Detailed Answer
If an individual dies in New Hampshire without a will, the estate undergoes intestate succession under RSA 561. Intestate succession determines who inherits the decedent’s assets when no valid will exists. New Hampshire statutes set a clear hierarchy of heirs. When no surviving spouse exists and the decedent is survived by children only, the estate passes equally to the children.
Under RSA 561:1, if no spouse survives, the entire estate goes to the decedent’s children in equal shares. Each child receives an equal portion. If one of the children predeceased the decedent but left descendants, that branch takes the parent’s share by representation (RSA 561:1).
No surviving spouse triggers full distribution to lineal descendants. New Hampshire does not reserve a statutory spousal portion in this scenario because no spouse exists (RSA 561:2).
If the decedent’s two children are minors, the court will appoint a guardian ad litem to represent their interests during estate administration. The estate’s personal representative, appointed by the Probate Court, will manage and distribute the assets in accordance with New Hampshire law.
Helpful Hints
- File a petition in the county Probate Court to open an estate if estate assets exceed $25,000 (RSA 559:1).
- Gather all asset documentation, including bank accounts, real estate deeds, and investments.
- Identify and notify all heirs, including unknown or out-of-state children.
- If minors inherit, expect the court to supervise distributions until they reach the age of majority.
- Consider consulting an attorney if complex assets or creditor claims arise.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance specific to your situation, consult a licensed New Hampshire attorney.