Detailed Answer
If a person who lived in New Hampshire dies without a valid will (intestate), the estate must be administered under New Hampshire probate law. A court-appointed administrator (sometimes called an administrator of the estate) is the person who collects the decedent’s assets, pays valid debts and taxes, and distributes what remains to the heirs. Below are the typical steps and key rules you need to know to apply to serve as administrator in New Hampshire.
1. Confirm that administration is needed
First confirm the decedent did not leave a valid will. If there is no will or no named personal representative able to serve, a court appointment of an administrator is required to manage estate assets that are titled in the decedent’s name alone. Small assets payable directly to a beneficiary or held in joint title may pass outside probate.
2. Identify the correct court
File your petition in the probate court for the county where the decedent lived at the time of death. The New Hampshire Judicial Branch provides probate information and local court contact details. See the Probate Courts section of the Judicial Branch website for contact information and local procedures: https://www.courts.state.nh.us.
3. Who has priority to be appointed?
New Hampshire follows statutory priority rules for appointing an administrator. Generally, a surviving spouse has first priority, followed by adult children, then other next of kin. The court evaluates petitions in the order of priority and will appoint a suitable person who is qualified and available to serve.
4. Documents and information to gather
Before you go to court assemble the documents the court will expect:
- Certified copy of the decedent’s death certificate;
- Your government ID (to prove your identity);
- Proof of your relationship to the decedent (birth certificates, marriage certificate, etc.);
- List of the decedent’s likely heirs with names and addresses;
- Inventory or list of known assets (bank accounts, real estate, vehicles, insurance, retirement accounts) and debts;
- Any known information about other potential personal representatives or pending wills.
5. Filing the petition
You will file a petition or application asking the probate court to appoint you as administrator. Many counties provide a standard petition form. The court will require:
- Completed petition for appointment;
- Oath or affidavit of petitioner;
- Filing fee (varies by county);
- Possible bond or surety unless the court waives bond (see note below).
The court will issue notice to interested persons (heirs, creditors in some cases) and may set a short hearing date. If no one objects and the petitioner has priority, the court normally appoints the administrator and issues Letters of Administration (or similar document) that authorize the administrator to act for the estate.
6. Bond requirement and waivers
Probate courts commonly require an administrator to post a fiduciary bond to protect the estate against mismanagement. The bond requirement can often be waived if all interested persons entitled to notice sign a written waiver or consent. Bring any written consents from heirs if you hope to avoid a bond. Check local court rules and forms for the exact procedure.
7. After appointment: duties you will have
Once appointed and after you receive Letters of Administration, typical duties include:
- Locating and taking control of assets;
- Notifying creditors and publishing required notices (if required by the court);
- Paying valid debts, funeral and administration expenses, and taxes;
- Preparing and filing inventories and interim or final accountings with the probate court as required;
- Distributing the remaining property to heirs according to New Hampshire intestacy rules;
- Closing the estate with the court once duties are complete.
8. Intestacy (how heirs are determined)
When someone dies intestate the estate is distributed under New Hampshire’s intestacy law. Which relatives inherit and in what shares depends on the family the decedent left behind (spouse, children, parents, siblings, etc.). The text of New Hampshire’s statutes governing probate and intestate succession is available through the New Hampshire Revised Statutes Annotated. You can review probate-related statutes at the General Court’s RSA site: https://www.gencourt.state.nh.us/rsa/html/.
9. When to get legal help
If the estate has complex assets (business interests, out-of-state property), potential disputes between heirs, substantial creditor claims, tax issues, or contested petitions for appointment, consult a New Hampshire probate attorney. An attorney can prepare pleadings, represent you at hearings, advise on bond, tax filings, and help complete administration properly.
Helpful Hints
- Call the probate court in the decedent’s county first — staff can tell you which forms the court uses and the current filing fee.
- Bring multiple certified copies of the death certificate; banks and other institutions often require them.
- If you are the surviving spouse and also a beneficiary, explain that to the clerk — spouses usually have appointment priority.
- Collect and preserve records: bank statements, deeds, insurance policies, and recent tax returns will speed administration.
- Get written waivers from all heirs if you want to avoid a bond; the court will tell you how to submit them properly.
- Keep a simple, dated file of every action you take on behalf of the estate (letters sent, checks paid, conversations with creditors).
- Ask the court whether a simplified or small-estate procedure applies — some estates qualify for faster, cheaper handling without full administration.
- If someone objects to your appointment, remain calm and seek legal advice; contested matters are resolved by the probate court.
Where to look for forms and statutes
Start with the New Hampshire Judicial Branch website for probate court contact information and possible local forms: https://www.courts.state.nh.us. For the full text of New Hampshire statutes related to probate, administration, and intestate succession, see the RSA online: https://www.gencourt.state.nh.us/rsa/html/.
Important: This post is for general informational purposes and does not constitute legal advice. The laws and local procedures can change, and individual cases can turn on specific facts. Consult the probate court or a licensed New Hampshire attorney for advice tailored to your situation.