Detailed Answer

Short summary: To be appointed as an estate administrator (sometimes called a personal representative) or as a co-administrator in New Hampshire, you must open probate in the appropriate probate/circuit court, file a petition requesting appointment, show you have priority or the consent of interested parties, meet bond and qualification requirements, and receive Letters of Administration from the court. After appointment you must administer the estate according to New Hampshire law.

Step-by-step process under New Hampshire law

1. Determine whether probate is necessary.

   Not every estate requires a formal probate. Small estates, joint accounts, assets with designated beneficiaries (life insurance, retirement accounts), and assets held in trust often pass outside probate. If the deceased left a will, the will typically must be submitted to probate to appoint a personal representative to carry out its terms.

2. Identify the correct court and venue.

   In New Hampshire, probate matters are handled by the Circuit Court (Probate Division). File the petition in the county where the decedent lived at death. The New Hampshire Judicial Branch explains probate court locations and procedures: NH Judicial Branch — Probate Division.

3. Prepare and file a Petition for Grant of Administration (or Probate of Will with Appointment).

   Common filings include a petition to probate the will (if one exists) and a petition to appoint a personal representative (administrator). If there is no will, the petition typically seeks appointment of an administrator for an intestate estate. The petition will ask the court to appoint you and will identify heirs, beneficiaries, and any creditors known to you.

4. Establish priority or obtain consent.

   New Hampshire law sets rules for who has priority to serve as personal representative. Usually the surviving spouse, a child, or another close family member has priority. If someone with higher priority petitions, a court will usually appoint that person unless they are unsuitable or decline. If all interested parties agree, they can support a joint appointment or appointment of a particular person as co-administrator.

5. Provide supporting documents.

   Attach the decedent’s death certificate, original will (if applicable), an inheritance/next-of-kin list, and any required local forms. The court clerk can provide required forms and filing instructions.

6. Bond and oath.

   The court may require a surety bond to protect the estate’s creditors and beneficiaries. The court sets the bond amount based on the estate’s value unless the will waives bond. The person appointed must take an oath before acting. The court may waive bond when permitted by law.

7. Notice and hearing.

   The court may require notice to interested parties and sometimes a hearing before issuing an appointment. If there are objections (competing petitions, concerns about fitness), the court will resolve them at a hearing.

8. Court issues Letters of Administration (or Letters Testamentary).

   After appointment, the court issues written authority (often called Letters of Administration for intestate estates or Letters Testamentary when an executor is appointed under a will). These letters allow banks, government agencies, and others to recognize the administrator’s authority to act for the estate.

9. Co-administrator appointments.

   Co-administrators may be appointed when the court finds it appropriate (for example, when co-personal representatives are named in a will or when heirs jointly petition). The court will set how decisions are made between co-administrators and the scope of their authority. Co-administrators must coordinate inventory, distributions, and accounting for the estate.

10. Perform duties of administration.

    After appointment you must: collect and protect estate assets; prepare and file an inventory; notify and pay creditors following statutory requirements; file tax returns; petition for distributions to beneficiaries; and file any required final accounting or petition for discharge to close the estate. Follow court deadlines and procedural rules throughout.

Key New Hampshire resources and statutes

• NH Judicial Branch — Probate Division (court locations, forms, and procedural guidance)
• New Hampshire Revised Statutes Annotated (RSA) — Official Code (search for chapters on wills, administration of estates, and probate procedure)

Note: specific RSA chapters relevant to probate and estate administration include provisions on wills, appointment of personal representatives, duties, bond, inventories, and distributions. For authoritative statutory language, consult the RSA pages at the NH General Court linked above and speak with the probate clerk or an attorney for statute-specific interpretation.

When co-administrators are practical

Co-administrators can be useful when:

• Different heirs live in different places and benefit from shared responsibilities.
• One co-administrator handles local affairs while the other manages out-of-state assets or business matters.
• The will names two personal representatives or heirs jointly request shared appointment.

Common complications

• Multiple competing petitions for appointment.
• Allegations of incapacity, conflict of interest, or misconduct against a proposed administrator.
• Unclear or missing will, or disputes about interpretation of the will.
• Complex assets (business interests, property in other states, tax issues) that require professional help.

Helpful Hints

• Contact the local probate (Circuit Court) clerk’s office early. Clerks can explain filing requirements, provide local forms, and tell you which documents the court wants.
• Gather key documents before filing: original will (if any), death certificate, account statements, deeds, insurance policies, and lists of known creditors and heirs.
• If you expect disputes, consider asking the court for temporary letters to allow immediate action (e.g., securing assets) while appointment is pending.
• Check whether the will waives bond. If not, obtain surety bonding quotes early so the bond won’t delay appointment.
• Keep careful records: inventories, receipts, communications with banks and creditors, and a log of distributions. These records are essential for accountings and to protect you from liability.
• Consider limited-scope help from an attorney if the estate is complex or contested. An attorney can prepare documents, represent you at hearings, and reduce mistakes that cause delays or personal liability.
• If serving as co-administrator, get a written agreement among co-administrators (approved by the court if appropriate) describing decision-making procedures, document custody, and handling of disagreements.
• If the estate is small, ask the clerk about simplified or small-estate procedures that may be faster and cheaper than formal administration.

Where to get forms and local instructions

Visit the New Hampshire Judicial Branch Probate Division page for forms and local filing instructions: https://www.courts.state.nh.us/courts/circuit/probate/index.htm. For statutory language, use the New Hampshire RSA website: https://www.gencourt.state.nh.us/rsa/html/.

Disclaimer: This article explains general New Hampshire probate procedure for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a licensed New Hampshire attorney or the probate court clerk.