Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
When someone dies, their bank accounts become part of their estate. In New Hampshire, you generally cannot withdraw funds until the probate court appoints a personal representative (also called an executor or administrator). Follow these steps to access and withdraw money legally:
1. Determine if You Qualify for Summary (Small Estate) Administration
If the decedent’s total probate estate is under $25,000 (not counting real property), you may file for summary administration under RSA 551:20. This streamlined process often takes less time and fewer court appearances than full probate. (RSA 551:20)
2. File a Petition to Open Probate
If the estate exceeds $25,000 or you prefer full administration, file a petition with the Probate Division of the Superior Court in the county where the decedent lived. Include:
- Original death certificate
- The will (if one exists)
- A list of assets (including bank accounts)
- Names and addresses of heirs or beneficiaries
3. Obtain Letters Testamentary or Letters of Administration
Once the court approves your petition, it will issue “Letters Testamentary” (if there’s a will) or “Letters of Administration” (if there isn’t). These certified documents grant legal authority to manage and distribute estate assets. See RSA 551:3 for personal representative powers.
4. Present Documentation to the Bank
Take certified copies of your letters and the death certificate to each bank where the decedent held an account. New Hampshire statutes require banks to freeze accounts upon notice of death. After verifying your authority, most institutions will release funds to you as personal representative. You can then:
- Pay funeral and burial expenses
- Settle outstanding debts and taxes
- Distribute remaining funds per the will or New Hampshire’s intestacy laws
5. Keep Accurate Records
Maintain detailed ledgers of all deposits, withdrawals, and disbursements. The court will require an accounting before closing the estate. Proper records help avoid disputes and ensure compliance with RSA 551:14.
Helpful Hints
- Check for automatic account overrides (e.g., payable-on-death designations) that let beneficiaries bypass probate.
- If the estate qualifies for summary administration, request Form PA-10 from the Probate Court to simplify collection.
- Notify the decedent’s bank promptly to avoid fees or holds.
- Retain all certified documents—originals and copies—for at least three years.
- Consult a probate attorney if the estate includes real property, business interests, or contested assets.