributions.
- Consider hiring an attorney if estate assets are complex or disputes arise among heirs.