How long does it usually take to get an out-of-state will approved in New Hampshire (NH) probate?

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FAQ: Admitting an out-of-state will to probate in New Hampshire

Detailed answer

When someone dies owning property or living in New Hampshire but their will was signed in another state, the New Hampshire probate court will usually consider that will for admission to probate. The process and timing depend less on where the will was signed and more on: whether the original will is available, whether the will is contested, whether notice and bond requirements apply, and how complete the initial filing is.

How the court decides whether to admit an out-of-state will

Most states, including New Hampshire, admit a will that was validly executed under the law of the place where it was signed or under the law where the testator was a domiciliary, if those laws recognize the signature and formalities. In practice this means that a properly executed will signed in another state is typically eligible for probate here if you file it in the proper New Hampshire probate court and supply the usual supporting documents.

Which court handles the filing

You file the will and a petition for probate with the probate division of the New Hampshire Superior Court (or the court designated for probate matters in the county where the decedent resided or owned real property). The clerk’s office will explain local filing rules, required forms, and the fee schedule. For general information about New Hampshire courts and probate processes, see the New Hampshire Judicial Branch: https://www.courts.nh.gov/. For statutes and specific statutory language, search the New Hampshire Revised Statutes Annotated: https://gencourt.state.nh.us/rsa/html/.

Typical timeline — uncontested cases

If the estate is straightforward and the original will is presented, you can often complete the basic probate steps in a matter of weeks to a few months. Typical phases include:

  • Preparing and filing the petition, will, death certificate, and required forms: 1–2 weeks (depends on how quickly documents are collected).
  • Court review and ministerial processing: 2–6 weeks (clerk review, issuance of initial notices or letters to the appointed personal representative).
  • Notice to heirs and creditors (statutory notice periods may apply): several weeks to a few months, depending on required publication or mailing rules.

Altogether, many uncontested out-of-state will admissions complete within about 4–12 weeks from filing to issuance of Letters Testamentary or appointment of a personal representative. If the probate is informal and no hearing is required, it often resolves faster.

When it will take longer

Certain circumstances extend the timeline substantially:

  • Missing or lost original will — courts may require proof of due execution, extra affidavits, or a formal hearing to admit a copy, which can add months.
  • Contests or will challenges — if an interested person objects (claims undue influence, lack of capacity, or improper execution), the court may schedule hearings and discovery; contested matters often take many months and sometimes over a year.
  • Complex estates — substantial assets, out-of-state property, tax issues, or many creditors/beneficiaries increase administrative time.
  • Bond or ancillary proceedings — if a bond is required or ancillary probate in another state is necessary for property there, expect additional steps and time.

Typical required documents and steps

To speed the process, provide a complete filing package up front. That commonly includes:

  • The original will (if available) and any codicils.
  • Certified death certificate.
  • A petition for probate or appointment of personal representative.
  • A list of heirs and beneficiaries and their contact information.
  • Affidavit attesting to the validity of the will or to execution details (if required).
  • Payment of filing fees and any required bond or proof of bond coverage.

Check with the local probate clerk for county-specific forms and any additional requirements.

Hypothetical example

Jane Doe lived in Manchester, NH, but signed her will while vacationing in Vermont. After Jane’s death the named executor files the original Vermont-signed will with the Hillsborough County probate court, submits Jane’s death certificate, and includes the standard petition and notices. Because the original will is present and no one objects, the court issues Letters Testamentary in about 6 weeks. If the original had been lost and only a photocopy existed, the executor might have had to prove execution and face a hearing that could extend the process many months.

Where to get official guidance

For specific procedural rules, forms, and statutory requirements, consult the New Hampshire statutes and the Judicial Branch:

Helpful Hints

  • Bring the original will whenever possible. Courts prefer original documents and admitting a photocopy can require extra proof and time.
  • Gather the death certificate, beneficiary and heir contact information, and any prior estate planning documents before filing.
  • Call the local probate clerk ahead of filing to confirm required forms, fees, and whether a hearing is likely.
  • If someone disputes the will, consult an attorney experienced in New Hampshire probate — contests can become complex quickly.
  • Ask about simplified or small‑estate procedures if the estate’s assets are limited; these options can greatly shorten the timeline.
  • Keep a clear record of all notices, filings, and communications to reduce delays and demonstrate compliance with court procedures.

Disclaimer: This information is educational and general in nature. It does not constitute legal advice. For advice specific to your situation, consult a licensed New Hampshire probate attorney or the local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.