Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When a New Hampshire homeowner dies without a will (intestate), state law directs how the property transfers. The process involves three main steps: probate administration, intestate succession, and deed recording.
1. Probate Administration
A family member or creditor files a petition with the county Probate Court to open an estate and appoint an administrator. Under RSA 552:1, the court issues Letters of Administration to the appointed administrator. These letters authorize the administrator to handle estate assets.
2. Intestate Succession
Once appointed, the administrator gathers assets and pays debts. Next, the real estate passes to heirs according to RSA 551:1 and following sections. If the decedent had a surviving spouse and children, they share the estate. If no spouse exists, children inherit equally. Absent children or spouse, parents or siblings inherit in order of priority.
3. Deed Preparation and Recording
After determining heirs, the administrator prepares a deed transferring title to the heirs as tenants in common. New Hampshire law requires recording the deed at the county Registry of Deeds. Reference RSA 479:2 on deed format and recording procedures. Each heir holds an undivided interest.
Partition and Disputes
If multiple heirs cannot agree on managing or selling the property, any co-owner can file a partition action under RSA 547:1. The court may order a sale or physical division of the land.
Helpful Hints
- Start probate promptly to avoid delays.
- Obtain professional appraisals for accurate asset values.
- Keep clear records of all communications and filings.
- Consider mediation before filing partition actions.
- Check county deed fees and potential transfer taxes.